Click here for Adobe Acrobat version
Click here for Microsoft Word version
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.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Caron Broadcasting, Inc. ) File Number EB-09-MA-0007
Licensee of AM Radio Station WKAT ) NAL/Acct. No. 201032600001
North Miami, FL ) FRN: 0003760352
Facility ID Number: 27713 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 8, 2010
By the Resident Agent, Miami Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Caron Broadcasting, Inc. ("Caron"), licensee of station WKAT, in
North Miami, Florida, apparently willfully and repeatedly violated
Sections 73.1745(a) and 73.3526 of the Commission's Rules ("Rules") by
operating at times with power other than those specified in its
license and 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 Caron is
apparently liable for a forfeiture in the amount of eight thousand
dollars ($8,000). We also admonish Caron for the failure of the
station's chief operator to review, sign and date the station logs on
a weekly basis as required under Section 73.1870(c)(3) of the Rules.
2. On January 13, 2009, the Commission's Miami Office of the Enforcement
Bureau ("Miami Office") received a complaint that station WKAT was not
reducing power at night as required. WKAT is authorized to operate on
1360 kHz under AM Broadcast Station License, File No. BL-19871123AK,
facility ID 27713. WKAT's license authorizes a transmitter operating
power of 5,000 watts for daytime, and 542 watts at night. During the
month of January, at this location, daytime operating power is
authorized only between the hours of 7:15 a.m. (average monthly local
sunrise) and 5:45 p.m. (average monthly local sunset).
3. On January, 26, 2009, an agent from the Miami Office monitored WKAT's
transmissions from approximately 5:00 p.m. until 7:00 p.m. The agent
made several field strength measurements of the station's signal and
observed no reduction in the transmissions' field strength after
4. On January, 27, 2009, an agent from the Miami Office monitored WKAT's
transmissions from approximately 5:25 p.m. until 6:45 p.m. The agent
made several field strength measurements of WKAT's signal and observed
no reduction in the transmissions' field strength after sunset. At
6:43 p.m., the agent made a field strength measurement of the
station's signal one block from the WKAT studio.
5. On February 5, 2009, at 11:01 a.m., an agent from the Miami Office
made a field strength measurement of the station's signal one block
from WKAT's main studio, which measured approximately the same level
as the nighttime measurement that was made there on January 27, again
indicating that WKAT was not reducing its power at night. The agent
immediately conducted an inspection of WKAT's main studio with the
station's general manager and designated chief operator. The chief
operator stated that the station uses a remote phone monitoring
system, which allows the caller to change from day mode (mode "2") to
night mode (mode "1"). At 11:55 a.m., the chief operator called the
transmitter using the remote monitoring system, which indicated that
the daytime mode transmitter power was 4,758 watts. At the request of
the agent, the chief operator switched the transmitter to nighttime
mode, and the system indicated that the power was 316 watts. At 1:45
p.m., with the WKAT transmitter in nighttime mode, the agent made a
field strength measurement near the WKAT studio which was much lower
than the daytime mode measurement made earlier that day. This
measurement confirmed that the station's transmitter and transmitter
remote control system were functioning properly.
6. Still on February 5, 2009, the agent inspected WKAT's available daily
transmitter logs, which showed that from December 4, 2008 until
February 4, 2009, WKAT was not reducing power at night as required by
its license. All the log entries made during the daytime and nighttime
were in the range of approximately 4,600 to 4,900 watts, and indicated
that the transmitter was in mode "2," the day mode, at all times. The
log entries for the early morning hours of February 5, 2009 indicated
that WKAT was operating at nighttime power at that time. Neither the
station manager nor the chief operator could explain why the power was
not being reduced, or why or how the situation was corrected early
that morning. The agent also found that none of the station logs were
signed by the chief operator or by anyone else. There was apparently
no verification of whether or not the station was operating with
authorized power, and no initiation of any corrective action for the
overpower condition that had been ongoing for several months. The
agent also requested to inspect the station's public inspection file
and found that it did not contain the quarterly radio issues/programs
lists for the 1st through 4th quarters of 2008. The station manager
stated that he did not know where the issues/programs lists were, but
that they may be in storage since WKAT moved its studio in August
7. 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.
