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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Jackson Radio, LLC ) File Number EB-08-OR-0235
Licensee of WJFN-AM ) NAL/Acct. No. 200932620004
Brandon, MS ) FRN 0012490520
Facility ID # 54820 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 19, 2009
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 Jackson Radio, LLC ("Jackson"), licensee of station WJFN-AM, in
Brandon, Mississippi, apparently willfully violated Section 11.35 of
the Commission's Rules ("Rules") and willfully and repeatedly violated
Section 73.49 of the Rules by failing to have an operational Emergency
Alert System (EAS) and failing to have an effective locked fence or
other enclosures around the antenna structure. We conclude, pursuant
to Section 503(b) of the Communications Act of 1934, as amended
("Act"), that Jackson is apparently liable for a forfeiture in the
amount of fifteen thousand dollars ($15,000).
II. BACKGROUND
2. On March 10 and March 11, 2009, in response to a complaint, agents
from the
Commission's New Orleans Office of the Enforcement Bureau ("New Orleans
Office") inspected WJFN-AM's antenna structure and found the gate on the
fence surrounding the antenna structure unlocked. On March 12, 2009, the
agents, accompanied by a station operator, inspected the main studio and
antenna structure of WJFN-AM. At the studio, agents found the EAS without
a power source and without any means to monitor its assigned inputs. The
station log that requires that each test and activation of the EAS be
logged was not available to the agents at the time of inspection. At the
antenna structure, agents again found the gate on the fence surrounding
the antenna structure unlocked.
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 11.35 of the Rules requires that EAS participants ensure that
EAS Encoders, EAS Decoders and Attention Signal generating and
receiving equipment used as part of the EAS are installed so that the
monitoring and transmitting functions are available during the times
the stations and systems are in operation. On March 12, 2009, agents
from the New Orleans Office inspected the main studio of WJFN-AM and
found the EAS without a power source and without any means to monitor
its assigned inputs. The station log that requires that each test and
activation of the EAS be logged was not available to the agents at the
time of inspection.
5. Section 73.49 of the Rules requires that antenna structures having
radio frequency (RF) potential at the base (series fed, folded
unipole, and insulated base antennas) must be enclosed within
effective locked fences or other enclosures. On March 10, March 11,
and March 12, 2009, agents from the New Orleans Office observed the
gate on the fence surrounding WJFN-AM's antenna structure unlocked.
The antenna had RF potential at the base.
6. Based on the evidence before us, we find that Jackson willfully
violated Section 11.35 of the Rules and willfully and repeatedly
violated Section 73.49 of the Rules by failing to have an operational
Emergency Alert System (EAS) and failing to have an effective locked
fence or other enclosures around the antenna structure.
7. 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 amounts for EAS equipment not installed or operational
and AM tower fencing are $8,000 and $7,000, respectively. 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 Jackson is apparently liable for a
$15,000 forfeiture.
IV. ORDERING CLAUSES
8. 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, Jackson Radio, LLC, is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of fifteen thousand dollars ($15,000) for violations of
Sections 11.35 and 73.49 of the Rules.
9. 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, Jackson Radio, LLC, SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
10. 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,
Jackson Radio, LLC, will send electronic notification on the date
said payment is made to SCR-Response@fcc.gov.
11. 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.
12. 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.
13. 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 Jackson Radio, LLC, at the address of
record.
FEDERAL COMMUNICATIONS COMMISSION
Walter Gernon
Acting District Director
New Orleans Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 11.35.
47 C.F.R. S: 73.49.
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:11.35.
47 C.F.R. S:73.49.
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, 73.49.
8 See 47 C.F.R. S: 1.1914.
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(continued....)
Federal Communications Commission
2
______________________________Federal Communications Commission