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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
McGraw-Hill Broadcasting ) File No. EB-04-TC-068
Company, Inc. ) Facility ID No. 40876
Licensee of KGTV ) NAL/Acct. No. 200532170008
San Diego, CA ) FRN: 0003476827
)
)
Apparent Liability for )
Forfeiture
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: February 22, 2005 Released: February 23,
2005
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''),1 we find that McGraw-Hill Broadcasting Company, Inc.
(``McGraw-Hill'') apparently willfully or repeatedly violated
section 713 of the Communications Act of 1934, as amended (the
``Act''),2 and section 79.2(b)(1)(i) of the Commission's rules.3
McGraw-Hill apparently violated the Act and the Commission's
rules by failing in a timely manner to make accessible to
persons with hearing disabilities emergency information that it
provided aurally in its programming for KGTV during a wildfires
emergency in the San Diego, California area on October 26 and
October 27, 2003. Based upon our review of the facts and
circumstances, we find McGraw-Hill apparently liable for a
forfeiture in the amount of $20,000.
II. BACKGROUND
2. McGraw-Hill is the licensee of KGTV4 and is a video
programming distributor as defined in our rules.5 As a video
programming distributor, McGraw-Hill is obligated to provide to
persons with hearing disabilities the same access to emergency
information that it provides to listeners of its programming.6
3. During the week beginning October 26, 2003, there were
wildfires throughout Southern California, including the San Diego
area. These wildfires caused loss of life, injuries, and
extensive damage to property and natural resources. Due to high
winds, these fires spread extremely rapidly, and caused the
evacuation of many of San Diego's residents. During this time,
McGraw-Hill broadcast emergency information regarding the
wildfires.
4. After receiving a consumer complaint against KGTV
alleging that the station failed to make information on the
wildfires accessible to persons with hearing disabilities, the
Enforcement Bureau (``Bureau'') launched an investigation into
McGraw-Hill's broadcasts on KGTV that week. We sent a Letter of
Inquiry to McGraw-Hill, directing McGraw-Hill to provide, among
other things, videotapes of McGraw-Hill's coverage of the
wildfires on KGTV.7 McGraw-Hill filed a response, and provided
videotapes of its coverage.8
5. The Bureau has reviewed McGraw-Hill's tapes of KGTV's
programming and identified numerous instances where the station
aurally provided emergency information but substantially delayed
the visual presentation of emergency information, if it provided
the visual presentation at all. Some illustrative examples are
shown below.9
(a) At 7:33 a.m.10 and during the next five minutes,
the anchor said that since 12:00 midnight, the police had
been evacuating homes in the East County and in San Diego
County Estates. She also advised viewers to stay inside,
turn on their air conditioning, shut the windows and doors,
and limit exercise. McGraw-Hill did not provide closed
captioning or other visual presentation of any portion of
this emergency information until 9:15 a.m., when it provided
visual presentation of some of the emergency information.
The recorded footage that McGraw-Hill provided of its
broadcast does not show any visual presentation of the
remainder of this emergency information through at least
11:10 p.m.,11 over fifteen hours after the aural
presentation.12
(b) At 8:03 a.m., reporter Steve Fiorina said that
Scripps Ranch was being evacuated. McGraw-Hill did not
provide closed captioning or other visual presentation of
this emergency information until 9:01 a.m., nearly an hour
later.
(c) At 11:53 a.m., a representative of the American
Lung Association advised viewers to stay indoors, run their
air conditioner with a filter, and avoid exercise. McGraw-
Hill did not provide closed captioning or other visual
presentation of this emergency information through at least
11:10 p.m., over 11 hours later.
III. DISCUSSION
6. Section 713 of the Act requires the Commission to
prescribe rules on Video Programming Accessibility.13 Pursuant
to section 713, and out of a concern that the same critical
emergency information be available to every television viewer,
including persons with hearing disabilities, the Commission
adopted section 79.2 of the rules.14 Section 79.2(b)(1)(i)
requires that video programming distributors providing emergency
information in the audio portion of programming ``must'' provide
persons with hearing disabilities with the same access to such
information that distributors provide to listeners, either
through a method of closed captioning or by using another method
of visual presentation.15 Section 79.2 does not require closed
captioning,16 but allows for other methods of visual
presentation, including, but not limited to, open captioning,
crawls, or scrolls.17 In addition, other methods of visual
presentation could include maps, signs, and charts, each of which
can communicate emergency information to those with hearing
disabilities. The Commission stated that it was permitting these
alternatives because it was concerned about the limited ``real-
time'' captioning resources available and their current costs.18
The Commission made clear, however, that regardless of the method
of visual presentation used, video programming distributors must
``use [a] method of visual presentation [that] ensure[s] the same
accessibility [to emergency information] for persons with hearing
disabilities as for any other viewer, as required by the
rule.''19 The Commission mandated equal accessibility because
emergency information is of ``equal or greater importance to
persons with hearing disabilities, and television plays a
critical role in its dissemination.'' 20 Further, it is clear
from the Commission's definition of emergency information, i.e.,
information about a ``current'' emergency that provides critical
details concerning ``how to respond to the emergency,''21 that
the Commission required video programming distributors to display
emergency information in a timely manner so that viewers can
respond to a current emergency before becoming endangered. Thus,
although the Commission declined to require video programming
distributors to close caption emergency information they provide
aurally, the Commission did require video programming
distributors to visually present by some method in real-time the
emergency information they provide aurally.
7. Further, the Commission defined emergency information
in section 79.2 as ``information, about a current emergency, that
is intended to further the protection of life, health, safety,
and property, i.e., critical details regarding the emergency and
how to respond to the emergency,''22 not merely the existence of
an emergency.23 The rule provides the following non-exhaustive
list of examples of the types of emergencies covered:
``tornadoes, hurricanes, floods, tidal waves, earthquakes, icing
conditions, heavy snows, widespread fires, discharge of toxic
gases, widespread power failures, industrial explosions, civil
disorders, school closings and changes in school bus schedules
resulting from such conditions, and warnings and watches of
impending changes in weather.''24 The Commission further stated
that critical details included, among other things, ``specific
details regarding the areas that will be affected by the
emergency, evacuation orders, detailed descriptions of areas to
be evacuated, specific evacuation routes, approved shelters or
the way to take shelter in one's home, instructions on how to
secure personal property, road closures, and how to obtain relief
assistance.''25 The Commission has several times reminded video
programmers of their obligation to make emergency information
accessible.26
8. As an initial matter, we find that McGraw-Hill is a
``video programming distributor'' subject to section 79.2 of the
Commission's rules. Section 79.1(a)(2) defines a video
programming distributor as ``[a]ny television broadcast station
licensed by the Commission....''27 As a broadcast licensee,
McGraw-Hill must comply with the Commission's rules regarding the
accessibility of emergency information to individuals with
hearing disabilities.
9. We now turn to an analysis of the information
broadcast by McGraw-Hill over KGTV during the time period at
issue. We note at the outset that the October 26 and October 27
wildfires caused loss of life, injuries, and extensive damage to
property and natural resources in the City of San Diego, San
Diego County, and other areas of Southern California.28 The
fires spread rapidly via high winds causing city and county
officials to emphasize repeatedly that residents should evacuate
immediately when they were told to do so and that they should pay
attention to the information provided by television stations.29
Police gave evacuation orders in certain areas over bullhorns; it
was therefore especially important for persons with hearing
disabilities, who might not be able to hear the bullhorns, to
have timely warnings to evacuate provided visually on television.
McGraw-Hill's own coverage of the fires illustrates the urgency
and danger of the situation. McGraw-Hill interrupted regular
programming with full coverage of the wildfires. McGraw-Hill
anchors and reporters repeated emergency information many times,
emphasizing the number of persons injured, thousands of acres
burned, and hundreds of houses destroyed. While McGraw-Hill
visually presented some information during this period, it
appears that in numerous instances McGraw-Hill did not make
critical information available to persons with hearing
disabilities.
10. The record shows that, in 12 separate instances from
7:33 a.m. on October 26 to 4:22 p.m. on October 27, McGraw-Hill
aurally provided critical emergency information on areas to be
evacuated, road closures, and the way to take shelter in one's
home, but provided visual presentation of this information, if at
all, only after a substantial delay of at least 30 minutes. The
examples provided above at Paragraph 5 are illustrative. The
information in question concerning evacuations, road closures,
and the way to take shelter in one's home falls squarely within
the Commission's definition of ``emergency information'' because
it is ``[i]nformation, about a current emergency, that is
intended to further the protection of life, health, safety, and
property, i.e., critical details regarding the emergency and how
to respond to the emergency.''30 Indeed, the Commission offered
these categories of information as examples of critical details
covered by the rule.31 In addition, the Commission offered
widespread fires as an example of an emergency covered by the
Commission's rules.32 .
11. As set forth above, video programming distributors
are obligated to provide viewers with hearing disabilities with
the ``same accessibility'' to emergency information as they
provide to other viewers. Here, it is apparent that in numerous
instances McGraw-Hill delayed the visual presentation of
emergency information, thereby failing to provide persons with
hearing disabilities the same access to emergency information
that it provided to other viewers and apparently violating
section 79.2 of our rules. We recognize that real-time closed
captioning is not always available to broadcasters, and that
creating visual information, in certain circumstances, may take
some very short period of time. We emphasize, however, that the
visual presentation of emergency information must be simultaneous
or nearly simultaneous to the aural emergency information to
provide the ``same accessibility'' to emergency information to
persons with hearing disabilities. Nonetheless, as a matter of
convenience in order to preserve our resources, we have exercised
our discretion here to propose a forfeiture for only those
apparent violations where McGraw-Hill provided closed captioning
or other visual presentation of emergency information, if at all,
after a delay of greater than 30 minutes after McGraw-Hill
provided the same information aurally (i.e., those listed in the
text and in Appendix A). It is clear from these examples that
McGraw-Hill's apparent violations left persons with hearing
disabilities without the same critical information the station
gave to its listening audience. We note that our conclusions
here are based on the specific facts and circumstances presented.
We might reach different determinations regarding which apparent
violations to include in an NAL based on a different record. For
example, we might find it more appropriate in other circumstances
and based on different facts to propose a forfeiture for those
apparent violations where a video programming distributor
provides visual presentation of emergency information in less
than 30 minutes after it has provided aural information.
12. In response to the Bureau's Letter of Inquiry,
McGraw-Hill states that the decisions as to what and when
emergency information would be presented visually ``were made by
the news staff exercising their good faith judgment as to how to
best inform the general audience including the deaf and hard of
hearing.''33 McGraw-Hill implies that the Commission's statement
in the Second Report and Order that ``in determining whether
particular details need to be made accessible, we will permit
programmers to rely on their own good faith judgments''34 gives
it unchecked latitude to determine where and when emergency
information should be presented visually. We disagree. The
language of section 79.2(b)(1)(i) is unequivocal: ``[e]mergency
information that is provided in the audio portion of the
programming must be made accessible....''35 While the order
allows video programming distributors to exercise their good
faith judgment in determining which ``particular details'' to
broadcast, nothing in the order suggests that video programming
distributors may rely on this limited exception to excuse a
complete failure to visually present in a timely fashion
categories of critical information that are clearly covered by
the rule. It is not even remotely plausible to suggest that
programmers may refuse to present such basic, critical
information in a wildfire emergency as evacuations, road
closures, shelters, and shelter-at-home advice. Such an
expansive interpretation of the good faith exception would
swallow the rule and render it wholly ineffective.
13. We conclude, therefore, that McGraw-Hill gave aural
emergency information on KGTV 12 separate times on October 26 and
October 27, 2003, but apparently did not provide the same access
to the information to persons with hearing disabilities by using
a method of closed captioning or a method of visual presentation.
Thus, McGraw-Hill apparently violated section 79.2(b)(1)(i) of
the Commission's rules.
IV. FORFEITURE AMOUNT
14. For the time at issue in this case, section
503(b)(2)(A) of the Communications Act authorized the Commission
to assess a forfeiture of up to $27,500 for each violation of the
Act or of any rule, regulation, or order issued by the Commission
under the Act.36 In exercising such authority, we are required
to take into account "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."37 Based on
our review of the record, we conclude that McGraw-Hill is
apparently liable for the willful or repeated violation of our
rules.
15. The Commission's forfeiture guidelines do not
currently establish a base forfeiture amount for violations of
section 79.2(b)(1)(i). Enforcement of the emergency
accessibility rules is important as lives may depend on
compliance. We find that $8,000, the base forfeiture amount for
violations of rules relating to distress and safety frequencies
and for failure to install and operate Emergency Alert System
(``EAS'') equipment is analogous and warranted for apparent
violations of section 79.2(b)(1)(i).38 The purpose of the EAS
and safety frequencies rules are to warn persons of emergencies,
and the purpose of section 79.2(b)(1)(i) is the same. McGraw-
Hill provided aural emergency information without providing
visual presentation on numerous occasions, resulting in 12
apparent violations of the rule for which we propose a
forfeiture. While we believe that a $8,000 base forfeiture
amount for violations of section 79.2(b)(1)(i) is appropriate
generally, a strict application to all 12 apparent violations
here would result in a total proposed forfeiture that is
excessive in light of the circumstances presented. We therefore
propose a forfeiture of $20,000. McGraw-Hill will have the
opportunity to submit further evidence and arguments in response
to this NAL to show that no forfeiture should be imposed or that
some lesser amount should be assessed.39
V. CONCLUSIONS AND ORDERING CLAUSES
16. We have determined that McGraw-Hill Broadcasting
Company, Inc. has apparently willfully or repeatedly violated
section 713 of the Act and section 79.2(b)(1)(i) of the
Commission's rules by failing to make emergency information that
it provided to hearing people accessible to persons with hearing
disabilities, resulting in a proposed forfeiture of $20,000.
17. Accordingly, IT IS ORDERED, pursuant to section
503(b) of 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, that McGraw-Hill Broadcasting Company, Inc. IS HEREBY
NOTIFIED of an Apparent Liability for Forfeiture in the amount of
$20,000 for willful and repeated violations of section 713 of the
Act, 47 U.S.C. § 613, and section 79.2(b)(1)(i) of the
Commission's rules, 47 C.F.R. § 79.2(b)(1)(i), as described in
the paragraphs above and contained in Appendix A.
18. IT IS FURTHER ORDERED, pursuant to section 1.80 of
the Commission's rules, 47 C.F.R. § 1.80, that within thirty (30)
days of the release of this Notice, McGraw-Hill Broadcasting
Company, Inc. SHALL PAY the full amount of the proposed
forfeiture OR SHALL FILE a response showing why the proposed
forfeiture should not be imposed or should be reduced.40
19. IT IS FURTHER ORDERED that payment of the forfeiture
amount should be made by check or similar instrument, payable to
the order of the Federal Communications Commission. The payment
must include the NAL/Acct.No. and FRN No. referenced above.
Payment by check or money order must be mailed to Forfeiture
Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box. 73482, Chicago, IL 60673-7482. Payment by
overnight mail may be sent to Bank One/LB 73482, 525 West Monroe,
8th Floor Mailroom, Chicago, IL 60661. Payment by wire transfer
may be made to ABA Number 071000013, receiving Bank One, and
account number 1165259.
20. The Bureau 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.
21. Requests for payment of the full amount of this
Notice of Apparent Liability under an installment plan should be
sent to: Chief, Revenue and Receivables Operations Group, 445
12th Street, S.W., Washington, D.C., 20554.41
22. IT IS FURTHER ORDERED that copies of this Notice
of Apparent Liability for Forfeiture SHALL BE SENT by certified
mail to Edward W. Hummers, Jr., Holland & Knight LLP, 2099
Pennsylvania Avenue, N.W., Suite 100, Washington, D.C. 20006-
6801, and Derek M. Dalton, Vice President and General Manager,
KGTV, 4600 Air Way, San Diego, CA 92102.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
APPENDIX A
(1) At 7:33 a.m. and during the next five minutes, the
anchor said that since 12:00 midnight, the police had been
evacuating homes in the East County and in San Diego County
Estates. She also advised viewers to stay inside, turn on
their air conditioning, shut the windows and doors, and
limit exercise. McGraw-Hill did not provide closed
captioning or other visual presentation of any portion of
this emergency information until 9:15 a.m., when it provided
visual presentation of some of the emergency information.
The recorded footage that McGraw-Hill provided of its
broadcast does not show any visual presentation of the
remainder of this emergency information through at least
11:10 p.m.42
(2) At 8:03 a.m., reporter Steve Fiorina said that Scripps
Ranch was being evacuated. McGraw-Hill did not provide
closed captioning or other visual presentation of this
emergency information until 9:01 a.m.
(3) At 11:53 a.m., a representative of the American Lung
Association advised viewers to stay indoors, run their air
conditioner with a filter, and avoid exercise. McGraw-Hill
did not provide closed captioning or other visual
presentation of this emergency information through at least
11:10 p.m.
(4) At 12:49 p.m., reporter Elsa Sevilla said that
Tierrasanta residents were being evacuated to Qualcomm
Stadium. McGraw-Hill did not provide closed captioning or
other visual presentation of this emergency information
until 5:55 p.m.
(5) At 3:32 p.m., reporter Kim Edwards said that The Woods
and East Lake in Otay Mesa were being evacuated. McGraw-
Hill did not provide closed captioning or other visual
presentation of this emergency information until 5:46 p.m.
(6) At 4:03 p.m., Ms. Edwards said that East Lake Woods and
East Lake Trails in Otay Mesa were being evacuated.
McGraw-Hill did not provide closed captioning or other
visual presentation of this emergency information until 5:46
p.m.
(7) At 7:17 p.m.,43 a representative of the California
Highway Patrol (``CHP'') stated that Routes I-8, 67, and 52,
Valley Center Road, Lake Wohlford Road, and Cole Grace Road
were closed. McGraw-Hill did not provide closed captioning
or other visual presentation of any portion of this
emergency information until 8:13 p.m., when it provided
visual presentation of some of the emergency information.
McGraw-Hill did not provide any visual presentation of the
remainder of this emergency information through at least
11:10 p.m.
(8) At 8:18 p.m., a CHP representative said that Route 52
was closed. McGraw-Hill did not provide closed captioning
or other visual presentation of this emergency information
until 9:22 p.m.
(9) At 9:22 p.m., a CHP representative said that Wildcat
Canyon Road, Scripps Poway Parkway, Valley Center Road, Old
Highway 80, Poway Road, and Cole Grace Road were closed.
McGraw-Hill did not provide closed captioning or other
visual presentation of this emergency information through at
least 11:10 p.m.
(10) At 10:02 p.m., a representative of the California
Department of Forestry said that Crest and Shadow Mountain
were being evacuated. McGraw-Hill did not provide closed
captioning or other visual presentation of this emergency
information through at least 11:10 p.m.
(11) At 8:15 a.m., on October 27, 2003,44 the San Diego
Police Chief said that Route 52 was closed. McGraw-Hill did
not provide closed captioning or other visual presentation
of this emergency information through at least 8:57 a.m.
(12) At 4:22 p.m., reporter Lauren Reynolds said that
Rancho Jamul, Proctor Valley Road, Melody Lane, and Echo
Valley Road were being evacuated to Balboa Park. McGraw-Hill
did not provide closed captioning or other visual
presentation of any portion of this emergency information
until 5:18 p.m., when it provided visual presentation of
some of the emergency information. McGraw-Hill did not
provide any visual presentation of the remainder of this
emergency information through at least 5:58 p.m.
_________________________
1See 47 U.S.C. § 503(b)(4)(A). The Commission has authority
under this section of the Act to assess a forfeiture penalty
against a broadcast licensee if the Commission determines that
the licensee has "willfully or repeatedly" failed to comply with
the provisions of the Act or with any rule, regulation, or order
issued by the Commission under the Act. For a violation to be
willful, it need not be intentional. Southern California
Broadcasting Co., 6 FCC Rcd 4387 (1991).
247 U.S.C. § 613.
347 C.F.R. § 79.2(b)(1)(i).
4Letter from Edward W. Hummers, Jr., counsel for McGraw-Hill, to
Peter G. Wolfe, Senior Attorney, FCC (June 21, 2004)
(``Response''), Attachment 5.
547 C.F.R. § 79.1(a)(2).
647 C.F.R. § 79.2(b)(1)(i).
7Letter from Colleen K. Heitkamp, Chief, Telecommunications
Consumers Division, Enforcement Bureau, FCC, to Derek M. Dalton,
Vice President and General Manager, KGTV (May 26, 2004) (``Letter
of Inquiry'').
8Response, filed June 21, 2004.
9The specific instances listed here and in Appendix A, all of
which demonstrate McGraw-Hill's apparent failure to provide
visual access to emergency information, form the basis of this
NAL.
10 The examples described in the text all occurred on October 26,
2003.
11McGraw-Hill did not provide videotape of all its wildfire
coverage on October 26 and 27. Specifically, McGraw-Hill did not
provide any videotapes for October 26, 2003 between 11:10 p.m.
and 11:49 p.m., and on October 27, 2003 between 6:58 a.m. and
7:56 a.m., between 8:57 a.m. and 9:32 a.m., between 9:57 a.m. and
11:00 a.m., between 11:59 a.m. and 4:00 p.m., between 5:58 p.m.
and 7:38 p.m. (Showing of first half of Monday Night Football),
and between 7:45 p.m. and 9:22 p.m. (Showing of second half of
Monday Night Football). Consequently, we cannot determine
whether McGraw-Hill, during these gaps of time, visually
presented emergency information that it had previously aurally
presented. In our description of such cases, we note that
McGraw-Hill did not make the emergency information accessible
through at least the beginning of the missing coverage.
12 According to KGTV's time register, the first videotape started
at 6:32 a.m. At 6:49 a.m., the time register skipped to 7:49
a.m. Because of this glitch, we conclude that the correct
starting time was actually 7:32 a.m.
1347 U.S.C § 613.
14Closed Captioning and Video Description of Video Programming,
Implementation of Section 305 of the Telecommunications Act of
1996, and Accessibility of Emergency Programming, Second Report
and Order, 15 FCC Rcd 6615, 6621-22, para. 12 (2000) (``Second
Report and Order'').
1547 C.F.R. § 79.2(b)(1)(i).
16Second Report and Order, 15 FCC Rcd at 6620, para. 11.
17Id. at 6618, para. 8.
18Id. at 6621, para. 11.
19Id. at 6623-24, para. 16.
20Id. at 6619-20, paras. 9, 10 (citing examples of the importance
of timely visual emergency information including an inaccessible
tornado warning that caused delay in evacuation of children and
an inaccessible water contamination warning that caused persons
with hearing disabilities needlessly to incur health risks of
which they were not initially aware). In attempting to determine
the scope of this rule, the Commission expressed concern that the
disabilities community have available ``sufficient information''
with the ``same immediacy'' as other viewers. Closed Captioning
and Video Description of Video Programming, Implementation of
Section 305 of the Telecommunications Act of 1996, and
Accessibility of Emergency Programming, Further Notice of
Proposed Rulemaking, 13 FCC Rcd 5627, 5631 (1998). In addition
to the plain meaning of the ``emergency information,'' the nature
of the critical details described in section 79.2(a)(2) makes
clear that timely visual presentation is required. See Note to 47
C.F.R. § 79.2(a)(2) discussed infra para. 7.
21 47 C.F.R. § 79.2(a)(2).
22Id.
23Second Report and Order, 15 FCC Rcd at 6617, para. 5.
24Id. (emphasis added).
25Note to 47 C.F.R. § 79.2(a)(2) (emphasis added).
