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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Cumulus Licensing, LLC ) File Number: EB-06-TP-119
Licensee of Station WWLD ) NAL/Acct. No.:200732700003
Cairo, GA ) FRN: 0002834810
Facility ID # 38640 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 25, 2006
By the District Director, Tampa Field Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Cumulus Licensing, LLC ("Cumulus"), licensee of station WWLD,
Cairo, GA, apparently willfully violated Sections 73.1350(b)(2) and
73.3526 of the Commission's Rules ("Rules") by failing to maintain a
control system that provides personnel the capability to continuously
control the transmitter and failing to make available a complete
public inspection file. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Cumulus is
apparently liable for a forfeiture in the amount of seven thousand
dollars ($7,000).
II. BACKGROUND
2. On April 13, 2006, agents from the Commission's Tampa Office of the
Enforcement Bureau conducted an inspection of station WWLD at its main
studio in Tallahassee, Florida. The agents found that the station's
transmitter control equipment was not operational. The station
engineer stated that the equipment only allowed station personnel to
call in and take meter readings from the transmitter, which is located
at a remote site. The equipment would not allow station personnel to
turn the transmitter off from the main studio. When the agents asked
to inspect the station's public inspection file during regular
business hours, the station could not produce a complete file. The
file contained no Radio Issues/Program lists from any quarter. The
station engineer and operations manager stated that the Public Service
Announcements ("PSAs") from 2001 until the 4^th Quarter 2005 doubled
as the station's Issues/Program lists.
III. DISCUSSION
3. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed
knowingly. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
4. Section 73.1350(b)(2) of the Rules requires that transmitter control
personnel must have the capability to turn the transmitter off at all
times. If the personnel are at a remote location, the control system
must provide this capability continuously or must include an alternate
method of acquiring control that can terminate operations within 3
minutes. Station WWLD's transmitter is located at a remote site more
than 5 minutes travel time away from the remote control point. The
station engineer admitted that although the equipment was installed at
the transmitter site to control the station, it was not fully
operational. The station engineer also admitted that the equipment
only allowed station personnel to call in and take transmitter
readings. On April 13, 2006, the equipment would not allow anyone the
capability of turning off the transmitter at any time the station was
in operation.
5. Section 73.3526(a)(2) of the Rules requires broadcast stations to
maintain for public inspection, a file containing materials listed in
that section. Section 73.3526(c)(1) of the Rules states that the file
shall be available for public inspection at any time during regular
business hours. Section 73.3526(e)(12) of the Rules requires licensees
to place in the public inspection file, for each calendar quarter, a
list of programs that have provided the station's most significant
treatment of community issues during the preceding three month period.
This list is known as the radio Issues/Programs list. On April 13,
2006, in response to a request made to inspect the station's public
file during normal business hours, station WWLD was unable to produce
any copies of the station's radio Issues/Programs lists for any
quarter. Copies of PSAs do not qualify as Issues/Programs lists. There
was no evidence that the lists were ever maintained in the public
file.
6. Based on the evidence before us, we find that Cumulus apparently
willfully violated Sections 73.1350(b)(2), and 73.3526 of the Rules by
failing to maintain a control system that provides personnel the
capability to continuously control the transmitter and failing to make
available a complete public inspection file.
7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for violations of transmitter control and
metering requirements is $3,000 and the base forfeiture amount for
violation of public 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 violations, and
with respect to the violator, the degree of culpability, and history
of prior offenses, ability to pay, and other such matters as justice
may require. Because the public file was partially complete, we
conclude a reduction in the base forfeiture amount to $4,000 is
appropriate. Applying the Forfeiture Policy Statement, Section 1.80,
and the statutory factors to the instant case, we conclude that
Cumulus is apparently liable for a $7,000 forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications
Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the
Commission's Rules, Cumulus Licensing, LLC is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand
dollars ($7,000) for violations of Sections 73.1350(b)(2) and 73.3526 of
the 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 for Forfeiture, Cumulus Licensing, 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 must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Field
Office, 2203, N. Lois Ave., Suite 1215, Tampa, FL 33607 and must
include the NAL/Acct. No. referenced in the caption.
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 for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445 12th Street,
S.W., Room 1A625, Washington, D.C. 20554.
14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Cumulus Licensing, LLC. at its address
of record.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director
Tampa Office
South Central Region
Enforcement Bureau
47 C.F.R. SS 73.1350(b)(2), 73.3526.
47 U.S.C. S 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[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."
47 C.F.R. S 73.3526(a)(2).
47 C.F.R. S 73.3526(c)(1).
47 C.F.R. S 73.3526(e)(12).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S1.80.
47 U.S.C. S 503(b)(2)(D).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.1350(b)(2),
73.3526.
See 47 C.F.R. S 1.1914
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Federal Communications Commission
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Federal Communications Commission