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 )
Taylor Communications, Inc. )
Licensee WOXD-FM ) File Number: EB-08-OR-0212
Oxford, Mississippi ) NAL/Acct. No. 200932620003
Facility ID: 1299 ) FRN: 0005002852
Owner of Antenna Structure Number )
1038246
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 21, 2008
By the District Director, New Orleans Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Taylor Communications, Inc. ("Taylor"), licensee of station
WOXD-FM, in Oxford, Mississippi and owner of antenna structure number
1038246 apparently willfully and apparently repeatedly violated
Sections 17.48(a) and 73.3526 of the Commission's Rules ("Rules") by
not informing the Federal Aviation Administration ("FAA") of a
malfunction of the antenna structure lighting and failing to maintain
and make available a public inspection file. We conclude, pursuant to
Section 503(b) of the Communications Act of 1934, as amended ("Act"),
that Taylor is apparently liable for a forfeiture in the amount of
thirteen thousand dollars ($13,000).
II. BACKGROUND
2. On September 25, 2008, in response to a complaint alleging violations
concerning antenna structure number 1038246, agents from the
Commission's New Orleans Office of the Enforcement Bureau ("New
Orleans Office") conducted an inspection of Taylor's antenna structure
located at coordinates N34DEG 18' 10" x W089DEG 31' 25". The antenna
structure is 328 feet in height above ground level and is used to
broadcast the programming for station WOXD-FM. Agents from the New
Orleans Office observed the antenna structure 90 minutes after sunset
and found that none of the red obstruction lights were working.
3. On September 26, 2008, agents from the New Orleans Office, accompanied
by station WOXD-FM's chief engineer and station president, inspected
radio station WOXD-FM during normal business hours. The agents
requested to inspect the station's public inspection file, but the
station was unable to locate or otherwise make available a public
inspection file. The station's president stated the public inspection
file had not been available for some time, because it had been stolen
by a former employee. The station's chief engineer stated that he was
aware that the lights on antenna structure number 1038246 had been out
and stated that they had been that way since the antenna structure was
struck by lightning, approximately six weeks before the inspection.
The station president stated that he had already paid the chief
engineer to repair the lights. On September 26, 2008, the station's
chief engineer stated that Taylor had not reported the outage to the
FAA during the past six weeks to have them issue a Notice to Airmen
("NOTAM"), because he thought a NOTAM was not required because a
nearby taller antenna structure was lit. The agents from the New
Orleans Office requested that he notify the FAA immediately.
III. DISCUSSION
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) 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.
5. Section 17.48(a) of the Rules states that "[t]he owner of any antenna
structure which is registered...[s]hall report immediately by
telephone or telegraph to the nearest Flight Service Station or office
of the Federal Aviation Administration any observed or otherwise known
extinguishment or improper functioning of any top steady burning light
or any flashing obstruction light, regardless of its position on the
antenna structure, not corrected within 30 minutes." Antenna structure
number 1038246 is registered with the Commission and is required to
have obstruction marking and lighting in accordance with FCC
Paragraphs 1, 3, 12, and 21. Specifically, the structure is required
to display red obstruction lights. On September 26, 2008, agents from
the New Orleans Office observed that the red obstruction lights on
antenna structure number 1038246 were not lit after sunset local time.
On September 26, 2008, Taylor admitted that it was aware of the
lighting outage and stated that the red obstruction lighting had not
been exhibited for approximately 6 weeks prior to September 26, 2008.
Taylor admitted that it did not notify the FAA about the outage prior
to the inspection on September 26, 2008, because it claims it thought
no NOTAM was required because antenna structure number 1038246 is near
another taller antenna structure that was lit. However, there are no
exceptions to the notification requirement in Section 17.48(a) of the
Rules.
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. During an inspection, agents from the New Orleans
Office requested to inspect station WOXD-FM's public inspection file
during regular business hours. The station was unable to locate or
make available any of the contents of the station's public inspection
file. The station president was aware that the public inspection file
was missing and stated that it had been stolen by a former employee.
The station president admitted that the public inspection file had
been missing for more than one day.
7. Based on the evidence before us, we find that Taylor apparently
willfully and repeatedly violated Sections 17.48(a) and 73.3526 of
the Rules by not reporting immediately a malfunctioning light, which
could not be corrected within 30 minutes, to the FAA and failing to
maintain a public inspection file and apparently willfully violated
Section 73.3526 of the Rules by failing to make available a 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 file required information is
$3,000 and the base forfeiture amount for violating public file rules
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 Taylor
is apparently liable for a $13,000 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, Taylor Communications, Inc.
is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of thirteen thousand dollars ($13,000) for violations of
Sections 17.48(a) 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, Taylor 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.
11. 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. If you have questions, please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov.
12. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, New Orleans
Office, 2424 Edenborn Ave., 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. 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 Taylor Communications, Inc. at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Leroy Hall
District Director,
New Orleans Office
South Central Region
Enforcement Bureau
47 C.F.R. S:S: 17.48(a), 73.3526.
47 U.S.C. S: 503(b).
Local sunset time was 7:15 PM-CDT.
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: 17.48(a).
47 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S: 73.3526(c)(1).
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, 17.48(a),
73.3526.
See 47 C.F.R. S: 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission
4
Federal Communications Commission