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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
)
Georgia Eagle Broadcasting, Inc. File Number: EB-07-AT-079
)
Licensee of Radio Station WQXZ(FM) NAL/Acct. No: 200732480012
)
Pinehurst, GA FRN: 0006260467
)
Facility ID: 60414
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 15, 2007
By the District Director, Atlanta Field Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Georgia Eagle Broadcasting, Inc. ("Georgia Eagle"), licensee of
FM radio station WQXZ, in Pinehurst, Georgia, apparently willfully
and repeatedly violated Section 73.3526 of the Commission's Rules
("Rules") by failing to maintain a complete public inspection file
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 Georgia Eagle is apparently liable for
a forfeiture in the amount of four thousand dollars ($4,000).
II. BACKGROUND
2. On May 9, 2007, an agent of the Commission's Atlanta Office of the
Enforcement Bureau ("Atlanta Office") conducted an inspection of
station WQXZ's main studio, which was located in Hawkinsville,
Georgia. The agent 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. The station manager also admitted that the station failed
to maintain issues/programs lists after that date.
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 May 9, 2007,
in response to a request to inspect the public inspection file during
normal business hours, station WQXZ was unable to make available any
radio Issues/Programs Lists dated after April 16, 2004. The station
manager admitted that the station had not maintained issues/programs
lists after that date. Based on the evidence before us, we find that
Georgia Eagle apparently willfully and repeatedly violated Section
73.3526 of the Rules by failing to maintain a complete public
inspection file and apparently willfully violation 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 WQXZ's public
inspection 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)(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
Georgia Eagle 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, Georgia Eagle 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.
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, Georgia Eagle
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.
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 Georgia Eagle Broadcasting, Inc. at
its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Douglas G. Miller
District Director, Atlanta Office
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).
See 47 C.F.R. S 73.3526(e)(12).
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, 73.3526.
^8 See 47 C.F.R. S 1.1914.
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Federal Communications Commission
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Federal Communications Commission