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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
)
AMERICAN FAMILY ASSOCIATION ) File No. EB-02-IH-0819-AHB
) NAL/Acct. No. 200432080203
) FRN 0005025911
Licensee of Station KBMP(FM), ) Facility ID No. 91037
Enterprise, Kansas )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: July 27, 2004 Released: July 28,
2004
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find that American Family Association
(``AFA''), licensee of non-commercial radio Station
KBMP(FM), Enterprise, Kansas, apparently violated the main
studio rule by willfully and repeatedly failing to meet the
location requirements set forth in section 73.1125(a) of the
Commission's rules, and by willfully and repeatedly failing
to maintain a meaningful management and staff presence at
its main studio.1 We also find that AFA apparently failed
to comply with a Bureau order by failing to respond fully to
a Bureau inquiry that directed AFA to produce certain
information concerning the main studio of Station KBMP(FM).
Based on our review of the facts and circumstances of this
case, we find that AFA is apparently liable for a forfeiture
of ten thousand dollars ($10,000) for violations of the main
studio rule at Station KBMP(FM) and for failing to respond
fully to a Bureau order.
II. BACKGROUND
2. AFA acquired the construction permit for unbuilt
Station KBMP(FM) from Solid Rock Broadcasting, Inc. in
August of 1999.2 By letter dated June 21, 2001, AFA
requested a waiver of the Commission's main studio rule, 47
C.F.R. § 73.1125, to co-locate the main studio of KBMP(FM)
with that of its co-owned Station KCFN(FM), Wichita, Kansas.
AFA supplemented this request by letters dated August 16,
2001, and May 1, 2002. AFA placed Station KBMP(FM) into
operation on March 6, 2002, submitting a covering license
application that same day.3 Six months later, by letter
dated September 5, 2002, AFA requested expedited processing
of its main studio waiver request. In that letter, signed
by Patrick J. Vaughn in his capacity as General Counsel of
AFA, AFA stated:
KBMP-FM has been on the air since March 6,
2002, but American Family Association, Inc.
(AFA) has been unable to comply with the Main
Studio staffing requirements. AFA requests
expedited processing of its Main Studio
waiver request before we are hit with
forfeitures.4
3. Upon receiving this letter, the Media Bureau staff
telephoned Mr. Vaughn, asking him to explain his statement
in his September 5 letter about not complying with the main
studio rule. By letter dated October 1, 2002, Mr. Vaughn
stated:
Prior to building KBMP, AFA operated a
translator in Enterprise, KS, with the First
Christian Church of Enterprise serving as the
translator's local sponsor. Joe Minnick, a
member of First Christian Church, working as
a volunteer prepared local public service
spots to run at the top on the hour on the
translator. In the planning for KBMP we
anticipated that Mr. Minnick would coordinate
other volunteers to staff the main studio.
However, Mr. Minnick has moved. First
Christian Church continues to act as our
local sponsor and pays the tower rent, but
without Mr. Minnick they are unable to muster
sufficient volunteers to cover the
``meaningful presence'' requirement.
Therefore, AFA has requested expedited
processing of this request for a main studio
waiver.5
4. By letter dated October 31, 2002, the Audio Division
of the Media Bureau of the Commission granted AFA's waiver
request, ``without prejudice to whatever action, if any, the
Commission deems appropriate in light of AFA's apparent
violation of the Commission's main studio requirements.''6
The Media Bureau referred the matter to the Enforcement
Bureau for possible enforcement action.
5. By letter dated November 13, 2003, the
Investigations and Hearings Division of the Commission's
Enforcement Bureau sent a letter of inquiry to Mr. Vaughn
directing AFA to provide nine categories of information and
copies of all documents relevant to AFA's responses.7 The
categories of information included such matters as: the
exact address of all current and previous main studio
locations for Station KBMP(FM) and the date each studio
location was established; all waiver requests and waivers of
the main studio rule for the station; for each main studio
address, the days of the week and the hours of the day
during which that studio was/is open to the public; a
detailed description of the technical production and
transmission equipment and capacity maintained at the main
studio(s); the identity of each person employed at the
station's main studio and pertinent information about each
person's employment; and the local or toll-free telephone
number maintained for the station.8
6. By letter dated November 21, 2003, Mr. Vaughn
provided the following response, which was accompanied only
by a copy of the October 31, 2002 letter granting AFA's
waiver request:
On October 31, 2002, the Commission granted
a waiver of 47 C.F.R. Section 73.1125 for
KBMP-FM, Enterprise, Kansas. A copy of the
waiver is attached as Exhibit One.
Toll-free telephone number (800) 705-4450 is
posted at the KBMP-FM tower site.9
III. DISCUSSION
7. Under section 503(b)(1) of the Communications Act of
1934, as amended (the ``Act''), any person who is determined
by the Commission to have willfully or repeatedly failed to
comply with any provision of the Act or any rule,
regulation, or order issued by the Commission shall be
liable to the United States for a forfeiture penalty.10 In
order to impose such a forfeiture penalty, the Commission
must issue a notice of apparent liability, the notice must
be received, and the person against whom the notice has been
issued must have an opportunity to show, in writing, why no
such forfeiture penalty should be imposed.11 The Commission
will then issue a forfeiture if it finds by a preponderance
of the evidence that the person has willfully or repeatedly
violated the Act or a Commission rule.12 As described in
greater detail below, we conclude under this procedure that
AFA is apparently liable for a forfeiture in the amount of
$10,000. This $10,000 forfeiture consists of $7,000 for
AFA's apparent willful and repeated violations of the main
studio rule, the location and staffing requirements of which
are set forth in section 73.1125 of the Commission's rules
and Commission precedent, and $3,000 for failing to respond
fully to a Bureau order.
A. AFA Apparently Has Willfully and Repeatedly
Failed to Meet the Location and Staffing Requirements
of the Main Studio Rule.
8. The Commission promulgated the main studio rule to
ensure that a station's main studio serves the needs and
interests of the residents of the station's community of
license.13 The Commission has long held that a local
presence is critical to fulfilling this function.14 Thus,
section 73.1125(a) of the Commission's rules requires that a
station's main studio either be placed (a) within a
station's community of license; (b) at any location within
the principal community contour of any AM, FM, or TV
broadcast station licensed to the station's community of
license; or (c) within twenty-five (25) miles from the
reference coordinates of the center of its community of
license.15 A licensee must acquire written authorization
before it places a main studio at a location other than one
specified in section 73.1125(a).16
9. For a main studio to fulfill its primary function,
the Commission has determined that a licensee must also
``equip the main studio with production and transmission
facilities that meet applicable standards, maintain
continuous program transmission capability, and maintain a
meaningful management and staff presence.''17 A meaningful
management and staff presence exposes stations to community
activities, helps them to identify community needs and
interests and, consequently, helps them meet their community
service requirements.18 In Jones Eastern II, the Commission
defined a minimally acceptable meaningful management and
staff presence as full-time managerial and staff personnel
and, though the Commission stated that it did not require
that management personnel be ``chained to the desk,'' it did
require that such personnel report to work at the main
studio on a daily basis, spend a substantial amount of time
there, and use the station as a `home base.''19 To qualify
as managerial, the Commission stated that the employee
should be ``authorized to make typical managerial decisions
pertaining to facilities, equipment, programming, sales and
emergency procedures.''20
10. By AFA's own admission, the main studio for
Station KBMP(FM) did not meet the location requirements of
section 73.1125(a) from March 6, 2002, when the station
commenced operation, until October 31, 2002, when AFA
received a waiver of the main studio rule. The record shows
that this was a knowing violation by AFA, as AFA's request
for expedited processing sought action by the Commission's
Media Bureau ``before we are hit with forfeitures.''21 In
this regard, we note that in 2002, AFA was issued a
forfeiture order in the amount of $5,000 for operating
Station KBKC-FM, Moberly, Missouri, without a main studio.22
As in this case, AFA had put that station on the air after
filing a main studio waiver request, but did not have a
grant of that waiver when it commenced operation of the
station without a local main studio.
11. AFA likewise admits that it failed to maintain a
meaningful staff or management presence at a location within
Enterprise, Kansas, within the Station KBMP(FM) principal
community contour or within twenty-five miles from the
reference coordinates of Enterprise, Kansas during the
period from March 6, 2002 to October 31, 2002.23
B. AFA Apparently Has Willfully Failed to Respond in
Full to a Bureau Order.
