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Federal Communications Commission
Washington, DC 20554
In the Matter of
Catholic Radio Network of Loveland, Inc.
Licensee of Station KPIO(AM)
File No.: EB-10-DV-0407
NAL/Acct. No.: 201232800001
Facility ID No.: 35517
MEMORANDUM OPINION AND ORDER
Adopted: February 5, 2015 Released: February 6, 2015
By the Regional Director, Western Region, Enforcement Bureau:
We deny the Petition for Reconsideration filed by Catholic Radio Network of Loveland, Inc. (Catholic Radio), licensee of broadcast Station KPIO(AM), in Loveland, Colorado (Station) seeking reconsideration of the Forfeiture Order issued by the Enforcement Bureau. In the Forfeiture Order, the Enforcement Bureau (Bureau) imposed a forfeiture of $3,200 against Catholic Radio for willfully and repeatedly violating Section 73.1745(a) of the Commission's rules (Rules) by failing to operate the Station as authorized on the Station's license.
Upon review of the Petition for Reconsideration and the entire record, we find no basis for reconsideration. Petitions for Reconsideration are granted only in limited circumstances. Pursuant to Section 405 of the Communications Act of 1934, as amended (Act), and Section 1.106 of the Rules, reconsideration is appropriate only where the petitioner either demonstrates a material error or omission in the underlying order, or raises additional facts not known or not existing until after the petitioner's last opportunity to present such matters. A Petition for Reconsideration that reiterates arguments that were previously considered and rejected will be denied. Catholic Radio's Petition fails to present such information warranting reconsideration.
Catholic Radio does not dispute the violations but argues that the forfeiture should be cancelled because the violation was not willful, and because it cured the violation. There is no merit to either of Catholic Radio's arguments that because Station personnel were unaware of the violation, they could not be found to have consciously and deliberately violated Section 73.1745, or that Station personnel's prompt actions to resolve the violation, undertaken after being made aware of the violation by the FCC agent, warrant cancellation.
It is well settled that the "Commission expects, and it is each licensee's obligation to know and comply with all of the Commission's rules." As the licensee of a broadcast station, Catholic Radio "is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules . . . and in accordance with the terms of the station authorization." 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 Sections 312 and 503(b) of the Act, and the Commission has so interpreted the term in the Section 503(b) context. Thus, the definition of "willful" under the Communications Act is clear and settled, and Catholic Radio's attempt to have us utilize another definition of willful is wholly unavailing. Catholic Radio further appears to argue that despite its responsibility to operate the Station in a manner that complies with the Rules, its apparent lack of knowledge of the Station's overpower operations requires the forfeiture be cancelled. We disagree. Catholic Radio's lack of knowledge is "at best, ignorance of the law, which the Commission does not consider a mitigating circumstance." There was no material error made by the Bureau in the application of Section 503(b) of the Act and Commission precedent to the facts of this case. Even if we were to accept Catholic Radio's argument that its conduct was not "willful," it was nevertheless repeated.
There is also no merit to Catholic Radio's reiterated argument that the Commission's decision in Queen of Peace Radio, Inc., requires that the forfeiture be cancelled. It is undisputed that Catholic Radio's corrective action occurred after being advised of its violation of the Rules. Thus, the Bureau correctly found that Catholic Radio did not make good faith efforts to comply with the Rules prior to Commission notification of the violation, as is required under current precedent for consideration of a good faith reduction in an assessed forfeiture.
We find that the Bureau properly decided the matters raised and that Catholic Radio is not entitled to a reduction or cancellation of the $3,200 forfeiture, and we therefore uphold the Forfeiture Order for the reasons stated herein.
Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended (Act), and Section 1.106 of the Rules, the Petition for Reconsideration filed by Catholic Radio Network of Loveland, Inc., is hereby DENIED.
IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, Catholic Radio Network of Loveland, Inc., IS LIABLE FOR A MONETARY FORFEITURE of $3,200 for willfully and repeatedly violating Section 73.1745(a) of the Rules.
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 Memorandum Opinion and 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.
Payment of the forfeiture must be made by check or similar instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN referenced above. Catholic Radio Network of Loveland, Inc., shall send electronic notification of payment to WR-Response@fcc.gov on the date said payment is made. 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 that should be followed based on the form of payment selected:
* 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.
Any request for making full payment over time 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. Questions regarding payment procedures should be directed to the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall be sent by first class mail and certified mail, return receipt requested, to Catholic Radio Network of Loveland, Inc., 201 N. Industrial Park Road, Excelsior Springs, Missouri, 64024, and to Dennis J. Kelly, Esquire, P.O. Box 41177, Washington, D.C. 20018.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch