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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
First Media Radio, LLC ) File Number EB-03-NF-055
Licensee of WWDR & WDLZ )
Murfreesboro, North Carolina ) NAL/Acct. No. 200432640002
)
) FRN: 3726957
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 15, 2004
By the Enforcement Bureau, Norfolk Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find First Media Radio, LLC
(``First Media''), licensee of AM radio station WWDR, and FM
radio station WDLZ, Murfreesboro, North Carolina, apparently
liable for a forfeiture in the amount of six thousand
dollars ($6,000) for willful and repeated violation of
Sections 73.1560(a)(1) and 73.3526(c)(1) of the Commission's
Rules (``Rules'').1 Specifically, we find First Media
apparently liable for operating AM radio station WWDR in
excess of authorized power and for failing to make available
for inspection the complete public inspection file.
II. BACKGROUND
2. First Media Radio, LLC is the licensee of WWDR
and WDLZ. WWDR and WDLZ are authorized to broadcast in
Murfreesboro, North Carolina. WWDR is authorized to
broadcast on a frequency of 1080 kHz with a power of 930
watts. WDLZ is authorized to broadcast on a frequency of
98.3 MHz with a power of 2200 watts.
3. On July 30, 2003, the FCC Enforcement Bureau's
Norfolk Office (``Norfolk Office'') received information
alleging numerous FCC rule violations at WWDR, WDLC and
other broadcast stations licensed to First Media.
4. On August 8, 11, 25, and September 11, 2003, an
agent of the Norfolk Office made field strength
measurements of WWDR's signal. Each field strength
measurement was made at the same location and each
measurement indicated the same level of signal strength.
5. Immediately after making the field strength
measurement on September 11, 2003, the agent conducted an
inspection of the co-located main studio and transmitter
site of WWDR and WDLZ. During the inspection, the FCC agent
and the licensee's technical representative read the antenna
base current meter and confirmed that WWDR was operating
with an antenna base current of 6.8 amps. This current
reading indicated that WWDR was transmitting with an
operating power of 1063 watts (114% of authorized). An
inspection of the public inspection file revealed that
required material was missing including the quarterly issues
and programs lists, contour map for WWDR and the Public and
Broadcasting manual. First Media personnel present during
the inspection stated that the missing documents may be in
their Rocky Mount, North Carolina office.
III. DISCUSSION
6. Section 73.1560(a)(1) of the Rules requires an AM
broadcast station antenna input power to be maintained as
near as practicable to the authorized antenna input power
and may not be more than 105% of authorized power. On
September 11, 2003, WWDR operated with an antenna input
power of 1063 watts (114% of authorized) instead of 930
watts as authorized. A field strength measurement made on
September 11, 2003, of the station operating with 1063 watts
was consistent with field strength measurements made on
August 8, 11 and 25, 2003. Therefore, WWDR also operated
with excessive power of 1063 watts on August 8, 11 and 25,
2003.
7. Section 73.3526(a)(2) of the Rules2 requires that
every permittee or licensee of an AM, FM, or TV station in
the commercial broadcast services shall maintain a public
inspection file containing the material, relating to that
station, described in paragraphs (e)(1) through (e)(10) and
paragraph (e)(13) of this section. Additionally, every
permittee or licensee of an AM, or FM station shall maintain
for public inspection a file containing the material,
relating to that station, described in paragraphs (e)(12)
and (e)(14) of this section. Section 73.3526(b) of the
Rules3 requires the public inspection file be maintained at
the station's main studio. Section 73.3526(c)(1) of the
Rules requires the file be available for public inspection
at any time during regular business hours. On September 11,
2003, First Media failed to make available the complete
public inspection file for co-located stations WWDR/WDLZ.
8. Based on the evidence before us, we find First
Media Radio, LLC willfully4 and repeatedly5 violated
Sections 73.1560(a)(1) and 73.3526(c)(1) of the Rules for
operating in excess of authorized power at WWDR, and for
failing to make available the complete public inspection
file at WWDR and WDLZ.
9. Pursuant to Section 1.80(b)(4) of the Rules,6 the
base forfeiture amount for operating in excess of authorized
power is $4000 and the amount for violation of the public
inspection file rules is $10,000. 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
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.7 Because the station maintained a portion of the
required items in the public inspection file, a downward
adjustment of the base forfeiture for that violation from
$10,000 to $2,000 is warranted. Considering the entire
record and applying the factors listed above, this case
warrants a $6,000 forfeiture.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,8 and Sections 0.111, 0.311 and
1.80 of the Rules,9 First Media is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of six
thousand dollars ($6,000) for willful and repeated
violation of Sections 73.1560(a)(1) and 73.3526(c)(1) of the
Rules by operating in excess of authorized power at WWDR and
by failing to make available for inspection a complete
public inspection file at WWDR and WDLZ.
11. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, First Media SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
forfeiture.
12. 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. 20554.10
13. 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-
Spectrum Enforcement Division and MUST INCLUDE THE NAL/Acct.
No. referenced above.
14. 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.
15. 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 Spectrum
Enforcement 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.
16. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to First Media Radio, LLC, 306 Port Street
Easton, MA 21601. An additional copy shall be sent by
regular mail and Certified Mail Return Receipt Requested to
First Media Radio, LLC, (WWDR/WDLZ) P.O. Box 38, 1714 Main
Street, Murfreesboro, North Carolina 27855.
FEDERAL COMMUNICATIONS COMMISSION
Luther Bolden
Resident Agent, Norfolk Office,
Enforcement Bureau
Attachment First Media Radio, LLC
306 Port Street
Easton, MA 21601
First Media Radio, LLC
WWDR/WDLZ
P.O. Box 38
1714 Main Street
Murfreesboro, NC
_________________________
1 47 C.F.R. §§ 73.1560(a)(1) and 73.3526(c)(1).
2 47 C.F.R. § 73.3526(a)(2).
3 47 C.F.R. § 73.3526(b).
4 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).
5 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).
6 47 C.F.R. § 1.80(b)(4).
7 47 U.S.C. § 503(b)(2)(D).
8 47 U.S.C. § 503(b).
9 47 C.F.R. §§ 0.111, 0.311 and 1.80.
10 See 47 C.F.R. § 1.1914