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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
     In the Matter of                                                        
                                             )                               
     Abacus Television                                                       
                                             )   File Number EB-07-PA-386    
     Licensee of UHF Translator Station                                      
     WIIC-LP                                 )   NAL/Acct. No. 200932400001  
                                                                             
     Pittsburgh, Pennsylvania                )   FRN: 0010-72-4557           
                                                                             
     Facility ID # 68411                     )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: October 15, 2008

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Abacus Television, licensee of UHF translator station WIIC-LP in
       Pittsburgh, Pennsylvania, apparently willfully and repeatedly violated
       Section 1.903(a) of the Commission's Rules ("Rules") by failing to
       operate the station consistent with the terms of the station
       authorization. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Abacus Television
       is apparently liable for a forfeiture in the amount of four thousand
       dollars ($4,000).

   II. BACKGROUND

    2. On December 3, 2007, the Commission's Philadelphia Office received
       information that Abacus Television was operating station WIIC-LP on
       Television Channel 32 without authorization. The unauthorized
       operation allegedly resulted in harmful interference to the operation
       of wireless microphones at a National Football League game. A review
       of Commission records revealed that the license BLTTL-19981230JB
       authorized Abacus Television to operate station WIIC-LP on Channel 29
       (560 - 566 MHz) from antenna structure 1022324, which is located at
       2850 Berthoud Street, Pittsburgh, Pennsylvania. There was no evidence
       that Abacus Television was authorized to operate station WIIC-LP on
       Television Channel 32 (578 - 584 MHz.)

    3. On December 6, 2007, an agent from the Philadelphia Office conducted
       an inspection of station WIIC-LP at its licensed transmitter site and
       found that the station was operating on Television Channel 32 (578 -
       584 MHz). While at the WIIC-LP main studio, the agent discussed the
       operation of the station on the telephone with the owner of Abacus
       Television. The owner reported that Abacus Television changed the
       frequency of station WIIC-LP from Television Channel 29 to Television
       Channel 32 because a newly licensed digital television station in the
       Johnstown, Pennsylvania area began operating on Channel 29 and caused
       harmful interference to the reception of station WIIC-LP in the
       Pittsburgh, Pennsylvania area. According to an invoice provided by
       Abacus Television, Pro Services Inc. retuned the WIIC-LP transmitter
       to Television Channel 32 between April 5, 2007 and April 7, 2007.

    4. During the telephone conversation on December 6, 2007, the owner for
       Abacus Television advised the agent that he had filed a request for
       Special Temporary Authority ("STA") with the Commission about one year
       ago, but the Commission's Media Bureau was withholding processing of
       the request. On December 19, 2007, Abacus Television provided the
       Philadelphia Office with evidence that on February 26, 2007 it
       attempted to file a request for Special Temporary Authority through
       the Commission's CDBS Electronic Filing System to operate station
       WIIC-LP on Channel 32. According to the Media Bureau, Abacus
       Television's request for Special Temporary Authority was not accepted
       for filing because the filing fee was not paid.

   III. DISCUSSION

    5. 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.

    6. Section 1.903(a) of the Rules requires that stations in the Wireless
       Radio Services must be used and operated only in accordance with the
       rules applicable to their particular service and with a valid
       authorization granted by the Commission. Section 1.903(b) further
       provides that the "holding of an authorization does not create any
       rights beyond the terms, conditions, and period specified in the
       authorization." The authorization for UHF Translator station WIIC-LP
       requires that the station operate on Television Channel 29. On
       December 6, 2007, agents determined that station WIIC-LP was operating
       on Television Channel 32. Subsequent to the inspection, Abacus
       Television provided the Philadelphia Office with an invoice showing
       that station WIIC-LP has been operating on Channel 32 since April 7,
       2007. Because the operation on the unauthorized frequency occurred for
       more than one day, we find that the violation was repeated. Because
       Abacus Television admitted that it had knowingly operated the station
       on the unauthorized frequency, the violation was willful.

    7. Based on the evidence before us, we find that Abacus Television
       apparently willfully and repeatedly violated Section 1.903(a) of the
       Rules by operating UHF translator station WIIC-LP on an unauthorized
       television channel and in a manner consistent with the terms of the
       station authorization.

    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 operation on an unauthorized frequency is
       $4,000. 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 Abacus Television is apparently
       liable for a  ($4,000) 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, Abacus Television is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       four thousand dollars ($4,000) for violation of Section 17.1350(a) 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, Abacus Television SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   11. Payment of the forfeiture must be made by credit card, 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 by wire transfer may be made to ABA Number
       021030004, receiving bank Federal Reserve Bank of New York, 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.  20554.8   If you have
       questions, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made,
       Abacus Television will send electronic notification on the date said
       payment is made to NER-Response@fcc.gov.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Philadelphia Office,
       One Oxford Valley Building, Suite 404, 2300 East Lincoln Highway,
       Langhorne, Pennsylvania 19047 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. 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 Abacus Television at its address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Gene J. Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.903(a). Although many of the rules that apply to low power
   TV stations are found in Part 74 (47 C.F.R. S:S: 74.701-74.796), Section
   1.901 provides that the purpose of the Part 1 rules "is to establish the
   requirements and conditions under which entities may be licensed in the
   Wireless Radio Services as described in this part and in parts 13, 20, 22,
   24, 26, 27, 74, 80, 87, 90, 95, 97 and 101 of this chapter." 47 C.F.R. S:
   1.901.

   47 U.S.C. S: 503(b).

   We note that, although Abacus Television filed a request for waiver of the
   regulatory filing fees, such request was filed on November 2, 2007, more
   than nine months after Abacus Television reports that it filed its STA
   request.

   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."

   Part 1 of the Rules establishes the requirements and conditions under
   which entities may be licensed in the Wireless Radio Services as described
   in parts 1, 13, 20, 22 24, 26, 27, 74, 80, 87, 90, 95, 97 and 101 of this
   chapter. UHF Television Translator Stations are described in Part 74 of
   the Rules.

   With regard to Abacus Television's STA request, we note that, even if it
   had successfully been filed, a licensee is not permitted to operate under
   the conditions requested in an STA until such time that the STA is granted
   by the Commission.

   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, 73.1350(a).

   8 See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission