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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Vox Communications Group LLC ) EB-07-CF-245
Licensee of station WSIG ) NAL/Acct. No.:200832340002
Mt. Jackson, Virginia ) FRN: 0012072096
Facility ID number 60105 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 12, 2007
By the District Director, Columbia Office, Northeast Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Vox Communications Group LLC ("VOX"), licensee of FM station
WSIG, in Mt. Jackson, Virginia, apparently willfully and repeatedly
violated Section 11.35(a) of the Commission's Rules ("Rules") by
failing to maintain operational Emergency Alert System ("EAS")
equipment. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that VOX is apparently
liable for a forfeiture in the amount of eight thousand dollars
($8,000).
II. BACKGROUND
2. On September 5, 2007, an agent of the FCC's Columbia Office conducted
a broadcast inspection at WSIG's main studio in Harrisonburg,
Virginia. During the inspection, the agent determined that station
WSIG had not installed EAS equipment. The logs provided to the agent
by the station's chief operator revealed that the last EAS test logged
for WSIG was in December 2004. No logs were evident which documented
the failure of, and/or removal of, previously installed EAS equipment.
The station's chief operator admitted to the agent that the station
did not have any EAS equipment and has not had EAS equipment since he
became the chief operator in January 2007.
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 11.35(a) 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. During the inspection on September 7, 2007, the agent
determined that station WSIG did not have any EAS equipment. The
station's chief operator admitted that the station has not had EAS
equipment since he became the chief operator in January 2007. Based on
the evidence before us, we find that VOX apparently willfully and
repeatedly violated Sections 11.35(a) of the Rules by failing to
maintain operational EAS equipment.
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 EAS equipment not installed or operational
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 VOX is
apparently liable for a $8,000 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, Vox Communications Group LLC
is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of eight thousand dollars ($8,000) for violations of Section
11.35(a) 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, Vox Communications 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.
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, Northeast Region, Columbia Office,
9200 Farm House Lane, Columbia, Maryland, 21046 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 Vox Communications Group LLC at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
James T. Higgins
District Director
Columbia Office
Northeast Region
Enforcement Bureau
47 C.F.R. S:S: 11.35(a)
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.
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(a).
8 See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
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Federal Communications Commission