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 )
Blue Skies Broadcasting Corporation ) File Number: EB-10-SD-0102
Licensee of Station KSKT-CA ) NAL/Acct. No.: 201132940005
San Marcos, California ) FRN: 0003777406
Facility ID # 58927 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted: May 25, 2011 Released: May 26, 2011
By the District Director, San Diego District Office, Western Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Blue Skies Broadcasting Corporation ("Blue Skies"), licensee of
Station KSKT-CA, San Marcos, California, apparently willfully and
repeatedly violated section 73.3526(e)(11)(i) of the Commission's
rules ("Rules") by failing to maintain and make available the
quarterly TV issues/programs lists in the local public inspection
file. We conclude that Blue Skies is apparently liable for a
forfeiture in the amount of fourteen thousand dollars ($14,000).
2. On June 22, 2010, agents from the Enforcement Bureau's San Diego
Office ("San Diego Office") conducted an inspection with personnel of
Station KSKT-CA at the station's main studio in Escondido, California.
The agents reviewed the materials in Station KSKT-CA's public
inspection file and found that the file was missing 34 quarterly TV
issues/programs lists, i.e., all quarterly TV issues/programs lists
since the Commission granted Station KSKT-CA's license on August 9,
3. On March 3, 2011, the Commission's San Diego office issued a Letter of
Inquiry to Blue Skies requesting information on the status of Station
KSKT-CA's public inspection file, and for a list of documents
currently in the file. On March 21, 2011, the San Diego Office
received a reply to the LOI from Blue Skies' President. In its LOI
Response, Blue Skies listed the documents currently in the Station
KSKT-CA public inspection file. That list did not include any
quarterly issues/programs lists.
4. 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. 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.
5. Section 73.3526(a)(2) of the Rules requires broadcast stations to
maintain for public inspection a file containing materials listed in
that section. Section 73.3526(c)(1) of the Rules specifies that the
file shall be available for public inspection at any time during
regular business hours. Section 73.3526(e)(11)(i) of the Rules
requires Class A and commercial TV 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 "TV issues/programs list." Copies of the issues/programs list must
be retained in the public inspection file until final action has been
taken on the station's next license renewal application. On June 22,
2010, San Diego agents reviewed Station KSKT's public inspection file
and found that it was missing 34 quarterly TV issues/programs lists.
As evidenced by its LOI Response, Blue Skies has taken no action
subsequent to the inspection to ensure that the required quarterly TV
issues/programs lists are available in the Station KSKT-CA public
inspection file. Accordingly, based on the evidence before us, we find
that Blue Skies apparently willfully and repeatedly violated section
73.3526(e)(11)(i) of the Rules by failing to maintain the TV
issues/programs lists and make them available in Station KSKT's public
6. Pursuant to the Commission's Forfeiture Policy Statement, and section
1.80 of the Rules, the base forfeiture amount for violation of the
public file rule 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
require. Applying the Forfeiture Policy Statement, section 1.80 of the
Rules, and the statutory factors to the instant case, we conclude that
an upward adjustment is warranted, given that Blue Skies failed to
correct the violation subsequent to the inspection by the San Diego
agents. We therefore conclude that Blue Skies is apparently liable for
a forfeiture in the amount of fourteen thousand dollars ($14,000) for
its failure to maintain any quarterly TV issues/programs lists in its
public inspection file. We also direct Blue Skies to submit a written
statement signed under penalty of perjury by an officer or director of
the company stating that Station KSKT-CA is now in compliance with
section 73.3526 of the Rules. This statement must be provided to the
Enforcement Bureau at the address listed in paragraph 11 within thirty
days of the release date of this NAL.
IV. ORDERING CLAUSES
7. 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, Blue Skies
Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY
FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000)
for violation of section 73.3526(e)(11)(i) of the Rules.
8. 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, Blue Skies Broadcasting
Corporation SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
9. IT IS FURTHER ORDERED that Blue Skies Broadcasting Corporation SHALL
SUBMIT a sworn statement as described in paragraph 6 to the
Enforcement Bureau Office listed in paragraph 11 within thirty (30)
days of the release date of this Notice of Apparent Liability for
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 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. If payment is made, Blue Skies Broadcasting
Corporation, shall send electronic notification on the date said
payment is made to WR-Response@fcc.gov,
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, if
any, must be mailed to Federal Communications Commission, Enforcement
Bureau, Western Region, San Diego Office, 4542 Ruffner St., Room 370,
San Diego, CA 92111 and must include the NAL/Acct. No. referenced in
the caption. The statement should also be emailed to
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 both by Certified Mail, Return Receipt
Requested, and by regular mail, to Blue Skies Broadcasting
Corporation, 5220 Campo Road, Woodland Hills, California 91364.
FEDERAL COMMUNICATIONS COMMISSION
James T. Lyon
San Diego District Office
47 C.F.R. S: 73.3526(e)(11)(i).
See File No. BLTTA-20010712AAA, granted August 9, 2001. Blue Skies filed
an application to renew the Station KSKT-CA license on August 9, 2006. See
File No. BRTTA-20060809. That application is still pending.
See Letter of Inquiry from James T. Lyon, Acting District Director, San
Diego Office, Western Region, Enforcement Bureau, to Blue Skies
Broadcasting Corporation, dated March 3, 2011 ("LOI").
See Letter from Robert Ruiz, President, Blue Skies Broadcasting
Corporation, to James T. Lyon, Acting District Director, San Diego Office,
Western Region, Enforcement Bureau, dated March 21, 2011 ("LOI Response").
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., Application for Review of Southern California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) ("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.
47 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S: 73.3526(c)(1).
47 C.F.R. S: 73.3526(e)(11)(i).
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).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
See 47 C.F.R. S: 1.1914.
(...continued from previous page)
Federal Communications Commission DA 11-954
Federal Communications Commission DA 11-954