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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Wilson Broadcasting, Inc. ) File Number: EB-07-AT-013
Licensee of WAGF (AM) ) NAL/Acct. No.: 200732480004
Dothan, Alabama ) FRN: 0004333019
Facility ID # 30278 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 13, 2007
By the District Director, Atlanta Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Wilson Broadcasting, Inc. ("Wilson"), licensee of station WAGF
(AM), in Dothan, Alabama, apparently willfully and repeatedly
violated Section 73.3526 of the Commission's Rules ("Rules") by
failing to maintain a complete inspection file. We conclude, pursuant
to Section 503(b) of the Communications Act of 1934, as amended
("Act"), that Wilson is apparently liable for a forfeiture in the
amount of four thousand dollars ($4,000).
II. BACKGROUND
2. On January 23, 2007, an agent from the Commission's Atlanta Office of
the Enforcement Bureau ("Atlanta Office") requested to inspect station
WAGF (AM)'s public inspection file during normal business hours. The
station's owner produced the station's public file but was unable to
make available any Issues/Programs lists after March 2003. The
station's owner admitted that he had not compiled the lists since
March 2003, and no material for any of the lists was readily
available.
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 73.3526(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 22,
2007, in response to a request during normal business hours to inspect
the public file, station WAGF (AM) failed to make available any copies
of the station's radio Issues /Programs lists after March 2003. The
station owner admitted that he failed to maintain any Issues/Programs
lists after March 2003.
5. Based on the evidence before us, we find that Wilson apparently
willfully and repeatedly violated Section 73.3526 of the Rules by failing
to maintain a complete public inspection file.
6. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base
forfeiture amount for violation of public inspection file rules is
$10,000. Because WAGF (AM)'s public inspection file contained a portion of
the required items a downward adjustment of the base amount 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 Wilson is apparently liable for a $4,000 forfeiture.
IV. ORDERING CLAUSES
7. 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, Wilson Broadcasting, Inc. 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.
8. 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, Wilson Broadcasting, Inc., 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 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.
10. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Atlanta Office,
3575 Koger Blvd., Suite 320, Duluth, Georgia 30096 and must include the
NAL/Acct. No. referenced in the caption.
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. 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
13. 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 Wilson Broadcasting, Inc. at its address
of record.
FEDERAL COMMUNICATIONS COMMISSION
Douglas G. Miller
District Director,
Atlanta Office
South Central Region
Enforcement Bureau
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 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, 73.3526.
^8See 47 C.F.R. S 1.1914.
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Federal Communications Commission
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Federal Communications Commission