Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Perihelion Global, Inc. File Number: EB-08-OR-0013
Licensee of WTKN-AM NAL/Acct. No. 200832620005
Corinth, Mississippi FRN: 0016367518
Facility ID # 31411
Adopted: November 21, 2008 Released: November 25, 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 fifteen thousand dollars ($15,000) to Perihelion Global,
Inc. ("Perihelion"), licensee of station WTKN-AM, in Corinth,
Mississippi, for willful and repeated violation of Sections 73.49,
73.1125(a) and 73.1201(a)(2) of the Commission's Rules ("Rules") .
The noted violations involve Perihelion's failure to enclose its
antenna structure within an effective locked fence or other enclosure,
failure to maintain a main studio, and failure to transmit the station
2. On February 6, 2008, the Commission's New Orleans Office of the
Enforcement Bureau ("New Orleans Office") received a complaint
concerning station WTKN-AM, alleging multiple violations, including
having no main studio. On February 8 and 11, 2008, an agent from the
New Orleans Office called Perihelion and left messages to be contacted
to schedule an inspection, but the agent's calls were never returned.
3. On February 25, 2008, an agent from the New Orleans Office monitored
WTKN-AM from 7 PM-CST to 9 PM-CST. During this time, the station did
not air any of the required station identifications.
4. On February 26, 2008, an agent from the New Orleans Office inspected
the transmitter site for station WTKN-AM. The agent observed a large
hole in the locked gate for the protective fence surrounding the
WTKN-AM antenna structure, which had radio frequency potential at its
base. This hole allowed easy access to the antenna structure. The
agent also monitored the station throughout the day, and the station
did not broadcast any of the required station identifications.
5. Still on February 26, 2008, the agent attempted to locate and inspect
the main studio for station WTKN-AM. The agent called the local number
for station WTKN-AM and left messages asking to be called back.
However, no employee from station WTKN-AM ever returned the agent's
calls. The agent also contacted the owner of the land on which the
transmitter is located, but he was unaware of a main studio address or
a contact phone number for anyone locally employed by station WTKN-AM.
The only known local address for the station was that of the
transmitter site. The agent observed a small building in the same
pasture as the antenna structure located within the antenna
structure's protective fence. However, this building was not staffed
by any employees and was accessible only through the hole in the
antenna structure's protective fence. The transmitter site and
building were not visible from the main road, there were no signs for
the station on the building, fence, or main road, and there was no
path from the private driveway to the building.
6. On February 26, 2008, the attorney for station WTKN-AM requested to
modify a previously submitted Special Temporary Authority ("STA")
request. The attorney sought permission for station WTKN-AM to operate
without a main studio. In this communication, the attorney stated the
main studio for WTKN-AM is located at the transmitter site and that
weather had rendered the access path to the main studio impassable a
majority of the time.
7. On February 27, 2008, the agent from the New Orleans Office visited
the transmitter site again. The agent observed the same hole in the
locked gate for the protective fence surrounding the antenna structure
as had been observed the previous day. The agent monitored station
WTKN-AM from 8:30 AM-CST to 11:15 AM-CST and observed that the station
did not broadcast the required station identifications.
8. On February 28, 2008, station WTKN-AM's attorney called the New
Orleans Office and spoke to the agent that attempted to inspect
station WTKN-AM. This was the first contact the agent had with anyone
representing station WTKN-AM.
9. On May 9, 2008, the New Orleans Office issued a Notice of Apparent
Liability for Forfeiture to Perihelion in the amount of fifteen
thousand dollars ($15,000), for the apparent willful and repeated
violation of Sections 73.49, 73.1125(a) and 73.1201(a)(2) of the
Rules. Perihelion submitted a response to the NAL requesting to pay
the forfeiture in six installments.
10. The proposed forfeiture amounts 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 Perihelion'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.
11. Section 73.49 of the Rules requires antenna towers having radio
frequency potential at the base to be enclosed within effective locked
fences or other enclosures. On February 26 and 27, 2008, an agent from
the New Orleans Office observed a large hole in the gate of the locked
fence surrounding the antenna structure for station WTKN-AM. This hole
was large enough to provide easy access to the antenna structure. The
antenna structure had radio frequency potential at its base.
12. Section 73.1125(a) of the Rules requires broadcast stations to
maintain a main studio. "A station must equip the main studio with
production and transmission facilities that meet applicable standards,
maintain continuous program transmission capability, and maintain a
meaningful management and staff presence." The Commission has defined
a minimally acceptable "meaningful presence" as full-time managerial
and full-time staff personnel. On February 26, 2008, an agent from the
New Orleans Office attempted to inspect station WTKN-AM's main studio,
but was unable to locate the main studio or contact any employees for
the station. The agent subsequently learned that the station's main
studio was located at the transmitter site. However, the only building
at the transmitter site was unstaffed during normal business hours, so
the agent was unable to determine whether it was equipped with the
required production and transmission facilities. The agent was unable
to find any evidence that station WTKN-AM employed any local staff in
the area. The building was also inaccessible to the public, because it
was located in a pasture and was not visible from the road. There were
no signs on the building or the road that would identify the building
as the main studio, and there was no path going from the private
driveway to the building. Finally, the building was located within the
station's locked antenna structure fence and was only accessible via
the hole in the fence. The attorney for the station stated that the
main studio was inaccessible to the public a majority of the time due
to weather conditions.
13. Section 73.1201(a)(2) of the Rules requires broadcast station
identification announcements to be made hourly, as close to the hour
as feasible, at a natural break in program offerings. An agent from
the New Orleans Office monitored station WTKN-AM on February 25, 26,
and 27, 2008 for several hours. Station WTKN-AM did not give station
identifications at any time while the agent was monitoring.
14. In response to the NAL, Perihelion states it does not dispute any of
the findings in the NAL. Perihelion adds that it was the victim of
sabotage to devalue the company and claims someone intentionally
programmed the computer to remove the station identifications a day or
two before the initial complaint was filed. This claim, however, does
not negate the fact that Perihelion broadcast without station
identification prior to February 6, 2008 and until February 27, 2008.
Perihelion also asserts it will take steps to ensure future compliance
with the rules. 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. Therefore, based on
the evidence before us, we find that Perihelion willfully and
repeatedly violated Sections 73.49, 73.1125(a) and 73.1201(a)(2) of
the Rules by failing to enclose its antenna structure within an
effective locked fence or other enclosure, failing to maintain a main
studio, and failing to transmit the station identification.
15. Finally, Perihelion requests to pay the forfeiture in six
installments. However, Perihelion failed to provide the requested
documentation and good faith payment for the installment payment plan.
Accordingly, we can not grant the requested installment payment plan
at this time.
16. We have examined Perihelion'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 Perihelion
willfully and repeatedly violated Sections 73.49, 73.1125(a) and
73.1201(a)(2) of the Rules. We find no basis for cancellation or
reduction of the $15,000 forfeiture proposed for these violations.
IV. ORDERING CLAUSES
17. 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, Perihelion Global, Inc. IS
LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand
dollars ($15,000) for violations of Sections 73.49, 73.1125(a) and
73.1201(a)(2) of the Rules.
18. 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[s] 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.
Perihelion will also send electronic notification on the date said
payment is made to SCR-Response@fcc.gov.
19. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class and Certified Mail Return Receipt Requested to Perihelion
Global, Inc. at its address of record and to its counsel, Scott C.
Cinnamon, 1250 Connecticut Ave. NW, Washington, DC 20036.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
47 C.F.R. S:S: 73.49, 73.1125(a), 73.1201(a)(2).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832620005
(Enf. Bur., New Orleans Office, May 9, 2008) ("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: 73.49.
47 C.F.R. S: 73.1125(a).
Main Studio and Program Origination Rules, Memorandum Opinion and Order,
3 FCC Rcd 5024, 5026 (1988).
Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6
FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992).
47 C.F.R. S: 73.1201(a)(2).
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:S: 0.111, 0.311, 1.80(f)(4), 73.49,
47 U.S.C. S: 504(a).
Federal Communications Commission DA 08-2550
Federal Communications Commission DA 08-2550