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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Entertainment Media Trust, Dennis J. )
Licensee of Station KZQZ
) File No.: EB-10-KC-0020
St. Louis, MO
) NAL/Acct. No.: 201132560003
Facility ID # 72391
) FRN: 0014655476
Licensee of Station KQQZ
Facility ID # 5281
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: May 19, 2011 Released: May 19, 2011
By the District Director, Kansas City Office, South Central Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Entertainment Media Trust, Dennis J. Watkins, Trustee
("Entertainment Media Trust" or "the Licensee"), licensee of AM
Station KZQZ, in St. Louis, MO and AM Station KQQZ, in DeSoto, MO,
apparently willfully violated section 73.1350 of the Commission's
Rules ("Rules") by failing to operate Station KZQZ in accordance with
the terms of its station authorization. We also find that the Licensee
apparently willfully and repeatedly violated sections 73.1590 and
73.3526 of the Rules by failing to conduct required annual equipment
performance measurements for Station KZQZ and failing to maintain and
make available complete public inspection files for Stations KZQZ and
KQQZ. We conclude that Entertainment Media Trust is apparently liable
for a forfeiture in the amount of twenty-five thousand dollars
2. On April 20, 2010, in response to a complaint, an agent from the
Enforcement Bureau's Kansas City Office ("Kansas City Office") took
measurements from a location approximately one kilometer west of the
KZQZ transmitter site and observed no change in the field strength of
the station's transmissions after 6:30 p.m. CDT. According to the KZQZ
station authorization, the station must switch from daytime to
nighttime directional patterns at 6:30 p.m. CDT during the entire
month of April.
3. On April 21, 2010, an agent from the Kansas City Office conducted an
inspection of the main studio of co-located Stations KZQZ and KQQZ.
The agent requested to inspect both of the stations' public inspection
files during normal business hours. The public inspection file for
Station KZQZ was missing eight issues/programs lists, i.e., all
issues/programs lists for the period after the licensee acquired the
station in March 2008. The public inspection file for Station KQQZ was
missing two issues/programs lists, i.e., both issues/programs lists
for the period after the licensee acquired the station in November
2009. Station personnel also stated that Station KZQZ had received
comments from the public on the station's webpage, but none of these
comments was included in the public inspection file.
4. An agent from the Kansas City Office also conducted field intensity
measurements of the Station KZQZ signal on April 21, 2010, after the
station had switched manually to a nighttime directional pattern.
Measurements taken at the same location as on April 20, 2010 found the
field intensity to be one-tenth of the value measured the previous
evening. According to station management, no remote monitoring
equipment was installed or used at Station KZQZ, and no operator had
made observations of the transmitting system to determine if the
directional pattern was correct for the pertinent time of day. Station
management also stated that the licensee had not established any
monitoring procedures or schedules for the station and had not
maintained any station logs, other than those pertaining to the
Emergency Alert System.
5. On April 27, 2010, the Kansas City Office issued a Letter of Inquiry
("LOI") to the licensee requesting copies of the last set of equipment
performance measurements for Station KZQZ made to demonstrate the
station's compliance with spurious and harmonic emissions requirements
in accordance with section 73.1590(d) of the Rules. In its response to
the LOI, dated May 6, 2010, Entertainment Media Trust stated that
"arrangements [for the measurements] were in process but never
coordinated because of time restraints on both sides" and that "this
will be corrected as soon as possible."
6. Section 503(b) of the 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. 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 section 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. The term "repeated" means the
commission or omission of such act more than once or for more than one
7. Section 73.1350 of the Rules states that "[e]ach licensee is
responsible for maintaining and operating its broadcast station in a
manner which complies with the technical rules set forth elsewhere in
this part and in accordance with the terms of the station
authorization." Section 73.62(b) of the Rules states that "[i]n the
event of a failure of system components, improper pattern switching or
any other event that results in operation substantially at variance
from the radiation pattern specified in the instrument of
authorization for the pertinent time of day, operation must be
terminated within three minutes unless power can be reduced
sufficiently to eliminate any excessive radiation."
8. The station authorization for Station KZQZ requires it to switch from
daytime to nighttime directional patterns at 6:30 p.m. CDT during the
entire month of April. On April 20, 2010, an agent from the Kansas
City Office observed no change in the field strength of station KZQZ's
transmissions before and after 6:30 p.m. CDT. On April 21, 2010, the
same agent took field strength measurements from the same location as
the previous day, when Station KZQZ was confirmed to be operating with
a nighttime directional pattern. The field strength measurement when
the station was operating with a nighttime directional pattern was
one-tenth the amount measured on April 20, 2010. Accordingly, we find
that on April 20, 2010, Station KZQZ was operating with a daytime
directional pattern after 6:30 p.m. CDT. The Licensee had no station
personnel monitoring the station's transmitter, no remote control
equipment installed, and no automated monitoring equipment to
determine if the station was operating outside authorized parameters
for the pertinent time of day. In addition, the Licensee had not
established monitoring procedures or schedules for the station to
ensure compliance with the Rules and the station authorization. Based
on the evidence before us, we find that Entertainment Media Trust
apparently willfully violated sections 73.1350 of the Rules by
failing to operate Station KZQZ consistent with the terms of its
station authorization by its operation with an incorrect directional
9. Section 73.1590(a)(6) of the Rules states, in relevant part, that "the
licensee of each AM... station... must make equipment performance
measurements for each main transmitter ... annually, ... with not more
than 14 months between measurements...." Sections 73.1590(b) and (d)
of the Rules further require that measurements "for spurious and
harmonic emissions must be made to show compliance with the
transmission system requirements of S: 73.44 for AM stations" and that
such measurements "together with a description of the equipment and
procedure used in making the measurements, signed and dated by
qualified person(s) making the measurements, must be kept on file at
the transmitter or remote control point for a period of 2 years, and
on request must be made available during that time to duly authorized
representatives of the FCC."
10. During the April 21, 2010 inspection, station management could not
provide the results of the latest equipment performance measurements
pertaining to spurious and harmonic emissions on Station KZQZ. In
response to the LOI, the Licensee stated that it did not conduct these
annual equipment performance measurements. The Licensee acquired
Station KZQZ in March 2008, and should have conducted these
measurements in both 2008 and 2009. Based on the evidence before us,
we find that Entertainment Media Trust apparently willfully and
repeatedly violated section 73.1590 of the Rules by failing to conduct
required equipment performance measurements for Station KZQZ in 2008
11. Section 73.3526 of the Rules states that "[e]very permittee or
licensee of an AM, FM, TV or a Class A station in the commercial
broadcast services shall maintain a public inspection file containing
the material" set forth in that section. Section 73.3526(e)(9) of the
Rules states that "[a]ll written comments and suggestions received
from the public regarding operation of the station . . . shall be
retained for a period of three years from the date on which they are
received by the licensee." Section 73.3526(e)(12) of the Rules states
that commercial AM and FM broadcast stations must retain in the file
"every three months a list of programs that have provided the
station's most significant treatment of community issues during the
preceding three month period. [ . . . ] The lists described in this
paragraph shall be retained in the public inspection file until final
action has been taken on the station's next license renewal
application." The public inspection file must be maintained at the
main studio of the station, and must be available for public
inspection at any time during regular business hours.
12. On April 21, 2010, in response to a Kansas City Office agent's request
during normal business hours to view the stations' public inspection
files, Stations KQQZ and KZQZ were unable to make available complete
public inspection files. As discussed above, Station KQQZ's public
inspection file was missing issues/programs lists for two quarters and
Station KZQZ's public inspection file was missing issues/programs
lists for eight quarters. There was no evidence that Entertainment
Media Trust had ever maintained any issues/programs lists since it
acquired the two stations. Station KZQZ's public inspection file was
also missing comments received from the public via the station's
webpage. Based on the evidence before us, we find that Entertainment
Media Trust apparently willfully violated section 73.3526 of the Rules
by failing to make available complete public inspection files for
Stations KQQZ and KZQZ and apparently willfully and repeatedly
violated section 73.3526 of the Rules by failing to maintain complete
public inspection files for those stations.
