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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File Number: EB-02-BF-
Arrow Communications of N.Y. ) 181
Radio Stations WPIG(FM) & ) NAL/Acct. No.
WHDL(AM) ) 200332280002
Williamsport, PA. )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 7,
By the Resident Agent, Buffalo Office, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find that Arrow Communications of N.Y. Inc.
(``Arrow''), licensee of radio stations WPIG(FM) and WHDL(AM)
Olean, New York apparently violated Section 11.35(a)1 of the
Commission's Rules (``Rules'') by failing to have operational
Emergency Alert System (``EAS'') equipment available so that the
transmitting and monitoring functions are available during times
that the station is in operation. We conclude that Arrow
Communications of N.Y. Inc. is apparently liable for a forfeiture
in the amount of eight thousand dollars ($8,000).
2. On July 10, 2002, an agent from the Commission's
Buffalo Office conducted an inspection of the EAS system at radio
stations WPIG(FM) and WHDL(AM) in Olean, New York. The station
studios were co-located and were using the same EAS system. When
the agent placed the EAS decoder in the monitor mode, the signal
from one of the assigned stations was very noisy. The signal
from the second assigned station was not present. The signal
from the National Weather Service could be heard. A check of the
station logs from June 2, 2002 through July 9, 2002 indicated no
EAS tests or notifications received from either of the assigned
stations. There were no entries in the station log indicating
the failure to receive the required EAS tests or notifications.
There were no entries in the station log indicating the
designated chief operator had reviewed them.
3. On July 11, 2002, the Buffalo Office issued a Notice of
Violation (``NOV'') to Arrow citing Sections 11.35(a), failure to
have an operational EAS system, and 73.1870(c)(3)2, failure to
have the designated chief operator review the logs. On July 23,
2002, Arrow submitted a written reply stating that an audio
ground wire inside the EAS equipment had come loose, and that
they had corrected the problem. Arrow also stated it has
instructed its staff to log tests whenever they are received and
reminded the chief operator to review the station logs
4. Section 11.35(a) of the rules requires broadcast
stations to install EAS Decoders and Attention Signal generating
and receiving equipment used as part of the EAS so that the
monitoring and transmitting functions are available during the
times the station and system are in operation. At the time of
inspection, the EAS monitor was not able to receive either of the
assigned stations. The station logs indicated that no EAS tests
or notifications were received from these stations from at least
June 2, 2002 through July 9, 2002. Section 11.35(a) of the rules
also requires broadcast stations determine the cause of any
failure to receive required tests or notifications. There were
no entries in the station log indicating the cause of failure to
receive the required tests or notifications.
5. Based on the evidence before us, we find that on July
10, 2002, Arrow Communications of N.Y. Inc. willfully3 violated
Section 11.35(a) of the Rules by failing to have operational EAS
equipment, and failure to determine the cause of failure to
receive required EAS tests or notifications. The Commission's
Forfeiture Policy Statement and Amendment of Section 1.80 of the
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087,
17113 (1997), recon. denied, 15 FCC Rcd 303(1999) (``Forfeiture
Policy Statement'')4, sets the base forfeiture amount for failure
to have operational EAS equipment installed at $8000. In
assessing the monetary forfeiture amount, we must take into
account the statutory factors set forth in Section 503(b)(2)(D)
of the Communications Act of 1934, as amended, (``Act''),5 which
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. The record reveals
that Arrow Communications of N.Y. Inc. does have an overall
history of compliance. Applying the Forfeiture Policy Statement
and the statutory factors to the instant case and applying the
inflation adjustments, we believe that a eight thousand dollar
($8,000) monetary forfeiture is warranted
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the
Rules,7 Arrow Communications of N.Y. Inc. is hereby NOTIFIED of
its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight
thousand dollars ($8,000) for violating Section 11.35(a) of the
7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NOTICE
OF APPARENT LIABILITY, Arrow Communications of N.Y. Inc.. SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
8. Payment of the forfeiture may be made 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. 200332280002, and FRN 0006-1324-19.
9. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street, SW, Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division, and MUST INCLUDE THE
NAL/Acct. No. 200332280002.
10. 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
11. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Federal Communications Commission, Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
12. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Technical and Public Safety
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (OCBO) set forth
in Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions
regarding any of the information contained in Attachment A,
please contact OCBO at (202) 418-0990.
13. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Arrow Communications of N.Y. Inc., 1685 Four Mile
Drive, Williamsport, Pennsylvania 17701.
FEDERAL COMMUNICATIONS COMMISSION
David A. Viglione
1 47 C.F.R. § 11.35(a).
2 47 C.F.R. § 73.1870(c)(3).
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to Section 503(b) of the Act, provides that ``[t]he term
``willful'', when used with reference to commission or omission
of any act, means that conscious and deliberate commission or
omission of such act, irrespective of any intent to violate any
provision of this Act...'' See Southern California Broadcasting
Co., 6 FCC Red 4387 (1991)
447 C.F.R. § 1.80.
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, and 0.311.
8 See 47 C.F.R. § 1.1914.