12. Section 403 of the Act authorizes the Commission
to institute on its own motion any inquiry into, inter alia,
any matter relating to the enforcement of the Act or the
Commission's rules.24 Section 308(b) provides that the
Commission ``may require from an applicant or licensee
further written statements of fact during the license term.
. . .''25 Pursuant to that and other authority,26 the
Bureau ordered AFA to provide certain information. AFA did
not do so. A party cannot pick and choose which portions of
the directives in a Bureau inquiry letter require a
response.27 However, that is the course of action taken by
AFA, through its General Counsel, Mr. Vaughn, in his letter
of November 21, 2003. Out of nine categories of information
and documents the Enforcement Bureau's letter dated November
13, 2003 directed AFA to provide, Mr. Vaughn responded to
two while offering no explanation for not responding to the
other categories.28
C. Proposed Action
13. Section 503(b) of the Act and section 1.80(a) of
the Commission's rules both state that any person who
willfully or repeatedly fails to comply with the provisions
of the Act, the rules or Commission orders shall be liable
for a forfeiture penalty.29 The Commission's Forfeiture
Policy Statement sets a base forfeiture amount of $7,000 for
violation of the main studio rule.30 The Forfeiture Policy
Statement sets forth a base forfeiture amount of $4,000 for
failure to respond to Commission communications.31 The
Forfeiture Policy Statement also specifies that the
Commission shall adjust a forfeiture based upon
consideration of the factors enumerated in section
503(b)(2)(D) of the Act, such as ``the nature,
circumstances, extent and gravity of the violation, and,
with respect to the violator, the degree of culpability, any
history of prior offenses, ability to pay, and such other
matters as justice may require.''32
14. It appears that, from at least March 6, 2002, and
continuing up to October 31, 2002, AFA willfully and
repeatedly violated the main studio rule, by failing to
locate the Station KBMP(FM) main studio at a place in
accordance with section 73.1125(a), and by failing to
maintain a meaningful local management and staff presence.
The deliberate and knowing violation of this rule by a party
that has previously been assessed a forfeiture for violating
the rule under similar circumstances warrants (at the very
least) the full $7,000 forfeiture proposed here.
15. Likewise, it appears that AFA willfully violated a
Bureau order by failing to respond in full to the
Enforcement Bureau's letter of inquiry of November 13, 2003.
Instead of providing the nine categories of information and
providing relevant documents for all categories as directed
by the Bureau's inquiry (or explaining why requested
information in particular categories was not available),
AFA, through its General Counsel, only responded to two
categories of information and only provided a relevant
document within the scope of those two categories. Because
AFA did submit a partial response, the $4,000 base amount
for such misconduct will be reduced to $3,000.
16. Accordingly, applying the Forfeiture Policy
Statement and the statutory factors to this case, we
conclude that AFA is apparently liable for a $10,000
forfeiture, for violating the Commission's main studio rule
and failing to respond in full to a Bureau order.
IV. ORDERING CLAUSES
17. ACCORDINGLY, IT IS ORDERED THAT, pursuant to
section 503(b) of the Communications Act of 1934, as
amended, 47 U.S.C. § 503(b), and section 1.80 of the
Commission's rules, 47 C.F.R. § 1.80, American Family
Association, is hereby NOTIFIED of its APPARENT LIABILITY
FOR FORFEITURE in the amount of ten thousand dollars
($10,000) for willfully and repeatedly violating the
Commission's main studio rule and for failing to respond
fully to a Bureau order.
18. IT IS FURTHER ORDERED THAT, pursuant to section
1.80 of the Commission's rules, 47 C.F.R. § 1.80, within
thirty (30) days of the release of this NOTICE OF APPARENT
LIABILITY, American Family Association SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
19. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the
Federal Communications Commission. Such remittance should
be made to the Forfeiture Collection Section, Finance
Branch, Federal Communications Commission, P.O. Box 73482,
Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. and FRN No. referenced above.
20. The response, if any, to this NOTICE OF APPARENT
LIABILITY, must be mailed to William H. Davenport, Chief,
Investigations and Hearings Division, Enforcement Bureau,
Federal Communications Commission, 445 12th Street, S.W.,
Room 4-C321, Washington DC 20554 and MUST INCLUDE the
NAL/Acct. No. referenced above.
21. The Commission will not consider reducing or
canceling a forfeiture in response to a claim of inability
to pay unless the respondent 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
respondent'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.
