Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                               
                                                                  
                                  )                               
                                                                  
                                  )                               
     In the Matter of                                             
                                  )                               
     Phillips Broadcasting, LLC                                   
                                  )                               
     Licensee of station WAOC         File Number EB-07-TP-191    
                                  )                               
     St. Augustine, FL 32084          File Number EB-07-TP-209    
                                  )                               
     Facility ID Number: 2706         NAL/Acct. No. 200832700015  
                                  )                               
     Licensee of station WFOY         FRN: 001-52288-93           
                                  )                               
     St. Augustine, FL 32084                                      
                                  )                               
     Facility ID Number: 60271                                    
                                  )                               
                                                                  
                                  )                               
                                                                  
                                  )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: April 10, 2008

   By the District Director, Tampa Office, South Central Region, Enforcement
   Bureau:

   I. Introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Phillips Broadcasting, LLC ("Phillips"), licensee of stations
       WAOC and WFOY, in St. Augustine, Florida, apparently willfully and
       repeatedly violated Section 73.3526 of the Commission's Rules
       ("Rules") by failing to maintain and make available complete public
       inspection files. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Phillips is
       apparently liable for a forfeiture in the amount of eight thousand
       dollars ($8,000).

   II. BACKGROUND

    2. Stations WAOC and WFOY are co-located, co-owned stations. On October
       17, 2007, agents from the Commission's Tampa Office of the Enforcement
       Bureau ("Tampa Office") requested to inspect stations WAOC and WFOY's
       public inspection files during normal business hours. Station WAOC was
       unable to locate or make available any Issues-Programs lists after the
       1st quarter (Jan-March) 2006. Station WFOY was unable to locate or
       make available any Issues-Programs lists after the 3rd quarter
       (July-Sept) 2006. There was no evidence at the main studio that
       Stations WAOC and WFOY had ever maintained Issues-Programs lists after
       March and December 2006, respectively.

   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) of the Act 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 a list of
       programs that have provided the station's most significant treatment
       of community issues during the preceding three month period
       ("Issues/Programs list") to be placed in the public inspection file.
       Copies of the lists must be maintained in the file until final action
       has been taken on the station's next renewal application. On October
       17, 2007, in response to requests made during normal business hours,
       Station WOAC and WFOY were unable to make available radio
       Issues/Programs lists after the first quarter (Jan-March) 2006 and
       third quarter (July-Sept) 2006, respectively. There was no evidence at
       the co-located main studio that either station maintained
       Issues/Programs lists after these quarters in 2006. Based on the
       evidence before us, we find that Phillips  apparently willfully
       violated Section 73.3526 of the Rules by failing to make available
       complete inspection files for Stations WOAC and WFOY and apparently
       willfully and repeatedly violated Section 73.3526 of the Rules by
       failing to maintain complete public inspection files for Stations WOAC
       and WFOY.

    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 public inspection file rules
       is $10,000. Because the public inspection files for stations WAOC and
       WFOY contained a portion of the required items a downward adjustment
       of the base amount to $4,000 for each station is warranted (total of
       $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 of the Rules,
       and the statutory factors to the instant case, we conclude that
       Phillips  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, Phillips Broadcasting, LLC, is hereby NOTIFIED of this
   APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand
   dollars ($8,000) for violations 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, Phillips Broadcasting, 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment[s] by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   Please contact the Financial Operations
       Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
       any questions regarding payment procedures.

    9. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Office,
       2203 N. Lois Avenue, Suite 1215, Tampa, Florida, 33607 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. 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 Phillips Broadcasting, LLC at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director

   Tampa Office

   South Central Region

   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).

   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, 73.3526

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission