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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Union Broadcasting, Inc. )
WKIB Radio )
File No. EB-01-KC-573
Anna, Illinois )
NAL/Acct. No. 20013256-002
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June
22, 2001
By the Enforcement Bureau, Kansas City Field Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find Union Broadcasting, Inc. (Union), licensee of FM broadcast
station WKIB, has apparently violated Section 11.35(a) of the
Commission's Rules (``Rules'') by failing to have Emergency Alert
System (EAS) equipment installed and operating.1 We conclude that
Union Broadcasting Inc. is apparently liable for forfeiture in
the amount of eight thousand dollars ($8,000).
II. BACKGROUND
2. On April 11, 2001, an agent from the Commission's
Kansas City Field Office (``Field Office'') inspected FM
broadcast station WKIB. During this inspection, the agent
determined that the EAS equipment was not installed.
3. On April 19, 2001, a Notice of Violation (NOV) was
issued to Union citing this deficiency. On May 18, 2001, Union
submitted a written reply stating that it now had EAS equipment
properly installed and functioning.
III. DISCUSSION
4. Section 11.35(a) of the Rules states in part that,
``Broadcast stations and cable systems
and wireless systems 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.''
5. Based on the evidence before us, we find that on April
11, 2001, Union willfully2 violated Section 11.35(a) of the Rules
by failing to have EAS equipment installed so that monitoring and
transmitting functions were available.
6. Pursuant to Section 1.80(b)(4) of the Rules, Guidelines
for Assessing Forfeiture, the base forfeiture amount for failure
to install and have functioning EAS equipment is $8,000.3 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 (``Act''), as amended, which
include the nature, circumstances, extent, and gravity of the
violation(s), 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.4 Applying Section
1.80(b)(4) of the Rules and statutory factors to the instant
case, we find no compelling evidence to support any adjustments
to the base forfeiture amounts. Therefore, a total forfeiture in
the amount of $8,000 is warranted.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,6 Union Broadcasting Inc., is hereby NOTIFIED
of their APPARENT LIABILITY FOR A FORFEITURE in the amount of
eight thousand dollars ($8,000) for violating Section 11.35(a) of
the Commission's Rules, 47 C.F.R. § 11.35(a).
8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules7, within thirty days of the release date of this NOTICE
OF APPARENT LIABILITY, Union Broadcasting Inc., SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
9. 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. 20013256-002.
10. The response, if any, must be mailed to Office of the
Secretary, Federal Communications Commission, 445 12th Street,
S.W., Washington, D.C. 20554, ATTN: Enforcement Bureau -
Technical and Public Safety Division, and must include the
NAL/Acct. No. 20013256-002.
11. 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; 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.
12. 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 Operation Group, 445 12th Street, S.W., Washington,
D.C. 20554.8
13. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail, Return
Receipt Requested, to Union Broadcasting Inc., WKIB, 6120 Waldo
Church Road, Metropolis, Illinois 62960.
FEDERAL COMMUNICATIONS COMMISSION
Robert McKinney
District Director
Kansas City Office
_________________________
1 47 C.F.R. § 11.35(a)
2 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 Rcd 4387 (1991).
3 47. C.F.R. § 1.80(b)(4).
4 47 U.S.C. § 503(b)(2)(D).
5 47 U.S.C § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 47 C.F.R. §1.80
8 See 47 C.F.R. § 1.1914.