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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Casey Network, LLC ) File No. EB-03-AT-084
Licensee of AM Broadcast ) NAL/ACCT No. 200332480023
Station WRFS ) FRN: 0005-0273-13
Auburn, Alabama
FORFEITURE ORDER
Adopted: July 30, 2004 Released: August 4,
2004
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In a May 6, 2003 Notice of Apparent Liability for
Forfeiture (``NAL''),1 the District Director-Atlanta Office
proposed a monetary forfeiture of seven thousand dollars ($7,000)
for Casey Network, LLC (``Casey'') based on an apparent willful
and repeated violation of Section 73.49 of the Commission's Rules
(``Rules'').2 That section requires that antenna towers with
radio frequency potential at the base must be enclosed within an
effective locked fence. On June 27, 2003, Casey filed a Response
to the NAL.3 In this Forfeiture Order, we affirm the monetary
forfeiture in the amount of $7,000.
II. DISCUSSION
2. Casey does not contest the subject violation, but
alleges that it promptly (``within three days'' of the
Commission's agent's inspection) and in good faith constructed a
new fence.4 We find that no mitigation is warranted on the basis
of the alleged correction of the violation. As the Commission
stated in Seawest Yacht Brokers, ``corrective action taken to
come into compliance with Commission rules or policy is expected,
and does not nullify or mitigate any prior forfeitures or
violations.'' 5
3. Casey claims that the fine would place a ``great
financial strain on WRFS.'' As evidence of an inability to pay
the forfeiture amount, Casey submits that its stand-alone AM
station - whose competition comprises three FM stations - is
located in a shrinking Alabama town whose only industry has
mostly shifted to Mexico. Casey avers that this ``severe
economic depression'' has resulted in the station operating in
the red, with billings of less than $25,000 per year over the
last four years. Because Casey has presented financial
information only with respect to this station and not his company
overall,6 and has not provided any supporting documentation, we
are not in a position to make a downward adjustment based on
inability to pay.7
III. ORDERING CLAUSES
4. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the
Rules,8 Casey Network, LLC IS LIABLE FOR A MONETARY FORFEITURE in
the amount of $7,000 for willfully and repeatedly violating
Section 73.49 of the Rules.
5. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules9 within 30 days of the
release of this Order. If the forfeiture is not paid within the
period specified, the case may be referred to the Department of
Justice for collection pursuant to Section 504(a) of the Act.10
Payment shall be made by mailing a check or similar instrument,
payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment must include
the FCC Registration Number (FRN) and the NAL/Acct. No.
referenced in the caption. Requests for full payment under an
installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
D.C. 20554.11
6. IT IS FURTHER ORDERED THAT this Order shall be sent by
first class mail and certified mail, return receipt requested, to
Casey Network, LLC, 908 Opelika Road, Auburn, Alabama, 36830.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332480023 (Enf. Bur., Atlanta Office, rel. Jan. 29, 2003).
2 47 C.F.R. § 73.49.
3 Letter from Jimmy Jarrell, President, Casey Radio Network, to
Federal Communications Commission (June 25, 2003) (``Response'').
4 Response at 1.
5 See Seawest Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994), see
also Callais Cablevision, Inc., 17 FCC Rcd 22626, 22629 (2002);
Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973); and
Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966).
6 See, e.g., KASA Radio Hogar, Inc., 17 FCC Rcd 6256, 6258-59
(2002).
7 As indicated in the NAL, 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;
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.
847 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
947 C.F.R. §1.80.
1047 U.S.C. § 504(a).
1147 U.S.C. § 1.1914.