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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-TP-525
)
Pamal Broadcasting Ltd. ) NAL/Acct. No.200332700013
Owner of Antenna Structure )
Registration Number 1054493 in ) FRN 0005-8279-69
Cedar Key, Florida )
Latham, New York
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 8, 2003
By the Enforcement Bureau, Tampa Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Pamal Broadcasting Ltd.
(``Pamal''), owner of antenna structure #1054493 in Cedar
Key, Florida, apparently liable for a forfeiture in the
amount of three thousand dollars ($3,000) for willful and
repeated violation of 17.57 of the Commission's Rules
(``Rules'').1 Specifically, we find Pamal apparently liable
for failing to notify the Commission of a change in
ownership of its antenna structure #1054493.
II. BACKGROUND
2. On September 12, 2002, agents from the FCC
Enforcement Bureau, Tampa Field Office (``Tampa Office''),
inspected an antenna structure located at or near the
geographical coordinates 29° 11'' 46' North Latitude and
082° 59'' 45' West Longitude, Cedar Key, Florida. The
agents found no Antenna Structure Registration (``ASR'')
posted at the site. The Commission's ASR database showed
Williams Broadcasting Co., DBA WRGO Radio Station as the
registered owner of the structure at this location with
assigned ASR number 1054493.
3. On September 24, 2002, the agent researched FCC
Media Bureau records which showed that, during the year
2000, Radio Station WRGO changed ownership, and had the
license transferred, from Williams Broadcasting Co. to Pamal
Broadcasting Ltd.
4. On December 23, 2002, the Tampa Office received a
fax from Pamal's Comptroller stating that Pamal had acquired
Radio Station WRGO, including the antenna structure
#1054493, on December 15, 2000.
III. DISCUSSION
5. Section 17.57 requires the owner of any antenna
structure for which an Antenna Structure Registration Number
has been obtained to immediately notify the Commission using
FCC Form 854 upon any change in ownership information. From
December 15, 2000, until at least September 12, 2002, Pamal
failed to notify the Commission of a change in ownership of
its antenna structure #1054493.
6. Based on the evidence before us, we find Pamal
Broadcasting Ltd. willfully2 and repeatedly3 violated
Section 17.57 of the Rules by failing to immediately notify
the Commission of a change in ownership of its antenna
structure #1054493.
7. Pursuant to Section 1.80(b)(4) of the Rules,4 the
base forfeiture amount for failure to file required forms or
information (e.g. failure to notify the Commission of a
change in ownership information) is $3,000. 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
(``Act''), 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.5 Considering the entire record and applying
the factors listed above, this case warrants a $3,000
forfeiture.
IV. ORDERING CLAUSES
8. 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 Pamal Broadcasting Ltd. is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of three thousand dollars ($3,000) for willful and
repeated violation of Section 17.57 of the Rules by failing
to notify the Commission of a change in ownership on antenna
structure #1054493.
9. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Pamal Broadcasting Ltd. SHALL PAY the full amount
of the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
forfeiture.
10. 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
above. Requests for payment of the full amount of this NAL
under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.8
11. 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. referenced above.
12. 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.
13. 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 &
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.
14. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Pamal Broadcasting Ltd., 6 Johnson
Road, Latham, NY 12110.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
Tampa Office, Enforcement Bureau
Attachment
_________________________
1 47 C.F.R. § 17.57.
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed
under 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 4387-88
(1991).
3 The 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.'' 47
U.S.C. § 312(f)(2).
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 See 47 C.F.R. § 1.1914.