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I. Introduction
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find that Pride Radio Licensee, Inc. (``Pride
Radio''), licensee of WLLI-FM, Joliet, Illinois, has apparently
violated Sections 11.35(a), 11.61(a)(1)(v), and
11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules'').1
The violations include failure to have operational Emergency
Alert System (``EAS'') equipment and failure to conduct and log
required EAS tests. We conclude that Pride Radio is apparently
liable for a forfeiture in the amount of four thousand dollars
($4,000).
II. Background
2. On December 21, 1999, an agent from the Commission's
Chicago, Illinois Field Office (``Chicago Field Office'')
inspected radio station WLLI-FM, Joliet, Illinois, to verify
compliance with the Commission's EAS requirements. The agent's
inspection of WLLI-FM's station log revealed WLLI-FM:
(a) did not have fully operational EAS equipment and was unable
to reliably monitor EAS transmissions; WLLI-FM failed to
receive and log required EAS tests for the periods
5/16/99-5/22/99, 6/13/99-7/17/99, 8/8/99-9/18/99, 10/17/99-
10/23/99, and 11/21/99-12/18/99;
(b) failed to transmit and log required weekly EAS tests for the
periods 5/23/99-5/29/99, 6/20/99-7/24/99, 8/8/99-8/14/99,
8/29/99-9/18/99, 9/26/99-10/2/99, 10/10/99-10/23/99, and
11/21/99-12/18/99; and
(c) did not conduct and log the required monthly EAS tests on
July 6,1999, September 7, 1999, and December 7, 1999 in
accordance with the Illinois State Plan.
3. On January 11, 2000, the District Director of the
Chicago Field Office issued an Official Notice of Violation
(``NOV'') to WLLI-FM for the violations the agent found during
the December 21, 1999 inspection. The District Director cited
WLLI-FM for non-compliance with Sections 11.35(a),
11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Rules.
4. On January 24, 2000, the Chicago Field Office received
a response from Pride Radio dated January 24, 2000. Pride Radio
acknowledged in its response that it had failed to comply with
the FCC's EAS requirements, but detailed corrective steps that it
had taken to eliminate the violations (e.g., installing new EAS
equipment).
III. Discussion
5. Section 11.35(a) of the Rules2 requires broadcast
stations to have EAS equipment installed so that the monitoring
and transmitting functions are available during times the station
and systems are in operation. The station must also determine the
cause of any failure to receive the required tests or activations
and make appropriate entries in its station log. During the
December 21, 1999 inspection, the agent found that WLLI-FM did
not have fully operational EAS equipment installed that was able
to consistently receive required EAS tests as noted in paragraph
2(a). Furthermore, WLLI-FM did not determine and make the
appropriate entries detailing the cause of any failure to receive
the required tests in its station log.
6. Section 11.61(a)(1)(v) of the Rules3 requires broadcast
stations to conduct and log monthly tests of the EAS. The State
of Illinois EAS Plan, developed by the State Emergency
Communications Committee, specifies that the monthly EAS tests
will be performed on the first Tuesday of each month at 10:15
a.m. The agent found that Pride Radio did not transmit and log
the required monthly tests on July 6, 1999, September 7, 1999, or
December 7, 1999 in accordance with the Illinois State Plan.
7. Section 11.61(a)(2)(ii)(A) of the Rules4 requires
broadcast stations to conduct tests at least once a week at
random days and times. During the December 21, 1999 inspection,
the agent found that WLLI-FM did not transmit and log its weekly
random EAS tests as noted in paragraph 2(b).
8. Based on the evidence before us, we find that Pride
Radio willfully5 and repeatedly6 violated Sections 11.35(a),
11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Rules. The
Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12
FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303(1999)
(``Policy Statement''), sets the base amount for failure to have
EAS equipment installed and operational at eight thousand dollars
($8,000). In assessing the monetary forfeiture amount, we must
also take into account the statutory factors set forth in Section
503(b)(2)(D) of the Communications Act of 1934, as amended (``the
Act''), 7 that include 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. Applying the
Policy Statement and statutory factors to the instant case, we
believe that a monetary forfeiture of four thousand dollars
($4,000) is warranted for the violations. WLLI-FM's equipment
worked on a periodic basis and WLLI-FM did transmit some of the
required weekly and monthly tests.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the
Rules,9 Pride Radio Licensee, Inc. is hereby NOTIFIED of its
APPARENT LIABILITY FOR A FORFEITURE in the amount of four
thousand dollars ($4,000) for failure to maintain operational EAS
equipment and for failing to conduct and log the required monthly
and weekly tests of EAS, in violation of Sections 11.35(a),
11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Rules.10
10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules,11 within thirty days of the release date
of this NOTICE OF APPARENT LIABILITY, Pride Radio Licensee, Inc.
SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
proposed forfeiture.
11. Payment of the forfeiture may be made by credit card
through the Commission's Credit and Debt Management Center at
(202) 418-1995 or by mailing a check or similar instrument,
payable to the order of the Federal Communications Commission, to
the Forfeiture Collection Section, Finance Branch, Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should note the NAL/Acct. No. X3232002.
12. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Technical and
Public Safety Division, 445 12th Street, S.W., Washington, D.C.
20554 and MUST INCLUDE THE NAL/Acct. No. X3232002.
13. 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.
14. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Credit and Debt Management Center, 445 12th Street,
S.W., Washington, D.C. 20554.12
15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Fletcher, Heald & Hildreth, P.L.C. Attorneys at Law,
11th Floor, 1300 North 17th Street, Arlington, Virginia 22209-
3801. A copy shall be sent, by first class mail, to Pride Radio
Licensee, Inc., 8800 Route 14, Crystal Lake, Illinois 60012.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
District Director
Chicago, Illinois Field Office
Enforcement Bureau
_________________________
1 47 C.F.R. §§ 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A).
2 47 C.F.R. § 11.35(a).
3 47 C.F.R. § 11.61(a)(1)(v).
4 47 C.F.R. § 11.61(a)(2) (ii)(A).
5 Section 312(f)(1), which also applies to Section 503(b),
provides: [t]he term ``willful'', when used with reference to the
commission or omission of any act, means the conscious and
deliberate commission or omission of such act, irrespective of
any intent to violate any provisions of the Act or any rule or
regulation of the Commission authorized by this Act or by a
treaty ratified by the United States. See Southern California
Broadcasting Co., 6 FCC Rcd 4387 (1991).
6 Section 312(f)(2), which also applies to Section 503(b),
provides: [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.
7 47 U.S.C. § 503(b)(2)(D).
8 47 U.S.C. § 503(b).
9 47 C.F.R. §§ 0.111, 0.311, 1.80.
10 47 C.F.R. §§ 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A).
11 47 C.F.R. § 1.80.
12 See 47 C.F.R. § 1.1914.