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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
West Helena Broadcasters, Inc. ) File Number: EB-07-OR-096
Licensee of KCLT-FM ) NAL/Acct. No. 200832620002
West Helena, Arkansas ) FRN: 0010279719
Facility ID # 71608 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 14, 2007
By the District Director, New Orleans Office, South Central Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that West Helena Broadcasters, Inc. ("Broadcasters, Inc."), licensee
of station KCLT-FM, in West Helena, Arkansas, apparently willfully and
repeatedly violated Sections 11.35 and 73.3526 of the Commission's
Rules ("Rules") by failing to have an operational Emergency Alert
System ("EAS") and failing to maintain and make available a complete
public inspection file. We conclude, pursuant to Section 503(b) of the
Act, that Broadcasters, Inc. is apparently liable for a forfeiture in
the amount of eighteen thousand dollars ($18,000).
2. On August 22, 2007, in response to a complaint, an agent from the
Commission's New Orleans Office of the Enforcement Bureau ("New
Orleans Office") inspected station KCLT-FM's main studio in West
Helena, Arkansas accompanied by the station's general manager. During
the inspection, the EAS unit was set in manual mode, and the DJ who
was responsible for running EAS tests was not present. The general
manager was unable to run an EAS test to verify the EAS equipment was
operational. All logs and printouts for the EAS, provided by the
general manager the day of the inspection, were over a year old. The
general manager could provide no evidence that the EAS had been
operational after June 2006. In response to a request made during
normal business hours, the general manager was only able to produce an
old contour map and the most recent ownership report.
3. On August 23, 2007, an agent from the New Orleans Office monitored
station KCLT-FM from 8:20 - 9:00 A.M. C.D.T. During this time, the
agent did not hear an EAS test broadcast by the station. After
arriving at the main studio at 9:00 A.M. C.D.T., the general manager
stated that the station conducted an EAS test at 8:30 A.M. C.D.T. and
was unable to run another test because he hit a button preventing
activation of the EAS. At 9:10 A.M., the general manager provided the
printout for the test run earlier that morning. The time on the
printout was listed as 9:30 A.M., but the general manager stated the
time was an hour off. The agent also asked to inspect the station's
public inspection file. The general manager was able to produce a copy
of the current station authorization, the old contour map and the
ownership report, but he had been unable to locate any other documents
from the station's public inspection file.
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 of the Rules requires all broadcast stations to ensure
that EAS encoders, EAS decoders and Attention Signal generating and
receiving equipment is installed and operational so that the
monitoring and transmitting functions are available during the times
the station is in operation. Broadcast stations must also determine
the cause of any failure to receive required monthly and weekly EAS
tests, and must indicate in the station's log why any required tests
were not received and when defective equipment is removed and restored
to service. On August 22, 2007, station KCLT-FM was unable to run an
EAS test. The most recent EAS printout for the station was dated June
2006, and the station had no evidence that its EAS was operational
after June 2006. On August 23, 2007, station KCLT-FM transmitted an
EAS test but the test was not broadcast over the air.
6. 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) of the Rules specifies the material
to be retained in the public inspection file. On August 22 and 23,
2007, in response to requests made during regular business hours,
station KCLT-FM's general manager was unable to locate or make
available a complete public inspection file. He was only able to
locate an old contour map, an ownership report, and the current
7. Based on the evidence before us, we find that Broadcasters, Inc.
apparently willfully and repeatedly violated Sections 11.35 and
73.3526 of the Rules by failing to have operational EAS and failing to
maintain or make available a complete public inspection file.
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 failing to have an operational Emergency
Alert System is $8,000, and the base forfeiture amount for failing to
make available a complete public inspection file is $10,000. 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 Broadcasters, Inc. is apparently liable
for a ($18,000) forfeiture.
IV. ORDERING CLAUSES
9. 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, West Helena Broadcasters,
Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
in the amount of eighteen thousand dollars ($18,000) for violations
of Sections 11.35 and 73.3526 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, West Helena Broadcasters,
Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
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, New Orleans
Office, 2424 Edenborn Avenue, Suite 460, Metairie, Louisiana, 70001
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. 20554.8
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 West Helena Broadcasters, Inc. at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
New Orleans Office
South Central Region
47 C.F.R. S: 11.35, 73.3526 and 74.6.
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) and (b).
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).
47 C.F.R. S:1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 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
Federal Communications Commission