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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

     In the Matter of                           File No.: EB-11-TP-0018      
     Super W Media Group, Inc.                  NAL/Acct. No.: 201232700002  
     Licensee of Station WIPC AM 1280 kHz       FRN: 0019751031              
     Lake Wales, Florida                        Facility ID No.: 59616       

                                FORFEITURE ORDER

   Adopted: June 6, 2012 Released: June 6, 2012

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


    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of three thousand five hundred dollars ($3,500) to Super W
       Media Group, Inc. (Super W or the Licensee), licensee of Station WIPC,
       in Lake Wales, Florida, for willful and repeated violation of Section
       73.1350(a) of the Commission's rules (Rules). The noted violations
       involved Super W's failure to operate its Station in accordance with
       the terms of its station authorization.


    2. On February 28, 2012, the Enforcement Bureau's Tampa Office (Tampa
       Office) issued a Notice of Apparent Liability for Forfeiture and Order
       (NAL)  to Super W for its failure to change power/operating mode at
       night in accordance with the terms of its station authorization. The
       NAL proposed a $4,000 forfeiture and ordered Super W to submit a
       written statement, signed under penalty of perjury, stating whether
       Station WIPC is now in compliance with Section 73.1350(a) of the
       Rules. Super W submitted a response to the NAL, in which it questions
       the validity of some of the findings in the NAL and  requests
       cancellation of the proposed $4,000 forfeiture based on its "financial
       hardship" claim. Super W also reports that it is now in compliance
       with Section 73.1350(a), stating that the "automation equipment used
       to transition WIPC from daytime to nighttime operations has been
       repaired and is functioning properly at the present time."


    3. 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 Super W's response, Section 503(b)(2)(E) 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 Super W's response in
       light of these statutory factors, and find that a reduction of the
       forfeiture is justified.

    4. Section 73.1350(a) of the Rules states that licensees are "responsible
       for maintaining and operating its broadcast station in a manner which
       complies with . . . the terms of the station authorization." As
       discussed in the NAL, Station WIPC is authorized to operate on 1280
       kHz with a non-directional antenna using 1000 watts during the day and
       a directional antenna using 540 watts at night. On May 21 and June 15,
       2011, agents from the Tampa Office observed no significant change in
       signal strength for Station WIPC's transmissions before and after
       sunset. If the Station had reduced power and antenna directional
       pattern as required, the agents estimate the signal strength of
       Station WIPC's transmissions would have decreased by approximately
       one-third, where the signal was measured and observed.

    5. In its NAL Response, Super W states: "Super W does not concede that
       the Station's nighttime operation was out of compliance at any time
       other than on the evening of June 15, 2011. However, Super W has no
       evidence to refute the field agents' allegations about May 21." Given
       that Super W has conceded to violating Section 73.1350(a) of the Rules
       on June 15, 2011, and cannot otherwise provide a basis to dispute our
       finding with respect to the May 21st violation, we affirm our findings
       in the NAL. In addition, we note that Super W does not dispute the
       NAL's factual recitation that the Station's owner/president admitted
       on June 16, 2011 that the equipment, which automatically switches the
       station to nighttime power and directional pattern, malfunctioned
       about one to two weeks before the inspection. This undisputed
       admission also confirms that the violation occurred for more than one
       day. Accordingly, we conclude that Super W willfully and repeatedly
       violated Section 73.1350(a) of the Rules by failing to operate its
       Station in accordance with the terms of its station authorization.

    6. In spite of the violation, Super W, in its NAL Response, nonetheless
       requests cancellation of the forfeiture due to "financial hardship."
       With regard to an individual's or entity's inability to pay claim, the
       Commission has determined that, in general, gross revenues are the
       best indicator of an ability to pay a forfeiture. Nevertheless, we
       recognize that, in some cases, other financial indicators, such as net
       losses, may also be relevant. If gross revenues are sufficiently
       great, however, the mere fact that a business is operating at a loss
       does not by itself mean that it cannot afford to pay a forfeiture.
       Although Super W asserts that it cannot pay the proposed forfeiture
       due to an "aggregate net operating loss over" the past three calendar
       years, based on our review of Super W's submitted documentation and
       the relevant precedent, we conclude that the Licensee's gross revenues
       can support paying a reduced forfeiture. Accordingly, we reduce the
       forfeiture from $4,000 to $3,500 based solely on the financial
       information that Super W submitted.


    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(f)(4) of the Commission's rules, Super W Media
       Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three
       thousand five hundred dollars ($3,500) for violations of Section
       73.1350(a) of the Commission's rules.

    8. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) calendar 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 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. Regardless of the form of
       payment, 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
       with any questions regarding payment procedures at 1-877-480-3201 or
       E-mail: Super W shall also send electronic
       notification to  on the date said payment is

    9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
       First Class and Certified Mail, Return Receipt Requested, to Super W
       Media Group, Inc. at 630 Mountain Lake Cut-off Road, Lake Wales, FL
       33859, and to its counsel, Donald E. Martin, at P.O. Box 8433, Falls
       Church, VA 22041.


   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S: 73.1350(a).

   Super W Media Group, Inc., Notice of Apparent Liability for Forfeiture and
   Order, 27 FCC Rcd 2076 (Enf. Bur. 2012) (NAL). A comprehensive recitation
   of the facts and history of this case can be found in the NAL and is
   incorporated herein by reference.


   Letter from Donald E. Martin, P.C., Attorney for Super W Media Group,
   Inc., to FCC Enforcement Bureau, Tampa District Office, at 2 (filed March
   29, 2012, in EB-11-TP-0018) (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), recons. denied, 15 FCC Rcd 303 (1999) (Forfeiture
   Policy Statement).

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

   47 C.F.R. S: 73.1350(a).

   NAL, 27 FCC Rcd at 2077.



   NAL Response at 2.

   NAL, 27 FCC Rcd at 2077

   To the extent Super W is arguing that the repairs it has since made to its
   equipment should serve as a basis for cancellation of the forfeiture, we
   disagree. The fact that Super W has since repaired its automation
   equipment and is operating its Station consistent with its authorization
   does not warrant reduction of the proposed forfeiture, as such corrective
   action is expected. See International Broadcasting Corporation, Order on
   Review, 25 FCC Rcd 1538 (2010); Seawest Yacht Brokers, Forfeiture Order, 9
   FCC Rcd 6099 (1994).

   NAL Response at 2.

   See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
   2088, 2089 (1992) (forfeiture not deemed excessive where it represented
   approximately 2.02 percent of the violator's gross revenues); Local Long
   Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
   deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
   Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).

   See Forfeiture Policy Statement, 12 FCC Rcd at 17106. See also PJB
   Communications of Virginia Inc., Memorandum Opinion and Order, 7 FCC Rcd
   2088, 2089 (1992).

   NAL Response at 2.

   This amount falls within the percentage of gross revenues that the Bureau
   has found to be appropriate and not excessive.

   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), 73.1350(a).

   47 C.F.R. S: 1.80.

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

   Federal Communications Commission DA 12-889


   Federal Communications Commission DA 12-889