22. Requests for payment of the full amount of this
Notice of Apparent Liability under an installment plan
should be sent to: Chief, Credit and Management Center, 445
12th Street, S.W., Washington, D.C. 20554.33
23. Under the Small Business Paperwork Relief Act of
2002, Pub.L.No. 107-198, 116 Stat. 729 (June 28, 2002), the
Commission is engaged in a two-year tracking process
regarding the size of entities involved in forfeitures. If
AFA qualifies as a small entity and wishes to be treated as
a small entity for tracking purposes, please so certify to
us within 30 days of this NAL, either in AFA's response to
the NAL or in a separate filing to be sent to the
Investigations and Hearings Division, Enforcement Bureau,
445 12th Street, S.W., Washington, D.C. 20554. AFA's
certification should indicate whether AFA, including its
parent entity and its subsidiaries (if any), meets one of
the definitions set forth in the list in Attachment A of
this NAL. This information will be used for tracking
purposes only. AFA's response or failure to respond to this
question will have no effect on your rights and
responsibilities pursuant to section 503(b) of the
Communications Act of 1934, as amended. If AFA has any
questions regarding any of the information contained in
Attachment A, please contact the Commission's Office of
Communications Business Opportunities at (202) 418-0990.
24. IT IS FURTHER ORDERED that a copy of this NOTICE
OF APPARENT LIABILITY shall be sent, by Certified
Mail/Return Receipt Requested, to Patrick J. Vaughn, General
Counsel, American Family Association, P.O. Drawer 2440,
Tupelo, MS 38803.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
ATTACHMENT A
FCC List of Small Entities
As described below, a ``small entity'' may be a small
organization,
a small governmental jurisdiction, or a small business.
(1) Small Organization
Any not-for-profit enterprise that is independently owned
and operated and
is not dominant in its field.
(2) Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages,
school districts, or
special districts, with a population of less than fifty
thousand.
(3) Small Business
Any business concern that is independently owned and
operated and
is not dominant in its field, and meets the pertinent size
criterion described below.
Industry Type Description of Small Business
Size Standards
Cable Services or Systems
Special Size Standard -
Cable Systems Small Cable Company has 400,000
Subscribers Nationwide or Fewer
Cable and Other Program
Distribution $12.5 Million in Annual
Receipts or Less
Open Video Systems
Common Carrier Services and Related Entities
Wireline Carriers and
Service providers
1,500 Employees or Fewer
Local Exchange Carriers,
Competitive Access
Providers, Interexchange
Carriers, Operator Service
Providers, Payphone
Providers, and Resellers
Note: With the exception of Cable Systems, all size
standards are expressed in either millions of dollars or
number of employees and are generally the average annual
receipts or the average employment of a firm. Directions
for calculating average annual receipts and average
employment of a firm can be found in
13 CFR 121.104 and 13 CFR 121.106, respectively.
International Services
International Broadcast
Stations
$12.5 Million in Annual
Receipts or Less
International Public Fixed
Radio (Public and Control
Stations)
Fixed Satellite
Transmit/Receive Earth
Stations
Fixed Satellite Very Small
Aperture Terminal Systems
Mobile Satellite Earth
Stations
Radio Determination
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
Mass Media Services
Television Services
$12 Million in Annual Receipts
or Less
Low Power Television
Services and Television
Translator Stations
TV Auxiliary, Special
Broadcast and Other Program
Distribution Services
Radio Services
$6 Million in Annual Receipts
or Less
Radio Auxiliary, Special
Broadcast and Other Program
Distribution Services
Multipoint Distribution Auction Special Size Standard -
Service Small Business is less than
$40M in annual gross revenues
for three preceding years
Wireless and Commercial Mobile Services
Cellular Licensees
1,500 Employees or Fewer
220 MHz Radio Service -
Phase I Licensees
220 MHz Radio Service - Auction special size standard -
Phase II Licensees Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
controlling principals)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
controlling principals)
700 MHZ Guard Band Licensees
Private and Common Carrier
Paging
Broadband Personal
Communications Services 1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal Auction special size standard -
Communications Services Small Business is $40M or less
(Block C) in annual gross revenues for
three previous calendar years
Very Small Business is average
gross revenues of $15M or less
for the preceding three
calendar years (includes
affiliates and persons or
entities that hold interest in
such entity and their
affiliates)
Broadband Personal
Communications Services
(Block F)
Narrowband Personal
Communications Services
Rural Radiotelephone Service 1,500 Employees or Fewer
Air-Ground Radiotelephone
Service
800 MHz Specialized Mobile Auction special size standard -
Radio Small Business is $15M or less
average annual gross revenues
for three preceding calendar
years
900 MHz Specialized Mobile
Radio
Private Land Mobile Radio 1,500 Employees or Fewer
Amateur Radio Service N/A
Aviation and Marine Radio
Service 1,500 Employees or Fewer
Fixed Microwave Services
Small Business is 1,500
Public Safety Radio Services employees or less
Small Government Entities has
population of less than 50,000
persons
Wireless Telephony and
Paging and Messaging 1,500 Employees or Fewer
Personal Radio Services N/A
Offshore Radiotelephone 1,500 Employees or Fewer
Service
Wireless Communications Small Business is $40M or less
Services average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
39 GHz Service
Auction special size standard
(1996) -
Multipoint Distribution Small Business is $40M or less
Service average annual gross revenues
for three preceding calendar
years
Prior to Auction -
Small Business has annual
revenue of $12.5M or less
Multichannel Multipoint
Distribution Service $12.5 Million in Annual
Receipts or Less
Instructional Television
Fixed Service
Auction special size standard
(1998) -
Local Multipoint Small Business is $40M or less
Distribution Service average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
First Auction special size
standard (1994) -
Small Business is an entity
that, together with its
affiliates, has no more than a
218-219 MHZ Service $6M net worth and, after
federal income taxes (excluding
carryover losses) has no more
than $2M in annual profits each
year for the previous two years
New Standard -
Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Satellite Master Antenna
Television Systems $12.5 Million in Annual
Receipts or Less
24 GHz - Incumbent Licensees 1,500 Employees or Fewer
24 GHz - Future Licensees Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Miscellaneous
On-Line Information Services $18 Million in Annual Receipts
or Less
Radio and Television
Broadcasting and Wireless
Communications Equipment 750 Employees or Fewer
Manufacturers
Audio and Video Equipment
Manufacturers
Telephone Apparatus
Manufacturers (Except 1,000 Employees or Fewer
Cellular)
Medical Implant Device 500 Employees or Fewer
Manufacturers
Hospitals $29 Million in Annual Receipts
or Less
Nursing Homes $11.5 Million in Annual
Receipts or Less
Hotels and Motels $6 Million in Annual Receipts
or Less
Tower Owners (See Lessee's Type of Business)
_________________________
1 See 47 C.F.R. § 73.1125(a); see also Main Studio and
Program Origination Rules, 2 FCC Rcd 3215 (1987), clarified
3 FCC Rcd 5024 (1988); Jones Eastern of Outer Banks, Inc.
(``Jones Eastern I''), 6 FCC Rcd 3615 (1991), clarified 7
FCC Rcd 6800 (1992) (``Jones Eastern II'').
2 See FCC File No. BAPED-990514EA, granted July 13,
1999, with a consummation date of August 17, 1999.
3 See FCC File No. BAPED-990514EA.
4 Letter from Patrick J. Vaughn to Marlene H. Dortch,
Secretary of the Commission, dated September 5, 2002.
5 Letter from Patrick J. Vaughn to Marlene H. Dortch,
dated October 1, 2002 (emphasis in original).
6 Letter from Peter H. Doyle, Chief, Audio Division of
Commission's Media Bureau, to Patrick J. Vaughn, dated
October 31, 2002.
7 Letter from William D. Freedman, Deputy Chief,
Investigations and Hearings Division of Commission's
Enforcement Bureau, to Patrick J. Vaughn, dated November
13, 2003.
8 Id. at 3-4.
9 Letter from Patrick J. Vaughn to David Brown,
Investigations and Hearings Division of Commission's
Enforcement Bureau, dated November 21, 2003.
1047 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(1);
see also 47 U.S.C. § 503(b)(1)(D) (forfeitures for
violation of 14 U.S.C. § 1464). Section 312(f)(1) of the
Act defines willful as ``the conscious and deliberate
commission or omission of [any] act, irrespective of any
intent to violate'' the law. 47 U.S.C. § 312(f)(1). The
legislative history to section 312(f)(1) of the Act
clarifies that this definition of willful applies to both
sections 312 and 503(b) of the Act, H.R. Rep. No. 97-765,
97th Cong. 2d Sess. 51 (1982), and the Commission has so
interpreted the term in the section 503(b) context. See,
e.g., Application for Review of Southern California
Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd
4387, 4388 (1991) (``Southern California Broadcasting
Co.''). The Commission may also assess a forfeiture for
violations that are merely repeated, and not willful. See,
e.g., Callais Cablevision, Inc., Grand Isle, Louisiana,
Notice of Apparent Liability for Monetary Forfeiture, 16
FCC Rcd 1359 (2001) (issuing a Notice of Apparent Liability
for, inter alia, a cable television operator's repeated
signal leakage). ``Repeated'' means that the act was
committed or omitted more than once, or lasts more than one
day. Southern California Broadcasting Co., 6 FCC Rcd at
4388, ¶ 5; Callais Cablevision, Inc., 16 FCC Rcd at 1362 ¶
9.
1147 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).
12See, e.g., SBC Communications, Inc., Apparent
Liability for Forfeiture, Forfeiture Order, 17 FCC Rcd
7589, 7591 ¶ 4 (2002). In SBC Communications, the
Commission assessed a $100,000 forfeiture against a carrier
for its willful refusal to supply a sworn declaration in
response to an Enforcement Bureau letter of inquiry. The
Commission stated: ``[T]he order here was squarely within
the Commission's authority and, in any event, parties are
required to comply with Commission orders even if they
believe them to be outside the Commission's authority.''
Id. at ¶ 5.
13 Main Studio and Program Origination Rules,
Memorandum Opinion and Order on Reconsideration, 3 FCC Rcd
at 5026 ¶ 23.
14 See, e.g., Main Studio and Program Origination
Rules, Report and Order, 2 FCC Rcd at 3217 ¶ 29.
15 47 C.F.R. § 73.1125(a).
16 47 C.F.R. § 73.1125(d)(2).
17 Main Studio and Program Origination Rules,
Memorandum Opinion and Order on Reconsideration, 3 FCC Rcd
at 5026 ¶ 24 (emphasis added).
18 Id.
19 Jones Eastern II, 7 FCC Rcd at 6801-6802 ¶ 11.
20 Id. at 6801 ¶ 10.
21 Letter from Patrick J. Vaughn to Marlene Dortch,
dated September 5, 2002.
22 See American Family Association, Forfeiture Order,
17 FCC Rcd 18,135 (EB 2002), recon. denied 18 FCC Rcd 2413
(EB 2003).
23 Letter from Patrick J. Vaughn to Marlene Dortch,
dated September 5, 2002; see also letter from Patrick J.
Vaughn to Marlene Dortch, dated October 1, 2002.
24 See 47 U.S.C. § 403.
25 47 U.S.C. § 308(b). See also 47 C.F.R. § 73.1015.
26 See 47 U.S.C. § 154(i),(j).
27 See, e.g., SBC Communications, supra note 12; Radio
Moultrie, Inc., Order to Show Cause and Notice of
Opportunity for Hearing, 17 FCC Rcd 24,304 (2002) (order to
show cause to revoke license for, inter alia, failure to
respond to Bureau inquiry letters); World Communications
Satellite Systems, Inc., Forfeiture Order, 19 FCC Rcd 2718
(EB 2004) ($10,000 forfeiture for submitting a
jurisdictional objection in lieu of a response to a Bureau
inquiry letter).
28 Mr. Vaughn's letter did include a sentence stating,
``Please contact me if you have further questions regarding
AFA's compliance with 47 C.F.R. Section 73.1125 at KBMP-FM,
Enterprise, Kansas.'' Letter from Patrick J. Vaughn to
David Brown, dated November 21, 2003. However, that is no
substitute for providing, for each category of information
requested, either the information requested or an
explanation as to why the information was not available.
29 See 47 U.S.C. § 503(b); 47 C.F.R § 1.80.
30 The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, 12 FCC Rcd 17087, 17115 (1997),
recon. denied 15 FCC Rcd 303 (1999) (Forfeiture Policy
Statement); 47 C.F.R. § 1.80(b).
31 Id.
32 47 U.S.C. § 503(b)(2)(D). See also Forfeiture
Policy Statement, 12 FCC Rcd at 17100 ¶ 27.
33 See 47 C.F.R. § 1.1914.