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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Friendship Communications, Inc. ) File Number EB-08-KC-004
Licensee of KWOF-FM ) NAL/Acct. No. 200832560001
Hiawatha, Iowa ) FRN 0007978752
Facility ID # 85165 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 19, 2008
By the District Director, Kansas City Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Friendship Communications, Inc. ("Friendship"), licensee of
non-commercial station KWOF-FM, in Hiawatha, Iowa, apparently
willfully and repeatedly violated Section 73.3527 of the Commission's
Rules ("Rules") by failing to maintain and make available a complete
public inspection file. We conclude, pursuant to Section 503(b) of
the Communications Act of 1934, as amended ("Act"), that Friendship is
apparently liable for a forfeiture in the amount of four thousand
dollars ($4,000).
II. BACKGROUND
2. On March 12, 2008, in response to a complaint, an agent from the
Commission's Kansas City Office of the Enforcement Bureau ("Kansas
City Office") requested to inspect station KWOF-FM's public inspection
file at its main studio during normal business hours. Station KWOF-FM
was unable to locate or make available any Issues-Programs lists.
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 73.3527(a)(2) of the Rules requires every licensee in the
non-commercial educational broadcast services to maintain for public
inspection, a file containing materials listed in that section. The
Rules require that the public inspection file be available during
regular business hours at the main studio of the station. Section
73.3527(e)(8) 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 March 12, 2008, in response to
a request made during regular business hours at the station's main
studio, station KWOF-FM was unable to make available any
Issues/Programs lists. There was also no evidence at the main studio
that the Issues/Programs lists had ever been maintained. Based on the
evidence before us, we find that Friendship apparently willfully and
repeatedly violated Section 73.3527 of the Rules by failing to
maintain a complete public inspection file and apparently willfully
violated Section 73.3527 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 public inspection file rules
is $10,000. Because the public inspection file for station KWOF-FM
contained a portion of the required items a downward adjustment of the
base amount 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 Friendship 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, Friendship Communications,
Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
the amount of four thousand dollars ($4,000) for violations of
Section 73.3527 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, Friendship
Communications, 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 credit card through the
Commission's Revenue and Receivables Operations Group at (202)
418-1995, or by check or similar instrument, payable to the order of
the Federal Communications Commission. The payment must include the
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 Federal Reserve Bank
of New York, and account number 27000001. 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. 20554.8 If you have questions, please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov.
9. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Kansas City
Office, 520 NE Colbern Road, Second Floor, Lee's Summit, MO.
64086-4711 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 Friendship Communications, Inc. at
its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director
Kansas City Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 73.3527.
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: 73.3527(a)(2).
See 47 C.F.R. S:S: 73.3527(b) and (c)(1).
47 C.F.R. S: 73.3527(e)(8).
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, 47 C.F.R.
S: 73.3527.
8 See 47 C.F.R. S: 1.1914.
Federal Communications Commission
3
Federal Communications Commission