13. Pursuant to the Forfeiture Policy Statement, and section 1.80 of the
Rules, the base forfeiture amount for operation with an improper
radiation pattern for the pertinent time of day is $7,000, for failure
to make required measurements is $2,000, and for violations of the
public 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, and history of prior
offenses, ability to pay, and other such matters as justice may
14. Applying the Forfeiture Policy Statement, section 1.80 of the Rules,
and the statutory factors to the instant case, we conclude that
Entertainment Media Trust is apparently liable for a total forfeiture
of $25,000, consisting of the following: $7,000 for Station KZQZ's
failure to operate consistent with the terms of its station
authorization; $2,000 for Station KZQZ's failure to make required
measurements in 2008; $2,000 for Station KZQZ's failure to make
required measurements in 2009; $12,000 for Station KZQZ's incomplete
public inspection file, and $2,000 for Station KQQZ's incomplete
public inspection file. The last two proposed forfeiture amounts are
particularly influenced by our finding in another enforcement action
issued today involving an inspection of two other stations owned by
the Licensee on the same day as the inspection here. That inspection
found additional public inspection file violations at both stations,
raising concerns that the Licensee may have a systematic compliance
issue with the Commission's public inspection file rules. We strongly
encourage the Licensee to review those rules closely and ensure that
all of its facilities are in compliance.
IV. ORDERING CLAUSES
15. 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 of the Commission's Rules, Entertainment Media
Trust, Dennis J. Watkins, Trustee is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand
dollars ($25,000) for violations of sections 73.1350, 73.1590 and
73.3526 of the Rules.
16. 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, Entertainment Media
Trust, Dennis J. Watkins, Trustee SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
17. 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 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. 20554.8 If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made,
Entertainment Media Trust will send electronic notification on the
date said payment is made to SCR-Response@fcc.gov.
18. 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. Mail the written statement
to Federal Communications Commission, Enforcement Bureau, South
Central Region, Kansas City Office, 520 N.E. Colbern Rd., 2nd Floor,
Lees Summit, Missouri, 64086, along with the NAL/Acct. No. referenced
in the caption. Also, email the response to SCR-Response@fcc.gov.
19. 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.
20. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by both Certified Mail, Return Receipt
Requested, and regular mail, to Entertainment Media Trust, Dennis J.
Watkins, Trustee, 6500 W. Main Street, Suite 315, Belleville, IL
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
Kansas City Office
South Central Region
47 C.F.R. S: 73.1350.
47 C.F.R. S:S: 73.1590, 73.3526.
The agent took measurements at 6:07 p.m. CDT and at 8:05 p.m. CDT.
License File Number: BZ-19990924ABK.
Letter from Robert McKinney, District Director, Kansas City Office, South
Central Region, Enforcement Bureau to Dennis Watkins, Trustee,
Entertainment Media Trust (April 27, 2010).
47 C.F.R. S: 73.1590(d).
Letter from Dennis Watkins, Trustee, Entertainment Media Trust to Robert
McKinney, District Director, Kansas City Office, South Central Region,
Enforcement Bureau (May 6, 2010).
47 U.S.C. S: 503(b).
47 U.S.C. S: 312(f)(1).
H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 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., Application for Review of 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).
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: 73.1350.
47 C.F.R. S: 73.62(b).
47 C.F.R. S: 73.1590(a)(6).
47 C.F.R. S: 73.1590(b), (d).
47 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S: 73.3526(e)(9).
47 C.F.R. S: 73.3526(e)(12).
47 C.F.R. S: 73.3526(b).
47 C.F.R. S: 73.3526(c).
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) ("Forfeiture Policy Statement"), recon. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.
47 U.S.C. S: 503(b)(2)(E).
Entertainment Media Trust, Dennis J. Watkins, Trustee, Notice of Apparent
Liability, DA 11-902 (Enf. Bur. rel. May 19, 2011).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
73.1350, 73.1590, 73.3526.
8 See 47 C.F.R. S: 1.1914.
(...continued from previous page)
Federal Communications Commission DA 11-900
Federal Communications Commission DA 11-900