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
)
Flagship Communications, Inc. File Number: EB-05-TP-363
)
Licensee of WNWF (AM) NAL/Acct. No.200732700002
)
Destin, Florida FRN 0008-8704-87
)
Facility ID No. 72803
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October17, 2006
By the District Director, Tampa District Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Flagship Communications, Inc. ("Flagship"), the licensee of AM
radio station WNWF in Destin, Florida, apparently willfully and
repeatedly violated Section 17.57 of the Commission's Rules ("Rules")
by failing to notify the Commission of a change in ownership
information for antenna structure # 1226311 and apparently willfully
violated Section 73.3526 of the Rules by 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
Flagship is apparently liable for a forfeiture in the amount of
thirteen thousand dollars ($13,000).
II. BACKGROUND
2. On November 30, 2005, agents from the Commission's Tampa Office of
the Enforcement Bureau ("Tampa Office") conducted an inspection of AM
radio station WNWF located in Destin, Florida. During regular
business hours, the agents requested to inspect the station's public
inspection file. The station's General Manager was unable to produce
copies of the station's contour maps; the ownership reports; the
political file, the Public and Broadcasting Manual; the Issues-Program
lists for any quarter; or copies of the station's local public notice
announcements.
3. On January 4, 2006, a search of the Commission's Antenna Structure
Registration ("ASR") database revealed that station WNWF's antenna
structure with ASR # 1226311 was registered to Bayou
Communications, Inc. According to Commission records, ownership of
antenna structure # 1226311 was transferred to Flagship when it
acquired station WNWF in 2003. On January 11, 2006, the General
Manager for the station confirmed that Flagship is the owner of the
antenna structure. On that date, an agent from the Tampa Office
informed the General Manager that he needed to update the ownership
information in the ASR database. As of October 10, 2006, Flagship had
not updated its antenna structure's ownership information.
III. DISCUSSION
4. 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.
5. Section 17.57 of the Rules requires the owner of any antenna structure
for which an ASR Number has been obtained to immediately notify the
Commission using FCC Form 854 upon any change in ownership
information. Flagship became the owner of antenna structure # 1226311
in 2003 when it acquired station WNWF. As of October 10, 2006,
Flagship failed to notify the Commission of the change in ownership of
its antenna structure.
6. Section 73.3526(a)(2) of the Rules requires commercial broadcast
stations to maintain for public inspection, a file containing
materials listed in that section. On November 4, 2005, in response to
a request made to inspect the station's public file during normal
business hours, station WNWF was unable to produce the most current
contour maps; ownership reports; the political file; "The Public and
Broadcasting" manual; any quarterly issues and programs lists; or any
local public notice announcements. There was also no evidence that
these items were ever in the file.
7. Based on the evidence before us, we find that Flagship apparently
willfully and repeatedly violated Section 17.57 of the Rules by
failing to update the Commission's antenna registration records and
apparently willfully violated Section 73.3526 of the Rules by failing
to make available a complete public inspection file.
8. 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 failure to file required forms or
information (e.g. failure to notify the Commission of a change in
ownership information) is $3,000, and the base forfeiture amount for
violation of 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
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. Applying the Forfeiture Policy
Statement, Section 1.80, and the statutory factors to the instant
case, we conclude that Flagship is apparently liable for a $13,000
forfeiture.
IV. ORDERING CLAUSES
9. 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, Flagship Communications,
Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
the amount of thirteen thousand dollars ($13,000) for violation of
Sections 17.57 and 73.3526 of the Rules.
10. 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, Flagship Communications,
Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
proposed forfeiture.
11. 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.
12. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Tampa District Office, 2203 North Lois
Avenue, Room 1215 Tampa, Florida 33607 and must include the NAL/Acct.
No. referenced in the caption.
13. 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.
14. 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.
15. 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 Flagship Communications, Inc. at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow District Director
Tampa Office
South Central Region
Enforcement Bureau
47 C.F.R. S 17.57.
47 C.F.R. S 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 17.57.
47 C.F.R. S 73.3526 (a)(2).
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, 17.57,
73.3526.
See 47 C.F.R. S 1.1914
(...continued from previous page)
(continued....)
Federal Communications Commission
4
Federal Communications Commission