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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Community Broadcast Group, Inc. File Number: EB-06-DL-075
Licensee of Station KZEY NAL/Acct. No.: 200732500003
Tyler, Texas FRN: 0003773140
Facility ID # 12809
Adopted: March 22, 2007 Released: March 29, 2007
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of eleven thousand dollars ($11,000) to Community Broadcast
Group, Inc., ("Community") licensee of AM Broadcast Radio station
KZEY, in Tyler, Texas, for willful and repeated violation of Sections
73.1350(a) and 73.3526 of the Commission's Rules ("Rules"). The noted
violations involve Community's failure to operate the station in
accordance with the station authorization and failure to make
available a complete public inspection file.
2. On June 5, 2006, agents from the Commission's Dallas Office of the
Enforcement Bureau ("Dallas Office") conducted an inspection of
station KZEY's main studio located in Tyler, Texas. When the agents
asked to inspect the station's public inspection file during regular
business hours, the station could not produce a complete file. The
file contained no Radio Issues/Program lists from any quarter. At the
transmitter site, the agents found that the station was operating in
an omni directional mode from a single tower. The station
authorization for station KZEY requires that the station operate in a
two tower directional configuration. Station personnel stated that the
station had been operating in a directional mode from a single tower
for more than a year.
3. On January 30, 2007, the Commission's Dallas Office of the Enforcement
Bureau ("Dallas Office") issued a Notice of Apparent Liability for
Forfeiture ("NAL") in the amount of $11,000 to Community. Community
submitted a late-filed response to the NAL requesting a reduction of
the forfeiture, which was received by the Dallas Office on March 22,
4. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Communications Act of 1934, as amended,
Section 1.80 of the Rules, and The Commission's Forfeiture Policy
Statement and Amendment of Section 1.80 of the Rules to Incorporate
the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15
FCC Rcd 303 (1999) ("Forfeiture Policy Statement"). In examining
Community's response, Section 503(b) of the Act requires that the
Commission take into account the nature, circumstances, extent and
gravity of the violation and, with respect to the violator, the degree
of culpability, any history of prior offenses, ability to pay, and
other such matters as justice may require.
5. Section 73.1350(a) of the Rules states that each licensee is
responsible for maintaining and operating its broadcast station in a
manner which complies with the technical rules set forth elsewhere in
this part and in accordance with the terms of the station
authorization. KZEY's station authorization requires that the station
utilize a two-tower directional array during the day and night. On
June 5, 2006, station KZEY was operating in a non-directional mode on
a single tower. Station personnel stated during the inspection that
station KZEY had been transmitting with a non-directional pattern for
more than a year. In response to the NAL, Community admits that it was
operating in a non-directional mode on a single tower, but claims it
was operating in this fashion for less than a year. Community claims
that it made plans to put the station back at the two-tower
configuration prior to the inspection. Thus, Community's response to
the NAL supports the finding that it willfully operated its station in
a manner inconsistent with its station authorization for more than one
6. Section 73.3526(a)(2) of the Rules requires broadcast stations to
maintain for public inspection a file containing materials listed in
that section. Section 73.3526(c)(1) of the Rules states that the file
shall be available for public inspection at any time during regular
business hours. Section 73.3526(e)(12) of the Rules requires licensees
to place in the public inspection file, for each calendar quarter, a
list of programs that have provided the station's most significant
treatment of community issues during the preceding three month period.
This list is known as the radio Issues/Programs list. On June 5, 2006,
in response to a request made to inspect the station's public file
during normal business hours, station KZEY was unable to produce any
copies of the station's radio Issues/Programs lists for any quarter.
During the inspection, the agents saw no evidence that the lists were
ever maintained in the public file. In its response to the NAL,
Community claims that the regular office workers, who were not at the
station during the inspection, would have been able to produce a
complete inspection file. Community, however, provided no evidence in
support of its claim that it had maintained Issues/Programs lists at
the station. Even assuming arguendo that the Issues/Programs lists
were located at the station, it is undisputed that, during the
inspection, station KZEY was unable to make available a complete
public inspection file.
7. Based on the evidence before us, we find that Community willfully and
repeatedly violated Sections 73.1350(a) and 73.3526 of the Rules by
failing to operate its station consistent with the terms of its
station authorization and failing to make available and maintain a
complete public inspection file.
8. Community states that it requested and received a Special Temporary
Authority to operate soon after the inspection. However, corrective
action taken to come into compliance with the Rules and does not
nullify or mitigate any prior forfeitures or violations.
9. Community also claims that payment of an $11,000 forfeiture would pose
a hardship for the station, but it failed to provide any financial
documentation in support of its claim. Therefore, we are unable to
determine whether a reduction based on inability to pay is warranted.
In the alternative, Community requests an installment payment plan.
Community may make such a request to the Associate Managing Director,
as described in paragraph 11, herein.
10. We have examined Community's response to the NAL pursuant to the
statutory factors above, and in conjunction with the Forfeiture Policy
Statement. As a result of our review, we conclude that Community
willfully and repeatedly violated Sections 73.1350(a) and 73.3526 of
the Rules and that no reduction of the proposed $11,000 forfeiture is
III. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
1.80(f)(4) of the Commission's Rules, Community Broadcast Group, Inc.
IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for
violation of Sections 73.1350(a) and 73.3526 of the Rules.
12. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within 30 days of the release of this Order.
If the forfeiture is not paid within the period specified, the case
may be referred to the Department of Justice for collection pursuant
to Section 504(a) of the Act. Payment of the forfeiture must be made
by check or similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the NAL/Acct. No.
and FRN No. referenced above. Payment by check or money order may be
mailed to Federal Communications Commission, P.O.
Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may
be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account
number 911-6106. Requests for full payment under an installment plan
should be sent to: Associate Managing Director, Financial Operations,
445 12th Street, S.W., Room 1A625, Washington, D.C. 20554.
13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Community
Broadcast Group, Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
47 C.F.R. SS 73.1350(a), 73.3526.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732500003
(Enf. Bur., Dallas Office, released January 30, 2007).
Community did not request an extension of time in which to submit its
response to the NAL. Its response was due March 1, 2007. Although we are
not required to consider its late-filed response, we will address the
merits of Community's response herein.
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
47 U.S.C. S 503(b)(2)(E).
Community provided no specific information or evidence of these plans, so
we are unable to determine whether a reduction based on good faith efforts
to comply is warranted.
47 C.F.R. S 73.3526(a)(2).
47 C.F.R. S 73.3526(c)(1).
47 C.F.R. S 73.3526(e)(12).
Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he term `willful,' ... means the conscious and
deliberate commission or omission of such act, irrespective of any intent
to violate any provision of this Act or any rule or regulation of the
Commission authorized by this Act ...." See Southern California
Broadcasting Co., 6 FCC Rcd 4387 (1991).
The term "repeated," when used with reference to the commission or
omission of any act, "means the commission or omission of such act more
than once or, if such commission or omission is continuous, for more than
one day." 47 U.S.C. S 312(f)(2).
See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 07-1375
Federal Communications Commission DA 07-1375