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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
CSN International File Number: EB-06-TP-027
)
Licensee of WYJC (FM), Tallahassee, NAL/Acct. No. 200732700001
Florida )
FRN 0008-1031-37
Facility ID No. 122010 )
)
ORDER
Adopted: November 8, 2006 Released: November 13, 2006
By the Regional Director, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. By this Order ("Order"), we cancel the proposed four thousand dollar
($4,000) forfeiture issued to CSN International, licensee of WYJC(FM),
Tallahassee, Florida ("CSN") for the apparent willful violation of
Section 73.3527 of the Commission's Rules. We also admonish CSN for
failing to make available a complete public inspection file.
II. BACKGROUND
2. On April 6, 2006, agents from the Commission's Tampa Office of the
Enforcement Bureau ("Tampa Office") conducted an inspection of station
WYJC located in Tallahassee, Florida. During regular business hours,
the agents requested to inspect the station's public inspection file.
The station's General Manager was unable to produce copies of the
station's Issues-Program lists for any quarter or copies of the
station's local public notice announcements.
3. On October 4, 2006, the Tampa Office issued a Notice of Apparent
Liability for Forfeiture to CSN in the amount of four thousand dollars
($4,000) for the apparent willful violation of Section 73.3527 of the
Rules. On October 13, 2006, the Tampa Office received CSN's response
to the NAL requesting a reduction or cancellation of the proposed
forfeiture.
III. DISCUSSION
4. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act, Section 1.80 of the Rules, and The
Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd
17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy
Statement"). In examining CSN's response, Section 503(b) of the Act
requires that the Commission 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 other such matters as justice may
require.
5. Section 73.3527(a)(2) of the Rules requires non-commercial broadcast
stations to maintain for public inspection, a file containing
materials listed in that section. Section 73.3527(c)(1) of the Rules
states that the file shall be available for public inspection at any
time during regular business hours. Section 73.3527(e)(8) of the Rules
requires licensees to place in the 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. This list is known as the radio issues/programs
list. The list for each calendar quarter is to be filed by the tenth
day of the succeeding calendar quarter. Section 73.3527(e)(10) of the
Rules requires applicants for renewal of licenses to place in the
public inspection file local public notice announcements. On April 6,
2006, in response to a request made to inspect the station's public
file during normal business hours, station WYJC was unable to produce
any copies of the station's radio issues/programs lists for any
quarter or any copies of the station's local public notice
announcements, and there was no evidence that these items were ever in
the file.
6. In its response to the NAL, CSN requests that the forfeiture be
cancelled or reduced because it has only been on the air since August
2005 and its license was granted November 9, 2005. It also notes that
it is not a renewal applicant and is not required to maintain local
public notice announcements. Based on this new information, we cancel
the proposed forfeiture for violation of Section 733527 of the Rules.
CSN, however, is incorrect that it was not required to maintain any
issues/programs lists in its public file. Accordingly, we admonish CSN
for failing to maintain and make available a complete public
inspection file.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
1.80(f)(4) of the Commission's Rules, the forfeiture in the amount of
four thousand dollars ($4,000) for violation of Section 73.3527 of the
Rules proposed in the October 4, 2006 Notice of Apparent Liability
issued to CSN International IS CANCELED.
8. IT IS FURTHER ORDERED that CSN International IS ADMONISHED for failure
to make available a complete public inspection file in willful
violation of Section 73.3527 of the Commission's Rules.
9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class and Certified Mail Return Receipt Requested to CSN International
at its record of address and to its attorney, Lauren A. Colby,
Attorney at Law, PO Box 113, Frederick, MD 21705-0113.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
47 C.F.R S 73.3527.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732700001
(Enf. Bur., Tampa Office, October 4, 2006) ("NAL").
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
47 U.S.C. S 503(b)(2)(D).
47 C.F.R. S 73.3527(a)(2).
47 C.F.R. S 73.3527(e)(8).
47 C.F.R. S 73.3527(e)(10).
Section 73.3527(a)(1) of the Rules states that once an application for a
construction permit for a new station is granted, paragraph (a)(2) of this
section shall apply. Paragraph (a)(2), as discussed above, requires
non-commercial broadcast stations to maintain the materials described in
paragraphs (e)(1) through (e)(11) of this section. According to the
Commission's database, the original construction permit for station
WKJC(FM) was granted August 9, 2002. However, as station WKJC(FM) went on
the air in August 2005, it did not air any programs dealing with community
issues prior to August 2005.
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 17.51(a).
Federal Communications Commission DA 06-2290
2
Federal Communications Commission DA 06-2290