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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

     In the Matter of                                                     
     Crocodile Broadcasting Corp., Inc       File No.: EB-10-OR-0090      
     Licensee of Station KGLA(AM)            NAL/Acct. No.: 201132620001  
     Gretna, LA                              FRN No.: 00008354904         
     Facility ID Number: 14538                                            

                                FORFEITURE ORDER

   Adopted: September 7, 2011 Released: September 7, 2011

   By the Regional Director, South Central Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of fourteen thousand dollars ($14,000) to Crocodile
       Broadcasting Corp., Inc., ("CBC"), licensee of Station KGLA(AM),
       Gretna, Louisiana, for willful and repeated violation of sections
       73.1745(a) and 73.3526 of the Commission's rules ("Rules"). The noted
       violations involve CBC's operation at times other than those specified
       in its license and failure to maintain and make available a complete
       public inspection file.


    2. As discussed in detail in the Notice of Apparent Liability for
       Forfeiture ("NAL") in this case, on October 28 and 29, 2010, agents
       from the Enforcement Bureau's New Orleans Office ("New Orleans
       Office") observed Station KGLA operating after 8:30 p.m. local time,
       when its post-sunset authority authorizes it to operate only until
       8:30 p.m. local time. On November 2, 2010, agents from the New Orleans
       Office inspected the station's main studio during regular business
       hours. During the inspection, the station's general manager admitted
       that the station had been operating at reduced power throughout the
       night for several years. In addition, the general manager produced a
       public inspection file for Station KGLA that was missing a copy of the
       current station authorization, the most recent license application,
       and the eight most recent quarterly issues/programs lists.

    3. In view of the record evidence, the NAL proposed a forfeiture of
       $14,000 against the licensee for violation of sections 73.1745(a) and
       73.3526 of the Rules. CBC submitted a response to the NAL
       "acknowledg[ing] the occurrence of the violations cited in the NAL,"
       but nevertheless requesting reduction of the proposed forfeiture based
       on: (1) its mistaken belief that it was authorized to operate at
       night; (2) its history of compliance with the rules; (3) its "limited
       resources to devote to public file maintenance"; (4) its broadcast of
       "programming responsive to community needs and interests during the
       two years prior to the NAL," and (5) its post-inspection efforts to
       remedy the public inspection file violation.


    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 Forfeiture Policy
       Statement. In examining CBC'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. As discussed below, we have considered CBC's response in
       light of these statutory factors and do not reduce the proposed

    5. Section 312(f)(1) of the Act defines willful as "the conscious and
       deliberate commission or omission of [any] act, irrespective of any
       intent to violate" the law. The legislative history to section
       312(f)(1) of the Act clarifies that this definition of willful applies
       to both sections 312 and 503(b) of the Act and the Commission has so
       interpreted the term in the section 503(b) context. The Commission may
       also assess a forfeiture for violations that are merely repeated, and
       not willful.  "Repeated" means that the act was committed or omitted
       more than once, or lasts more than one day.

    6. As CBC does not deny any of the facts set forth in the NAL, we find
       that CBC willfully and repeatedly violated sections 73.1745(a) and
       73.3526 of the Rules by operating at times not specified in its
       license and failing to maintain and make available a complete public
       inspection file. Moreover, we find that CBC has failed to provide any
       justification to reduce the proposed forfeiture.

    7. CBC requests that "its lack of intent to violate the rules [and
       operate at night without authorization] be taken into account in
       mitigation." It is well established, however, that intent to violate
       the law is unnecessary for a violation to be willful. Because CBC
       consciously operated its station after 8:30 p.m. local time, it is
       irrelevant whether it mistakenly thought it had nighttime authority.
       We note that a Media Bureau letter to CBC dated only a few months
       before the agents observed the nighttime operations at issue
       specifically stated that Station KGLA is licensed for "daytime-only
       operation." Any "misunderstanding" by CBC as to its nighttime
       authority should have been cleared up at that time, yet Station KGLA
       apparently persisted in its nighttime operations.

    8. We also find that CBC is not entitled to a reduction based on its
       history of compliance with the rules. The Commission may take into
       account the duration of a violation in considering whether a licensee
       has a history of overall compliance.  Although CBC has not received a
       prior written sanction, CBC admitted in this proceeding to operating
       at night for several years, in violation of the Rules and in disregard
       for the Media Bureau's denial of the licensee's request for an STA for
       nighttime operation. Given the long-standing nature of this violation
       and licensee's the lack of attention to the Media Bureau letter, we do
       not find a reduction based on history of compliance is warranted.

    9. We also reject CBC's claim that the proposed forfeiture should be
       reduced based on unsupported assertions about its financial resources.
       CBC states that it "is a small broadcaster whose fortunes has suffered
       as a consequence of the aftermath of Hurricane Katrina, the BP oil
       spill in 2010, and the recent failure of its antenna," and "has
       limited resources to devote to public file maintenance." CBC does not,
       however, assert that it would be unable to pay the forfeiture and
       failed to produce any financial documentation to support its inability
       to pay claim. As such, CBC has not demonstrated an inability to pay
       the proposed forfeiture amount.

   10. Finally, with regard to the public file violation, CBC states that it
       has broadcast programming responsive to local needs, and that while it
       admittedly failed to maintain issues/programs lists in its public
       inspection file, as required by section 73.3526 of the Rules, it has
       since corrected the violation. We find no basis on which to reduce the
       forfeiture amount on these grounds. CBC admits that it violated
       section 73.3526, and a licensee's correction of a violation after an
       inspection is expected - it does not nullify or mitigate any prior
       forfeitures or violations.

   11. For these reasons, pursuant to section 503(b) of the Act, and in
       conjunction with the Forfeiture Policy Statement, we conclude that
       cancellation or reduction of the proposed $14,000 forfeiture is not


   12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Crocodile
       Broadcasting Corp., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the
       amount of fourteen thousand dollars ($14,000) for violations of
       sections 73.1745(a) and 73.3526 of the Rules.

   13. 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 enforcement 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:  with any questions regarding payment procedures.
       CBC shall also send electronic notification on the date said payment
       is made to

   14. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
       First Class and Certified Mail Return Receipt Requested to Crocodile
       Broadcasting Corp., Inc. at its address of record and to its counsel,
       Howard M. Weiss, Fletcher, Heald & Hildreth, PLC, 1300 North 17th
       Street, 11th Floor, Arlington, VA 22209.


   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 73.1745(a), 73.3526.

   Crocodile Broadcasting Corp., Inc., Notice of Apparent Liability for
   Forfeiture, 26 FCC Rcd 1173 (Enf. Bur., 2011). A comprehensive recitation
   of the facts and history of this case can be found in the NAL, which is
   incorporated herein by reference.

   Revised Parameters for Operation under Post-Sunset Authority (PSSA),
   February 28, 2007.

   See Letter from Howard M. Weiss, Counsel for Crocodile Broadcasting Corp.,
   Inc., to District Director, New Orleans Office, Enforcement Bureau, March
   28, 2011 ("NAL Response").

   47 U.S.C. S: 503(b).

   47 C.F.R. S: 1.80.

   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) ("Forfeiture
   Policy Statement").

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 312(f)(1).

   H.R. Conf. Rep. No. 97-765, at 51 (1982) ("This provision [inserted in
   section 312] defines the terms `willful' and `repeated' for purposes of
   section 312, and for any other relevant section of the act (e.g., section
   503) . . . . As defined[,] . . . `willful' means that the licensee knew
   that he was doing the act in question, regardless of whether there was an
   intent to violate the law. `Repeated' means more than once, or where the
   act is continuous, for more than one day. Whether an act is considered to
   be `continuous' would depend upon the circumstances in each case. The
   definitions are intended primarily to clarify the language in sections 312
   and 503, and are consistent with the Commission's application of those
   terms . . . .").

   See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991), recon. denied, 7 FCC Rcd 3454 (1992)
   ("Southern California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
   Cablevision, Inc., 16 FCC Rcd at 1362, P: 9.

   NAL Response at 2.

   See supra note 10.

   See Letter from Charles N. Miller, Engineer, Audio Division, Media Bureau,
   to Francisco R. Montero, Esq., Fletcher, Heald & Hildreth, P.L.C., dated
   July 30, 2010. In response to a request for special temporary authority
   ("STA"), the letter denied the request for an STA for nighttime operation,
   summarizing the procedural history of Station KGLA's nighttime operations
   authority and explaining that, because Station KGLA did not propose
   nighttime operation in its 1988 application for a construction permit,
   Station KGLA is licensed for daytime-only operation. CBC asserts that it
   thought Station KGLA had nighttime authority even after July 2010 because
   of the "circumstances" surrounding its 1988 permit application and its
   failure to carefully read the letter from the Media Bureau. CBC
   "acknowledges that this misunderstanding is that of the licensee, but asks
   that its lack of intent to violate the rules be taken into account in
   mitigation." See NAL Response at 2. As discussed above, it is irrelevant
   whether CBC mistakenly thought it had nighttime operating authority.
   Moreover, mitigating the forfeiture on these grounds would only serve to
   reward CBC for its lack of attention to the terms of its station
   authorization and to Commission correspondence.

   See supra  note 16.

   See Commercial Radio Service Corp., Forfeiture Order, 16 FCC Rcd 3543,
   3545 (Enf. Bur. Tech. & Pub. Safety Div., 2001) (denying a reduction for a
   history of overall compliance where the licensee operated eleven
   specialized mobile radio stations without authorization for five months);
   LSM Radio Partners, LLC, Forfeiture Order, 25 FCC Rcd 10631 (Enf. Bur.
   2010) (denying a reduction for history of overall compliance where the
   licensee operated without operational Emergency Alert System equipment for
   approximately 21 months).

   NAL Response at 2.

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994)
   (finding attempts to comply with licensing requirements following initial
   violation are expected and do not warrant reduction or cancellation of
   forfeiture); Rama Communications, Inc., Memorandum Opinion and Order, 24
   FCC Rcd 4981 (Enf. Bur. 2009) (finding post-inspection correction of tower
   painting, tower fencing, public inspection file and overpower operation
   violations is expected and does not warrant reduction or cancellation of
   forfeiture); Bethune-Cookman College, Inc.. Forfeiture Order, 24 FCC Rcd
   4513 (South Central Region 2009) (finding installation of required EAS
   decoder after an inspection is expected and does not warrant reduction or
   cancellation of forfeiture); International Broadcasting Corporation, Order
   on Review 25 FCC Rcd 1538 (2010) (finding post-inspection attempts to
   paint and register antenna structure are expected and do not warrant
   reduction or cancellation of forfeiture). [Switch order of cases to
   reverse chronological]

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4), 73.1745(a), 73.3526.

   47 U.S.C. S: 504(a).

   (... continued from previous page)


   Federal Communications Commission DA 11-1505


   Federal Communications Commission DA 11-1505