8. Section 73.1745(a) of the Rules requires that no broadcast station
shall operate at times, or with modes or power, other than those
specified and made a part of the license, unless otherwise provided in
this part. Station WKAT's authorization specifies that the station
must reduce power to 542 watts at local sunset time. Field strength
measurements taken by a FCC agent showed that WKAT failed to reduce
power at local sunset time on January 26 and 27, 2009. Transmitter
logs show that, prior to the inspection on February 5, 2009, the
station had not reduced power at nighttime for several months. The
transmitter logs also show that the station was operating with between
4,600 to 4,900 watts at night for several months. There was no
evidence that the station transmitter or transmitter remote control
system was malfunctioning.
9. Section 73.3526 of the Rules states that "[e]very permittee or
licensee of an AM, FM, TV or a Class A station in the commercial
broadcast services shall maintain a public inspection file containing
the material" set forth in this section. The public inspection file
shall be maintained at the main studio of the station. The file shall
be available for public inspection at any time during regular business
hours. Section 73.3526(e)(12) of the Rules requires licensees to place
in their public inspection file, for each calendar quarter, a list of
programs that have provided the station's most significant treatment
of community issues during the preceding three month period. Copies of
the lists must be retained in the public inspection file until final
action has been taken on the station's next license renewal
application. The list shall include a brief narrative describing what
issues were given significant treatment and the programming that
provided this treatment. The description of the programs shall
include, but shall not be limited to, the time, date, duration, and
title of each program in which the issue was treated. On February 5,
2009, during regular business hours, an agent of the Miami Office
requested to inspect station WKAT's public inspection file at the
station's main studio and found that the file did not contain
quarterly radio issues/programs lists for the 1st through 4th quarters
of 2008. The station manager did not know where the issues/programs
lists were located.
10. Based on the evidence before us, we find that Caron apparently
willfully and repeatedly violated Sections 73.1745(a) and 73.3526 of
the Rules by failing to reduce power to the authorized nighttime
levels, and failing to maintain required radio issues/programs lists
in the public inspection file. We also find that Caron apparently
willfully failed to make available a complete public inspection file.
11. Section 73.1870(c)(3) of the Rules provides that the chief operator is
responsible for reviewing the station logs at least once each week to
determine if required entries are being made correctly. Additionally,
verification must be made that the station has been operated as
required by the rules or the station authorization. Upon completion of
the review, the chief operator or his designee must date and sign the
log, initiate any corrective action which may be necessary, and advise
the station licensee of any condition which is repetitive. On February
5, 2009, an agent from the Miami Office found that none of the
available station logs were signed by the chief operator or by anyone
else. Thus, there was no verification of whether or not the station
was operating with authorized power, and no initiation of any
corrective action for the overpower condition that had been ongoing
for several months. We therefore admonish Caron for violating Section
73.1870(c)(3) of the Rules.
12. 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 exceeding power limits is $4,000, and the
base forfeiture amount for violation of public inspection file rules
is $10,000. Because station WKAT's public inspection file contained a
portion of the items required, a downward adjustment of the base
forfeiture 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 Caron is apparently liable for an $8,000 forfeiture.
IV. ORDERING CLAUSES
13. 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, Caron Broadcasting Inc., is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of eight thousand dollars ($8,000) for violations of Sections
73.1745(a) and 73.3526 of the Rules.
14. IT IS FURTHER ORDERED that Caron Broadcasting, Inc. IS ADMONISHED for
its violation of Section 73.1870(c)(3) of the Rules.
15. 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, Caron Broadcasting, Inc.,
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
16. 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. 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,
Caron will send electronic notification on the date said payment is
made to SCR-Response@fcc.gov.
17. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Miami Office, PO
Box 520617, Miami, FL 33152, and must include the NAL/Acct. No.
referenced in the caption.
18. 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.
19. 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 Caron Broadcasting, Inc. at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
South Central Region
47 C.F.R. S:S: 73.1745(a), 73.3526.
47 U.S.C. S: 503(b).
See 47 C.F.R. S: 73.1720.
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. 73.1745(a).
47 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S: 73.3526(b).
47 C.F.R. S: 73.3526(c).
47 C.F.R. S: 73.3526(e)(12).
47 C.F.R. S: 73.1870(c)(3).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
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, 73.1745(a),
47 C.F.R. 73.1870(c)(3).
See 47 C.F.R. S: 1.1914.
(...continued from previous page)
Federal Communications Commission
Federal Communications Commission