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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
L4 Media Group, LLC ) File Number EB-07-AT-002
Licensee of WUVM-LP ) NAL/Acct. No: 200732480008
Atlanta, GA ) FRN 0014047857
Facility ID # 69785 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 25, 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 L4 Media Group, LLC ("L4 Media"), licensee of low power
television station WUVM-LP, in Atlanta, Georgia, apparently willfully
and repeatedly violated Section 11.35 of the Commission's Rules
("Rules") by failing to install an Emergency Alert System ("EAS")
decoder. We conclude, pursuant to Section 503(b) of the Communications
Act of 1934, as amended ("Act"), that L4 Media is apparently liable
for a forfeiture in the amount of eight thousand dollars ($8,000).
II. BACKGROUND
2. On January 9, 2007, in response to a complaint, agents from the
Commission's Atlanta Office of the Enforcement Bureau ("Atlanta
Office") contacted L4 Media to schedule an inspection of low power
television station WUVM-LP. On January 18, 2007, the agents conducted
an EAS inspection of the station. L4 Media, the licensee, has a
three-year lease agreement with Una Vez Mas, which provides the
programming for WUVM-LP. The agents were accompanied by an engineer
with Una Vez Mas, as well as the site manager. The agents found that
there was no EAS equipment installed at the station.
3. On February 27, 2007, the Atlanta Office issued L4 Media a Letter of
Inquiry ("LOI") requesting information regarding the station's EAS
equipment. In its response, L4 Media acknowledged that no EAS
equipment had been installed at the station since L4 Media acquired
the station on June 27, 2006. L4 Media stated, because it acquired the
station with the current programming arrangement already in place, it
incorrectly assumed that the station was in compliance with the EAS
requirements. L4 Media submitted a copy of an order confirmation dated
January 17, 2007 for a TFT EAS Decoder that was scheduled to be
shipped on March 21, 2007.
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 11.35(a) of the Rules requires Broadcast stations to be
responsible for ensuring that ... EAS Decoders ... used as part of the
EAS are installed so that the monitoring and transmitting functions
are available during the times the stations are in operation. Section
11.11(a) of the Rules states that as of January 1, 1997, low power TV
stations are required to have an EAS decoder. On January 18, 2007,
during an inspection when the station was in operation, station
WUVM-LP did not have an installed EAS decoder. L4 Media admitted that
it operated its station without an EAS decoder since June 27, 2006. L4
Media placed an order for an EAS decoder after receiving an inspection
scheduling telephone call but prior to the actual inspection. Based on
the evidence before us, we find that L4 Media apparently willfully and
repeatedly violated Section 11.35 of the Rules by failing to install
an operational EAS decoder.
6. 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 failing to maintain operational EAS
equipment is $8,000. In assessing the monetary forfeiture amount, we
must also take into account the statutory factors set forth in Section
503(b)(2)(E) 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 L4Media is
apparently liable for a $8,000 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, L4 Media Group, LLC is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of eight thousand dollars ($8,000) for violation of Section
11.35 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, L4 Media Group, LLC
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 L4 Media Group, LLC at its address of
record and to its counsel, Francisco R. Montero, Fletcher, Heald &
Hildreth, 1300 North 17^th Street, 11^th Floor, Arlington, VA 22209.
FEDERAL COMMUNICATIONS COMMISSION
Douglas G. Miller
District Director,
Atlanta Office
South Central Region
Enforcement Bureau
47 C.F.R. S 11.35.
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 11.35(a).
47 C.F.R. S 11.11(a).
We do not propose a reduction of the forfeiture based on good faith
efforts to comply with the Rules, because L4 Media only initiated
corrective action after being informed of the scheduled inspection.
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)(E).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 11.35.
^8 See 47 C.F.R. S 1.1914.
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Federal Communications Commission
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Federal Communications Commission