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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Mapleton License of San Luis Obispo,
LLC. ) File Number: EB-10-LA-0032
Licensee of FM Broadcast Station ) NAL/Acct. No.: 201132900001
) FRN: 0017174020
Facility ID # 70781
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: November 3, 2010 Released: November 5, 2010
By the District Director, Los Angeles Office, Western Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Mapleton License of San Luis Obispo, LLC ("Mapleton"), licensee
of FM station KXDZ, in Templeton, California, apparently willfully and
repeatedly violated Section 73.3526 of the Rules by failing to
maintain a complete public inspection file. We conclude that Mapleton
License of San Luis Obispo, LLC, is apparently liable for a forfeiture
in the amount of ten thousand dollars ($10,000).
2. On February 24, 2010, an agent from the Enforcement Bureau's Los
Angeles Office inspected the main studio of Station KXDZ, located in
San Luis Obispo, California. The agent reviewed the content of Station
KXDZ's public inspection file and discovered that required
issues/programs lists were missing for the fourth quarter of 2007,
first, second, and third quarters of 2008, and the first and fourth
quarters of 2009. The agent discussed the file's deficiency with the
Market Manager for the Mapleton stations. The Market Manager agreed
that the documents were missing from the file and indicated that the
period for which the issues/programs lists were missing appeared to
coincide with the departure of the station employee who had previously
maintained the lists.
3. Section 503(b) of the Communications Act of 1934, as amended ("Act"),
provides that any person who willfully or repeatedly fails to comply
substantially with the terms and conditions of any license, or
willfully or repeatedly fails to comply with any of the provisions of
the Act or of any rule, regulation or order issued by the Commission
thereunder, shall be liable for a forfeiture penalty. The term
"willful" as used in Section 503(b) has been interpreted to mean
simply that the acts or omissions are committed knowingly. The term
"repeated" means the commission or omission of such act more than once
or for more than one day.
4. Section 73.3526(a)(2) of the Rules requires that every licensee of an
AM or FM station shall maintain a public inspection file containing
the material, relating to that station, described in Section
73.3526(e) of the Rules. Specifically, Section 73.3526(e)(12) of the
Rules requires licensees to place in their 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 and copies of the lists must be maintained in the
file until final action has been taken on the station's next renewal
application. Further, as required by Section 73.3526(b), the public
inspection file shall be maintained at the station's main studio.
5. The public inspection file for Station KXDZ was missing quarterly
radio issues/program lists for the fourth quarter of 2007, the first,
second, and third quarters of 2008, and the first and fourth quarters
of 2009. All of the noted quarters are within the current license
term, which began on November 29, 2005. When interviewed by the Los
Angeles Office agent, Mapleton's Market Manager acknowledged the
above-specified lists were missing and indicated that the problems
with the lists coincided with the departure of the station employee
responsible for maintaining the lists. Where lapses occur in
maintaining the public inspection file, however, the negligent acts or
omissions of station employees or agents do not excuse or nullify a
licensee's rule violation. Based on the evidence before us, including
the fact that the public inspection file was missing multiple quarters
of material, we find that Mapleton apparently willfully and
repeatedly violated Section 73.3526 of the Rules by failing to ensure
a complete public inspection file was properly maintained at the
Station KXDZ main studio.
6. Pursuant to the Commission's Forfeiture Policy and Section 1.80 of the
Rules, the base forfeiture for violations of the public inspection
file rules is $10,000. In assessing the monetary forfeiture amount, we
must also take into account the statutory factors set forth in Section
503(b)(2)(E) of the Act, which include the nature, circumstances,
extent, and gravity of the violations, 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.
7. With respect to the forfeiture calculation in this case, we note that
Mapleton has a history of noncompliance with the public inspection
file requirement. In its July 29, 2005 renewal application for Station
KXDZ, Mapleton acknowledged certain omissions in the Station KXDZ
public inspection file in the prior license term, related to EEO
reports, and stated that "Mapleton has now prepared and placed in its
public inspection file all required reports. Mapleton understands that
the public inspection file requirements are intended to provide the
public with important information regarding the station's operations
in a timely manner and sincerely regrets its oversight. Mapleton
anticipates that it will comply with the public file requirements in
all respects going forward." Notwithstanding those assurances,
however, Mapleton again violated the Commission's public file rule
five years later. Thus, although the Station KXDZ public inspection
file was partially complete, in light of Mapleton's previous public
file rule violations, we conclude that no reduction in the base
forfeiture amount for the public file violation is appropriate, given
Mapleton's history of noncompliance. Applying the Forfeiture Policy
Statement, Section 1.80 of the Rules, and the statutory factors to the
instant case, we conclude that Mapleton is apparently liable for a
forfeiture in the amount of $10,000. We caution Mapleton that further
violations of the public file rule may meet with even more severe
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,
0.314 and 1.80 of the Commission's Rules, Mapleton License of San Luis
Obispo, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of ten thousand dollars ($10,000) for
violation of Section 73.3526 of the Rules.
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Mapleton License of San
Luis Obispo, LLC, SHALL PAY the full amount of the proposed forfeiture
or SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
10. Payment of the forfeiture must be made by credit card, 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. If you have questions, please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov. Mapleton License of San Luis Obispo, LLC, shall
also send electronic notification on the date said payment is made to
11. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
Sections 1.80(f)(3) and 1.16 of the Rules. The written statement must
be mailed to Federal Communications Commission, Enforcement Bureau,
Western Region, Los Angeles Office, 18000 Studebaker Rd., #660,
Cerritos, CA 90703 and must include the NAL/Acct. No. referenced in
the caption. An electronic copy shall be sent to WR-Response@fcc.gov.
12. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and
objective documentation that accurately reflects the petitioner's
current financial status. Any claim of inability to pay must
specifically identify the basis for the claim by reference to the
financial documentation submitted.
13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Mapleton License of San Luis Obispo,
FEDERAL COMMUNICATIONS COMMISSION
Los Angeles District Office
47 C.F.R. S: 73.3526.
47 U.S.C. S: 503(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', when used with reference to the
commission or omission of any act, 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, e.g., Southern California Broadcasting
Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7
FCC Rcd 3454 (1992).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under Section 503(b) of
the Act, provides that "[t]he 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 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S: 73.3526(e)(12).
47 C.F.R. S: 73.3526(b).
See Padre Serra Communications, Inc., Letter, 14 FCC Rcd 9709 (Mass Media
Bur. 1999) (citing Gaffney Broadcasting, Inc., Memorandum Opinion and
Order, 23 FCC 2d 912, 913 (1970). See also Rama Communications, Memorandum
Opinion and Order, 23 FCC Rcd 18209 (Enf. Bur. 2008).
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S: 503(b)(2)(E).
See File No. BRH-20050729DPU, granted November 29, 2005, Exhibit 11.
See Citicasters Licenses, L.P., Notice of Apparent Liability for
Forfeiture, 22 FCC Rcd 1633 (Enf. Bur. Investigations & Hearings Div.
2007) (upwardly adjusting a proposed forfeiture amount when a licensee has
a history of similar violations over a seven-year period); see also WXDJ
Licensing, Forfeiture Order, 25 FCC Rcd 3911 (Enf. Bur. Investigations &
Hearings Div. 2010).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.3526.
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission DA 10-2120
Federal Communications Commission DA 10-2120