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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-OR-360
)
Pittman Broadcasting Services, ) NAL/Acct. No.200332620006
LLC )
Licensee of Broadcast Stations ) FRN 0006-1569-21
KAOK(AM), Lake Charles, )
Louisiana, and KAOK-FM,1
DeRidder, Louisiana
Covington, Louisiana
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 14, 2003
By the Enforcement Bureau, New Orleans Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Pittman Broadcasting Services, LLC
(``Pittman Broadcasting''), licensee of radio stations
KAOK(AM), Lake Charles, Louisiana, and KAOK-FM, DeRidder,
Louisiana apparently liable for a forfeiture in the amount
of fifteen thousand dollars ($15,000) for willful violation
of Sections 11.35(a) and 73.49 of the Commission's Rules
(``Rules'').2 Specifically, we find Pittman Broadcasting
apparently liable for failing to maintain operational
Emergency Alert System (``EAS'') equipment and failing to
provide an effective locked fence enclosing the AM station's
antenna tower.
II. BACKGROUND
2. On December 3, 2002, an agent from the FCC
Enforcement Bureau's New Orleans Office inspected the co-
located studio of co-owned broadcast stations KAOK(AM) and
KAOK-FM in Lake Charles, Louisiana. The stations' EAS
equipment was not functioning because the encoder/decoder
unit was not connected to any receivers in order to monitor
an incoming alert signal. Station personnel were unable to
produce any station logs noting EAS tests sent or received,
or any notation that the unit had been removed from service
for repair. The stations' general manager stated that the
stations had neither received nor conducted EAS tests for
the past two months since the studio was placed in
operation. In addition, an inspection of the AM station's
antenna tower, which has radio frequency potential at the
base, revealed that it was not enclosed within an effective
locked fence or other enclosure. No fence was installed
near the tower. The property did have a perimeter fence on
three sides, however, the entrance from the main road had no
fence or other enclosure to prevent access to the antenna
tower.
III. DISCUSSION
3. Section 11.35(a) of the Rules states that broadcast
stations and cable systems and wireless cable 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 that
the stations or systems are in operation. On December 3,
2002, the EAS system used for KAOK(AM) and KAOK-FM was not
properly functioning because receivers were not connected to
the EAS Decoder to provide monitoring capability.
4. Section 73.49 of the Rules states that antenna
towers having radio frequency potential at the base must be
enclosed within effective locked fences or other enclosures.
On December 3, 2002, the antenna tower for station KAOK(AM)
was not enclosed within an effective fence or other
enclosure.
5. Based on the evidence before us, we find Pittman
Broadcasting willfully3 violated Sections 11.35(a) and 73.49
of the Rules by failing to maintain operational EAS
equipment and failing to provide an effective locked fence
enclosing the station's antenna tower.
6. Pursuant to Section 1.80(b)(4) of the Rules,4 the
base forfeiture amount for EAS equipment not installed or
operational is $8,000, and the base forfeiture amount for AM
tower fencing violations is $7,000. 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 $15,000 forfeiture.
IV. ORDERING CLAUSES
7. 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 Pittman Broadcasting Services, LLC is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
in the amount of fifteen thousand dollars ($15,000) for
willful violation of Sections 11.35(a) and 73.49 of the
Rules by failing to maintain operational Emergency Alert
System (``EAS'') equipment and failing to provide an
effective locked fence enclosing the station's antenna
tower.
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Pittman Broadcasting Services, LLC 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. 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
10. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street S.W., Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE
NAL/Acct. No. referenced above.
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 (``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.
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 &
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 NAL shall
be sent by regular mail and Certified Mail Return Receipt
Requested to Pittman Broadcasting Services, LLC, 307 South
Jefferson, Covington, Louisiana 70433.
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
District Director, New Orleans
Office
Enforcement Bureau
Attachment
_________________________
1 The call sign for KAOK-FM was changed to KQLK effective
February 3, 2003.
2 47 C.F.R. §§ 11.35(a) and 73.49.
3 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).
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.