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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WHYZ Radio, L.P. ) File Number: EB-02-AT-128
Radio Station WCSZ (AM) ) NAL/Acct.No.200232480002
11511 Dyrham Lane ) FRN: 0003-
Glen Dale, MD 30769 ) 7751-78
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 18,
2002
By the Enforcement Bureau, Atlanta Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find that WHYZ Radio, L.P. (``WHYZ'') apparently violated Section
11.35(a) of the Commission's Rules (``Rules'').1 The violation
occurred as a result of the failure of Radio Station WCSZ(AM) to
have operational Emergency Alert System (``EAS'') equipment. We
conclude that WHYZ Radio, L.P. is apparently liable for a
forfeiture in the amount of eight thousand dollars ($8,000).
II. BACKGROUND
2. On April 4, 2002, an agent from the Federal
Communications Commission's (``FCC'') Enforcement Bureau's
Atlanta Office conducted an inspection of the EAS installation of
WCSZ(AM). At the time of inspection, the EAS equipment, although
present, was not installed and connected so as to be operational.
There were no entries in a station log indicating that the EAS
equipment had ever been operational or had been taken out of
service for repair.
III. DISCUSSION
3. Section 11.35(a) of the FCC Rules states that
``[b]roadcast stations ... 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....''
4. Based on the evidence before us, we find that on April
4, 2002, WCSZ willfully2 violated Section 11.35(a)3 of the
Commission's Rules.
5. Pursuant to Section 1.80(b)(4)4 of the Rules, the base
forfeiture amount for failure to have operational EAS equipment
is $8,000. Section 503(b)(2)(D) of the Act requires us to 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.''5 Considering the
entire record and applying the statutory factors listed above,
this case warrants an $8,000 forfeiture.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended,6 and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 WHYZ
Radio, L.P. is hereby NOTIFIED of its APPARENT LIABILITY FOR A
FORFEITURE in the amount of eight thousand dollars ($8,000) for
failure to have operational EAS equipment.
7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules,8 within thirty days of the release date
of this NOTICE OF APPARENT LIABILITY, WHYZ Radio, L.P. SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
proposed forfeiture.
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. and FRN referenced in the letterhead above.
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. and FRN referenced in the letterhead above.
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
submitted.
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,
D.C. 20554.9
IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
LIABILITY shall be sent by Certified Mail Return Receipt
Requested to WHYZ Radio, L.P. at 11511 Dyrham Lane, Glen Dale,
Maryland 30769. An additional copy shall be sent by Certified
Mail Return Receipt Requested to WCSZ (AM) at 200 N. Hwy. 25
Bypass, Greenville, South Carolina 29617.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
District Director
Atlanta Office, Enforcement Bureau
_________________________
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 equally to Section 503(b) of the Act, provides that
``[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 provision of this Act...'' See Southern California
Broadcasting Co., 6 FCC Rcd 4387(1991).
3 47 C.F.R. § 11.35(a)
4 47 C.F.R. § 1.80(b)(4)
5 47 U.S.C. § 503(b)(2)(D)
6 47 U.S.C. § 503(b)
7 47 C.F.R. § § 0.111,0.311, 1.80
8 47 C.F.R. § 1.80
9 See 47 C.F.R. § 1.1914