26See, e.g., Public Notice, ``Reminder to Video Programming
Distributors of Obligation to Make Emergency Information
Accessible to Persons with Hearing or Vision Disabilities,'' 17
FCC Rcd 14614 (2002); Public Notice, ``Reminder to Video
Programming Distributors of Obligation to Make Emergency
Information Accessible to Persons with Hearing or Vision
Disabilities,'' 18 FCC Rcd 14670 (2003); Public Notice,
``Reminder to Video Programming Distributors of Obligation to
Make Emergency Information Accessible to Persons with Hearing or
Vision Disabilities,'' 19 FCC Rcd 9882 (May 24, 2004).
2747 C.F.R. § 79.1(a)(2).
28See, e.g., KGTV Videotapes; Gregory Alan Gross, Fire Fight, No
End in Sight for Besieged County, Wildfire Devastation Worst in
Three Decades, S.D. UNION-TRIBUNE, Oct. 27, 2003, at A1.
29 KGTV Videotapes.
3047 C.F.R. § 79.2(a)(2). In addition, the information here was
primarily intended for the audience in the geographic area where
the emergency was occurring. 47 C.F.R. § 79.2(b)(1)(i).
31Id.
32Id.
33 Response at 2.
34Second Report and Order, 15 FCC Rcd at 6617, para. 5 (emphasis
added). For example, if the station reported aurally that an
evacuation order was announced at 1:00 p.m., it could reasonably
exercise its discretion to omit the time the order was announced
as long as the station visually presented the existence of the
evacuation order.
3547 C.F.R. § 79.2(b)(1)(i) (emphasis added).
36Specifically, section 503(b)(2)(A) provides for forfeitures up
to $25,000 for each violation or a maximum of $250,000 for each
continuing violation by (i) a broadcast station licensee or
permittee, (ii) a cable television operator, or (iii) an
applicant for any broadcast or cable television operator license,
permit, certificate or similar instrument. 47 U.S.C. §
503(b)(2)(A). The Commission amended its rules by adding a new
subsection to its monetary forfeiture provisions that
incorporates by reference the inflation adjustment requirements
contained in the Debt Collection Improvement Act of 1996 (DCIA),
Pub L. No. 104-134, § 31001, 110 Stat. 1321 (1996). Thus, the
maximum statutory forfeiture per violation pursuant to section
503(b)(2)(A) increased from $25,000 to $27,500. See Amendment of
Section 1.80(b) of the Commission's Rules and Adjustment of
Forfeiture Maxima to Reflect Inflation, 15 FCC Rcd. 18,221
(2000). We note that the Commission recently increased the per
violation amount again to $32,500. See Amendment of Section
1.80(b) of the Commission's Rules and Adjustment of Forfeiture
Maxima to Reflect Inflation, 2004 WL 1366972, FCC 04-139 (rel.
June 18, 2004); 69 FR 47788 (establishing an effective date of
September 7, 2004).
37See 47 U.S.C. § 503(b)(2)(D); see also The Commission's
Forfeiture Policy Statement and Amendment of Section 1.80 of the
Commission's Rules, 12 FCC Rcd 17,087 (1997); recon. denied, 15
FCC Rcd 303 (1999).
38See 47 C.F.R. § 1.80(b)(4).
39See 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3).
40If McGraw-Hill chooses to respond, it should mail its response
to Colleen Heitkamp, Chief, Telecommunications Consumers
Division, Enforcement Bureau, Federal Communications Commission,
445 12th Street, S.W. Room-4C224, Washington, D.C. 20554, and
must include the file number listed above. It should also send
an electronic copy of its response to Mark Stone, Deputy Chief,
Telecommunications Consumers Division, at mark.stone@fcc.gov and
Peter Wolfe, Senior Attorney, Telecommunications Consumers
Division, at peter.wolfe@fcc.gov.
41 7 C.F.R. § 1.1914.
42 See n.10.
43 Examples 1-10 occurred on October 26, 2003.
44 Examples 11 and 12 occurred on October 27, 2003.