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Federal Communications Commission
Washington, D.C. 20554
In the Matter of PBI, LLC Licensee of Stations KDDD(AM) and KDDD-FM Dumas,
TX ) ) ) ) ) ) ) ) File No.: EB-11-DL-0058 NAL/Acct. No.: 201232500005
Facility ID No.: 74311 FRN: 0015162472
Adopted: March 1, 2013 Released: March 1, 2013
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of eight thousand dollars ($8,000) to PBI, LLC (PBI),
licensee of Stations KDDD(AM) and KDDD-FM, in Dumas, Texas, for
willful and repeated violation of Section 11.35(a) of the
Commission's rules (Rules).^ The noted violations involved PBI's
failure to (1) maintain operational emergency alert system (EAS)
equipment, and (2) keep records indicating why EAS tests were not
2. On July 5, 2012, the Enforcement Bureau's Dallas Office (Dallas
Office) issued a Notice of Apparent Liability for Forfeiture and Order
(NAL) ^ ^ to PBI for violations of Section 11.35(a) of the Rules. PBI
submitted a response to the NAL admitting that it was "negligent in
maintaining proper EAS requirements and procedures," and requesting a
reduction of the proposed $8,000 forfeiture, because it "does not have
sufficient funds to remit the entire penalty."^ PBI also certified
that the EAS equipment for Stations KDDD(AM) and KDDD-FM was fully
operational on July 31, 2012.^
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 PBI'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 PBI's response in
light of these statutory factors, and find that a reduction of the
forfeiture is not warranted.
4. Section 11.35(a) of the Rules states that all "EAS Participants are
responsible for ensuring that EAS Encoders, EAS Decoders and Attention
Signal generating and receiving equipment used as part of the EAS are
installed so that the monitoring and transmitting functions are
available during the times the stations and systems are in operation.
Additionally, EAS Participants must determine the cause of any failure
to receive the required tests or activations specified in S
11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any
tests were not received must be made in the broadcast station log."^
It is undisputed that PBI's EAS equipment was not fully operational on
August 16, 2011 and that it had no records of any EAS tests being
received after October 30, 2008. Thus, based on the evidence before
us, we find that PBI willfully and repeatedly violated Section
11.35(a) of the Rules^ by failing to ensure the operational readiness
of the EAS equipment for Stations KDDD(AM) and KDDD-FM, and failing to
explain in station logs why EAS tests were not received.
5. PBI requests reduction of the proposed forfeiture because it asserts
that it is unable to pay the forfeiture. With regard to an individual
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.^ Based on the financial documents provided by
PBI, we conclude that its gross revenues are sufficient to pay the
forfeiture.^ Therefore, we decline to reduce the $8,000 forfeiture on
these grounds. However, PBI also requested the opportunity to make
installment payments on the forfeiture. PBI may request installment
payments as described in paragraph 8 below.
IV. ORDERING CLAUSES
6. 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, PBI, LLC IS
LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand
dollars ($8,000) for violations of Section 11.35(a) of the
7. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar days after the
release date of this Forfeiture Order.^ If the forfeiture is not paid
within the period specified, the case may be referred to the U.S.
Department of Justice for enforcement of the forfeiture pursuant to
Section 504(a) of the Act.^ PBI, LLC shall send electronic
notification of payment to SCR-Response@fcc.gov on the date said
payment is made. The payment must be made by check or similar
instrument, wire transfer, or credit card, and must include the
NAL/Account number and FRN referenced above. Regardless of the form of
payment, a completed FCC Form 159 (Remittance Advice) must be
submitted.^ When completing the FCC Form 159, enter the Account Number
in block number 23A (call sign/other ID) and enter the letters "FORF"
in block number 24A (payment type code). Below are additional
instructions you should follow based on the form of payment you
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
8. Any request for full payment under an installment plan should be sent
to: Chief Financial Officer--Financial Operations, Federal
Communications Commission, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.^ If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk by
phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
9. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by both First Class Mail and Certified Mail, Return Receipt
Requested, to PBI, LLC at P.O. Box 396, Dumas, TX 79029.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
^ 47 C.F.R. S 11.35(a).
^ PBI, LLC, Notice of Apparent Liability for Forfeiture and Order, 27 FCC
Rcd 7569 (Enf. Bur. 2012). A comprehensive recitation of the facts and
history of this case can be found in the NAL and is incorporated herein by
^ Letter from Darrell Wait and Darren Stallwitz, Partners, PBI, LLC, to
the Dallas Office, South Central Region, Enforcement Bureau at 1 (July 31,
2012) (on file in EB-11-DL-0058) (NAL Response).
^ Id. at 2.
^ 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 11.35(a).
^ 47 C.F.R. S 17.57.
^ 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).
^ The forfeiture amount falls within the percentage range that the
Commission has previously found acceptable. See supra note 11.
^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 504(a).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 13-307
Federal Communications Commission DA 13-307