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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Unique Broadcasting, L.L.C. File Number: EB-04-DL-224
Licensee of Station KKJW(FM) NAL/Acct. No. 200532500002
Stanton, Texas FRN 0013487103
Facility ID 76095
Adopted: October 3, 2007 Released: October 5, 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 three thousand six hundred dollars ($3,600) to Unique
Broadcasting, L.L.C. ("Unique"), licensee of station KKJW(FM) in
Stanton, TX, for willful and repeated violation of Section 308(b) of
the Communications Act of 1934, as amended ("Act"). The noted
violation involves Unique's failure to respond to Commission
correspondence requiring written statements of fact relating to
operation of the station.
2. On September 22 and 23, 2004, an agent from the Commission's Dallas
Office of the Enforcement Bureau ("Dallas Office") attempted to
inspect FM radio station KKJW in Stanton, Texas. On both occasions,
the door to the main studio was locked and the lights were off. The
agent attempted to contact the station via the telephone six times in
September and October, 2004. All of the agent's calls were routed
directly to voicemail, and the station returned only one of the
agent's four messages.
3. On October 29, 2004, the Dallas Office issued a Letter of Inquiry
("LOI") to Unique by Certified Mail, Return Receipt Requested seeking
information regarding its main studio staff presence. On November 22,
2004, a signed Return Receipt for the LOI dated November 10, 2004 was
received by the Dallas Office. The station owner also acknowledged
receipt of the LOI via email.
4. On December 3, 2004, after receiving no response to the LOI from
Unique, the Dallas Office issued a Notice of Violation ("NOV") by
Certified Mail, Return Receipt Requested for failure to respond to an
LOI. The NOV was mailed to Unique's address of record, the address
listed in the LOI. The NOV required Unique to provide a written
statement concerning its failure to respond to the LOI and its
attempts to correct the violation. A copy of the LOI was included with
the NOV. On January 4, 2005, the unopened envelope containing the NOV
was returned to the Dallas Office, marked unclaimed.
5. On January 14, 2005, the Dallas Office sent a letter to Unique by
regular mail to the same address as the LOI. The letter included, as
enclosures, the LOI and the NOV, and instructed the licensee to
respond to the documents no later than January 29, 2005. The letter
was not returned to the Dallas Office. As of September 14, 2005,
Unique failed to respond to the LOI, NOV, or letter.
6. On September 14, 2005, the Dallas issued a Notice of Apparent
Liability for Forfeiture to Unique in the amount of four thousand
dollars ($4,000) for the apparent willful and repeated violation of
Section 308(b) of the Act. On December 13, 2005, Unique responded to
the NAL and requested the ability to pay the forfeiture in
installments. Although it submitted a good faith payment of $400, as
of September 24, 2007, Unique failed to submit all of the required
financial documentation and its request for an installment payment
plan was denied.
7. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act, Section 1.80 of the Commission's Rules
("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 Unique'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.
8. Section 403 of the Act authorizes the Commission to institute on its
own motion any inquiry into, inter alia, any matter relating to the
enforcement of the Act or the Rules. Section 308(b) of the Act
provides that the Commission "during the term of any such licenses,
may require from ...a licensee further written statements of fact to
enable it to determine whether ... such license [should be] revoked .
. ." Section 1.89(b) of the Rules states that licensees must submit a
written answer to an NOV to the office originating the NOV within 10
days of receipt of the NOV or within such period as may be specified.
Pursuant to Section 308(b) of the Act, the Dallas Office ordered
Unique in an LOI to provide the requested information by November 15,
2004. Unique signed the return receipt for the LOI and separately
acknowledged receipt of the LOI via email. Unique failed to respond to
the LOI. Pursuant to Section 308(b) of the Act and Section 1.89 of the
Rules, the Dallas Office issued an NOV to Unique on December 3, 2004,
citing its failure to respond to a Bureau inquiry. On January 14,
2005, the Dallas Office mailed a letter to Unique to the address
listed in the LOI, which included the LOI and NOV and required a
response by January 29, 2005. This letter was not returned to the
Dallas Office. Unique did not respond to the LOI until November 14,
2005, after the NAL was released.
9. In its response to the NAL, Unique did not deny the violations and
requested to pay the forfeiture in installment payments. Based on the
evidence before us, we find that Unique willfully and repeatedly
violated Section 308(b) of the Act by failing to respond to Commission
10. We have examined Unique'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 find no basis for
cancellation or reduction of the $4,000 forfeiture proposed for this
violation. However, as Unique has already paid $400 of the $4,000
proposed forfeiture, we issue a forfeiture in the amount of $3,600.
IV. 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, Unique Broadcasting, L.L.C. IS
LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand six
hundred dollars ($3,600) for willfully and repeatedly violating
Section 308(b) of the Act.
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 and Certified Mail Return Receipt Requested to Unique at its
record of address.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
47 U.S.C. S: 308(b).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532500002
(Enf. Bur., Dallas Office, September 14, 2005) ("NAL").
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
47 U.S.C. S: 503(b)(2)(D).
47 U.S.C. S: 403.
47 U.S.C. S: 308(b). See also 47 C.F.R. S: 73.1015.
47 C.F.R. S: 1.89(b).
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).
47 U.S.C. S:S: 308(b), 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80.
47 U.S.C. S: 504(a).
See 47 C.F.R. S: 1.1914.
Federal Communications Commission DA 06-4133
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