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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
) File Number: EB-06-TP-315
Licensee of Station
WKFL ) NAL/Acct. No.: 200732700012
Bushnell, FL ) FRN: 0009644063
Facility ID # 62365 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 4, 2007
By the District Director, Tampa Field Office, South Central Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Talknsports, Inc. ("Talknsports"), licensee of station WKFL,
Bushnell, Florida, apparently willfully and repeatedly violated
Section 73.1740(a)(4) of the Commission's Rules ("Rules") by failing
to notify the Commission and submit a written request to discontinue
operations for more than 30 days. We conclude, pursuant to Section
503(b) of the Communications Act of 1934, as amended ("Act"), that
Talknsports is apparently liable for a forfeiture in the amount of
five thousand dollars ($5,000).
2. On February 4, 2007, in response to a complaint of unauthorized
discontinuance of service, agents from the Commission's Tampa Office
of the Enforcement Bureau ("Tampa Office") monitored station WKFL's
operating frequency of 1170 kHz at approximately 2:00 PM for
approximately forty five minutes. The agents confirmed that the
station was not on the air.
3. On February 5, 2007, the agents monitored station WKFL's operating
frequency of 1170 kHz at approximately 1:15 PM for approximately 1.5
hours and once again confirmed that the station was not on the air.
Still on February 5, 2007, the agents conducted an inspection of
station WKFL at its transmitter site in Bushnell, Florida. The agents
confirmed that there was no electrical power going into the station's
4. On February 6, 2007, an agent from the Tampa Office determined that
power to the transmitter site was disconnected on September 1, 2006.
The agent determined from the Commission's Media Bureau that, as of
June 4, 2007, Talknsports had not notified the Commission of its
discontinuance of service.
5. 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.
6. Section 73.1740(a)(1) of the Rules requires commercial AM broadcast
stations to operate at least two-thirds of the total hours they are
authorized to operate between 6 AM and 6 PM. Section 73.1740(a)(4)
requires licensees that cannot comply with this minimum operating
schedule for a period of not more than 30 days, due to causes beyond
their control, to notify the Commission in Washington, DC no later
than the 10^th day of limited or discontinued operation. "If the
causes beyond the control of the licensee make it impossible to comply
within the allowed [30-day] period, informal written request shall be
made to the FCC no later than the 30^th day for such additional time
as may be deemed necessary." Radio station WKFL is an AM station
authorized to operate daytime only on the frequency of 1170 kHz. On
February 4 and 5, 2007, agents from the Tampa Office monitored station
WKFL during the daytime and determined that it was not operating. The
agents determined that station WKFL could not operate after September
1, 2006, because electricity to its transmitter was disconnected on
that date. As of June 4, 2007, Talknsports had not contacted the
Commission regarding its discontinuance of service for over a
7. Based on the evidence before us, we find that Talknsports apparently
willfully and repeatedly violated Section 73.1740(a)(4) of the Rules
by discontinuing service for over nine months without notifying the
Commission or submitting an informal written request for additional
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 unauthorized discontinuance of service is
$5,000. 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 of the Rules, and the statutory factors
to the instant case, we conclude that Talknsports is apparently
liable for a $5,000 forfeiture.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the
Commission's Rules, Talknsports, Inc. is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000)
for violation of Section 73.1740(a)(4) 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, Talknsports, Inc. SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
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, 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.
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 Talknsports, Inc.at its address of
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
South Central Region
47 C.F.R. S 73.1740(a)(4).
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."
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
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, 73.1740(a)(4).
See 47 C.F.R. S 1.1914
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Federal Communications Commission
Federal Communications Commission