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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Fannin County Broadcasting. File Number: EB-07-AT-010
Licensee of Radio Station WPPL(FM) NAL/Acct. No: 200732480007
Blue Ridge, GA FRN: 0004333241
Facility ID: 21152
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 8, 2007
By the District Director, Atlanta Field Office, South Central Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Fannin County Broadcasting("Fannin"), licensee of FM radio
station WPPL, in Blue Ridge, Georgia, apparently willfully violated
Section 73.3526 of the Commission's Rules ("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 Fannin is apparently liable for a forfeiture in
the amount of four thousand dollars ($4,000).
2. On January 17, 2007, agents of the Commission's Atlanta Office of the
Enforcement Bureau ("Atlanta Office") conducted an inspection of
station WPPL located in Blue Ridge, Georgia. The agents requested to
inspect the station's public inspection file during normal business
hours. The station manager was unable to produce any radio
Issues/Programs lists dated after March 26, 2004.
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
4. 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 January 17,
2007 in response to a request to inspect the public file during
normal business hours, the station was unable to produce any radio
Issues/Programs Lists dated after March 26, 2004. There was no
evidence that any lists after that date were maintained in the public
file. Based on the evidence before us, we find Fannin apparently
willfully violated Section 73.3526 of the Rules by failing to make
available a complete public inspection file.
5. 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 violation of the public file rules is ten
thousand dollars ($10,000). However, because station WPPL's public
file contained a portion of the required items, a downward adjustment
of the base forfeiture amount for this violation to $4,000 is
warranted. 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 Fannin is
apparently liable for a $4,000 forfeiture.
IV. ORDERING CLAUSES
6. 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, Fannin County Broadcasting
is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of four thousand dollars ($4,000) for violation of Section
73.3526 of the Rules.
7. 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, Fannin County
Broadcasting SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
8. 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.
9. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Atlanta Office,
3575 Koger Blvd., GA 30096 and must include the NAL/Acct. No.
referenced in the caption.
10. 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.
11. 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.^8
12. 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 Fannin County Broadcasting at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Douglas G. Miller
District Director, Atlanta Office
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).
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).
See 47 C.F.R. S 73.3526(e)(12).
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, 73.3526.
^8 See 47 C.F.R. S 1.1914.
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Federal Communications Commission
Federal Communications Commission