Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-NY-259
)
Long Island Multimedia, LLC. ) NAL/Acct. No.
200332380014
WLIE )
Deer Park, NY ) FRN: 0003-5088-84
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 28,
2003
By the District Director, New York Office, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Long Island Multimedia, LLC., licensee of
radio station, WLIE, has apparently violated Sections
11.61(a)(2)(i)(A) and 11.61(b) of the Commission's Rules (the
``Rules''),1 by failing to conduct required weekly tests of the
Emergency Alert System (``EAS'') and failing to maintain station
records of required monthly and weekly EAS test messages. We
conclude that Long Island Multimedia, LLC. is apparently liable
for a forfeiture in the amount of three thousand dollars
($3,000).
II. BACKGROUND
2. On October 30, 2002, Commission agents conducted an
inspection of radio station, WLIE's EAS, located at 2137 Deer
Park Avenue, Deer Park, NY 11729. Based upon the agents'
inspection of station records, they determined that WLIE:
(a) Failed to conduct required weekly tests of the EAS
header and EOM codes for the weeks of August 4-10, 2002,
September 8-14, 2002, September 15-21, 2002, September 22-28,
2002, and October 13-19, 2002.
(b) Failed to conduct required monthly tests of the EAS
header codes, Attention Signal, Test Script, and EOM code for
the month of August 2002.
(c) Failed to maintain EAS equipment so that it is capable
of receiving EAS test messages for the month of August 2002,
and for the weeks of August 4-10, 2002, and October 20-26,
2002.
(d) Failed to maintain station records of required monthly
EAS tests received for the month of August 2002, and state
reasons why EAS tests were not received.
(e) Failed to maintain station records of required weekly
EAS tests received for the weeks of August 4-10, 2002, and
October 20-26, 2002, and state reasons why EAS tests were not
received.
3. On November 13, 2002, the New York Office sent a Notice
of Violation for failure to conduct required monthly and weekly
EAS tests, by First Class and Certified Mail Return Receipt
Requested, to Long Island Multimedia, LLC.
4. On November 21, 2002, the New York Office received a
reply to the Notice of Violation from Barry D. Umansky, counsel
for Long Island Multimedia, LLC., stating that the required
weekly EAS tests were not conducted and no station records were
maintained due to inexperienced board operators and insufficient
training.
III. DISCUSSION
5. Section 11.61(a)(2)(i)(A) of the Commission's Rules
requires broadcast stations to conduct required weekly tests of
the EAS header and EOM codes at least once a week at random days
and times. Section 11.61(b) of the Commission's Rules requires
broadcast stations to make entries in station records of monthly
and weekly EAS tests received. WLIE's station records failed to
show that required weekly tests of the EAS header and EOM codes
were conducted for the weeks of August 4-10, 2002, September 8-
14, 2002, September 15-21, 2002, September 22-28, 2002, and
October 13-19, 2002. Entries were not made in the station
records of EAS tests received for the month of August 2002, for
the weeks of August 4-10, 2002, and October 20-26, 2002, or
reasons why required monthly and weekly EAS tests were not
received.
6. Based on the evidence before us, we find that, Long
Island Multimedia, LLC. willfully2 and repeatedly3 violated
Sections 11.61(a)(2)(i)(A) and 11.61(b) of the Rules by failing
to conduct required weekly tests of the EAS header and EOM codes
for the weeks of August 4-10, 2002, September 8-14, 2002,
September 15-21, 2002, September 22-28, 2002, and October 13-19,
2002, and log entries of reasons why required monthly and weekly
EAS tests were not received for the month of August 2002, and for
the weeks of August 4-10, 2002, and October 20-26, 2002.
7. 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 make required
measurements or conduct required monitoring at $2,000, and for
failure to maintain required records at $1,000. 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. Applying the Forfeiture Policy Statement
and the statutory factors to the instant case and applying the
inflation adjustments, we believe that a three thousand dollar
($3,000) monetary forfeiture is warranted.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules7, Long Island Multimedia, LLC. is hereby
NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the
amount of three thousand dollars ($3,000) for willful and
repeated violations of Sections 11.61(a)(2)(i)(A) and 11.61(b) of
the Commission's Rules.
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules, within thirty days of the release date of
this NOTICE OF APPARENT LIABILITY, Long Island Multimedia, LLC.
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. 200332380014 and FRN: 0003-5088-84.
11. Any response to this NAL 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. 200332380014.
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. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Revenue and Receivable Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.8
14. 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.
15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Long Island Multimedia, LLC., 2137 Deer Park Avenue,
Deer Park, NY 11729, and a copy to Thompson Hine LLP, 1920 N
Street, N.W., Washington, D.C. 20036-1600.
FEDERAL COMMUNICATIONS
COMMISSION
Daniel W. Noel
District Director
New York Office
Attachment A - FCC List of Small Entities, October 2002
_________________________
1 47 C.F.R. §§ 11.61(a)(2)(i)(A) and 11.61(b).
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 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 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.
447 C.F.R. § 1.80.
5
47 U.S.C. § 503(b)(2)(D).
647 U.S.C. § 503(b).
747 C.F.R. §§ 0.111, and 0.311.
8 See 47 C.F.R. § 1.1914.