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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Friendship Communications, Inc. File Number EB-08-KC-004
Licensee of KWOF-FM NAL/Acct. No. 200832560001
Hiawatha, Iowa FRN 0007978752
Facility ID # 85165
Adopted: July 21, 2008 Released: July 23, 2008
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) to Friendship
Communications, Inc. ("Friendship"), licensee of non-commercial
station KWOF-FM, in Hiawatha, Iowa, for willful and repeated violation
of Section 73.3527 of the Commission's Rules ("Rules"). The noted
violation involves Friendship's failure to maintain and make available
a complete public inspection file.
2. On March 12, 2008, in response to a complaint, an agent from the
Commission's Kansas City Office of the Enforcement Bureau ("Kansas
City Office") requested to inspect station KWOF-FM's public inspection
file at its main studio during normal business hours. Station KWOF-FM
was unable to locate or make available any Issues-Programs lists.
3. On May 19, 2008, the Kansas City Office issued a Notice of Apparent
Liability for Forfeiture to Friendship in the amount of four thousand
dollars ($4,000) for the apparent willful and repeated violation of
Section 73.3527 of the Rules. Friendship submitted a response to the
NAL requesting cancellation of the proposed forfeiture.
4. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Communications Act of 1934, as amended
("Act'), 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 Friendship'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 73.3527(a)(2) of the Rules requires every licensee in the
non-commercial educational broadcast services to maintain for public
inspection, a file containing materials listed in that section. The
Rules require that the public inspection file be available during
regular business hours at the main studio of the station. Section
73.3527(e)(8) of the Rules requires a list of programs that have
provided the station's most significant treatment of community issues
during the preceding three month period ("Issues/Programs list") to be
placed in the public inspection file. The list shall include a brief
narrative describing what issues were given significant treatment and
the programming that provided this treatment. The description of the
programs shall include, but shall not be limited to, the time, date,
duration, and title of each program in which the issue was treated.
Copies of the lists must be maintained in the file until final action
has been taken on the station's next renewal application. On March 12,
2008, in response to a request made during regular business hours at
the station's main studio, station KWOF-FM was unable to make
available any Issues/Programs lists. There was also no evidence at the
main studio that the Issues/Programs lists had ever been maintained.
6. In response to the NAL, Friendship admits that it did not compile
"Issues/Programs lists" but asserts that the information contained in
the public inspection file, the texts of public service announcements
("PSAs"), complied with the Rules. During the inspection, the agent
from the Kansas City Office requested to see the station's
Issues/Programs lists, and the station did not provide any
documentation. Therefore, because the station failed to make the PSAs
available, we are unable to confirm whether the PSAs were contained in
the public inspection file. Nevertheless, even if the PSAs were
located in the public inspection file, we find that Friendship has
provided no basis upon which to reduce or cancel the forfeiture.
Copies of PSAs placed in a public inspection file do not constitute
issues/programs lists. PSA texts do not contain a brief narrative
describing the issues given significant treatment or the programming
that provided this treatment. PSA texts also do not include the time,
date, duration, and title of each program in which the issue was
treated. Finally, Friendship asserts it is now compiling
Issues/Programs lists. However, post-inspection corrective action
taken to come into compliance with the Rules is expected, and does not
nullify or mitigate any prior forfeitures or violations.
7. Thus, based on the evidence before us, we find that Friendship
willfully and repeatedly violated Section 73.3527 of the Rules by
failing to maintain a complete public inspection file and willfully
violated Section 73.3527 of the Rules by failing to make available a
complete public inspection file. We have examined Friendship'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 to reduce the $4,000 forfeiture proposed for
IV. ORDERING CLAUSES
8. 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, Friendship Communications, Inc.
IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand
dollars ($4,000) for violation of Section 73.3527 of the Rules.
9. 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/Account
Number and FRN Number referenced above. Payment by check or money
order may be mailed to Federal Communications Commission, P.O. Box
979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be
made to ABA Number 021030004, receiving bank TREAS/NYC, and account
number 27000001. For payment by credit card, an FCC Form 159
(Remittance Advice) must be submitted. When completing the FCC Form
159, enter the NAL/Account number in block number 23A (call sign/other
ID), and enter the letters "FORF" in block number 24A (payment type
code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th
Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact
the Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
Friendship will also send electronic notification on the date said
payment is made to SCR-Response@fcc.gov.
10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class and Certified Mail Return Receipt Requested to Friendship
Communications, Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
47 C.F.R. S: 73.3527.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832560001
(Enf. Bur., Kansas City Office, May 19, 2009) ("NAL").
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
47 U.S.C. S: 503(b)(2)(E).
47 C.F.R. S: 73.3527(a)(2).
See 47 C.F.R. S:S: 73.3527(b) and (c)(1).
47 C.F.R. S: 73.3527(e)(8).
See Cumulus Licensing LLC, Memorandum Opinion and Order and Notice of
Apparent Liability, 22 FCC Rcd 13711 (Media Bur. 2007).
See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).
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).
As provided by 47 U.S.C. S: 312(f)(2), a continuous violation is
"repeated" if it continues for more than one day. The Conference Report
for Section 312(f)(2) indicates that Congress intended to apply this
definition to Section 503 of the Act as well as Section 312. See H.R. Rep.
97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting
Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18
FCC Rcd 10319 at fn. 56 (2003).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 73.3527.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 08-1706
Federal Communications Commission DA 08-1706