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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
P&Y Broadcasting Corporation ) File No. EB-10-LA-0265
Antenna Structure Registrant ) NAL/Acct. No.: 201232900001
Los Angeles, California ) FRN: 0016908238
ASR No. 1246297 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: October 19, 2011 Released: October 21, 2011
By the District Director, Los Angeles Office, Western Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
P&Y Broadcasting Corporation ("P&Y Broadcasting"), owner of antenna
structure number 1246297, in Los Angeles, California, apparently
willfully and repeatedly violated section 17.57 of the Commission's
rules ("Rules") by failing to immediately notify the Commission of a
change in ownership information for antenna structure number 1246297.
We conclude that P&Y Broadcasting is apparently liable for a
forfeiture in the amount of three thousand dollars ($3,000).
II. BACKGROUND
2. On December 7, 2010, an agent of the Enforcement Bureau's Los Angeles
Office ("Los Angles Office") inspected antenna structure number
1246297, located in Los Angeles, California. A search of the
Commission's Antenna Structure Registration ("ASR") database revealed
that the antenna structure was registered to Rose City Radio
Corporation.
3. On December 9, 2010, the Los Angeles agent contacted Rose City Radio
Corporation and was informed by an employee that antenna structure
number 1246297, and Station KMPC(AM), had been sold to P&Y
Broadcasting a few years earlier. On December 15, 2010, the agent
contacted P&Y Broadcasting and was told by P&Y Broadcasting's Chief
Strategy Officer that P&Y Broadcasting had purchased the antenna
structure a few years earlier as part of the acquisition of Station
KMPC(AM) from a previous licensee. On March 2, 2011, the Los Angeles
Office sent a Letter of Inquiry to P&Y Broadcasting. On March 21,
2011, P&Y Broadcasting updated the ASR information for antenna
structure number 1246297 to reflect its ownership of the structure. On
March 25, 2011, in its LOI Response, P&Y Broadcasting stated that it
had purchased the antenna structure as part of the acquisition of
Station KMPC(AM) and that the transaction was consummated on January
14, 2008.
III. DISCUSSION
4. Section 503(b) of the Communications Act of 1934, as amended ("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. 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. The legislative history to section 312(f)(1) of the
Act clarifies that this definition of willful applies to both section
312 and 503(b) of the Act and the Commission has so interpreted the
term in the section 503(b) context. The Commission may also assess a
forfeiture for violations that are merely repeated, and not willful.
The term "repeated" means the commission or omission of such act more
than once or for more than one day.
5. Section 17.57 of the Rules requires the owner of an antenna structure
to immediately notify the Commission, using FCC Form 854, upon any
change in ownership information. It is required that antenna
structure owners maintain current antenna structure registration
information with the Commission and post ASR numbers at the base of
antenna structures to allow for easy contact if problems arise. P&Y
Broadcasting acquired antenna structure number 1246297 on January 14,
2008, but failed to update the ownership information for the antenna
structure until March 21, 2011, and only after receiving an LOI from
the Los Angeles Office. From January 14, 2008, until March 21, 2011,
P&Y Broadcasting failed to notify the Commission that it had acquired
antenna structure number 1246297. Based on the evidence before us, we
find that P&Y Broadcasting apparently willfully and repeatedly
violated section 17.57 of the Rules by failing to immediately notify
the Commission about a change in ownership for antenna structure
number 1246297.
6. Pursuant to the Commission's Forfeiture Policy Statement and section
1.80 of the Rules, the base forfeiture amount for failure to file
forms or required information is $3,000. 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, any 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 P&Y Broadcasting is apparently liable for a $3,000 forfeiture.
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, 0.204,
0.311, 0.314 and 1.80 of the Commission's rules, P&Y Broadcasting
Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of three thousand dollars ($3,000) for
violation of section 17.57 of the Rules.
8. 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, P&Y Broadcasting
Corporation SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
9. 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 TREAS/NYC, 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 about payment
procedures, please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. P&Y Broadcasting
Corporation shall send electronic notification on the date said
payment is made to WR-Response@fcc.gov.
10. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
to Federal Communications Commission, Enforcement Bureau, Western
Region, Los Angeles Office, 18000 Studebaker Rd., Suite 660, Cerritos,
CA 90703 and include the NAL/Acct. No. referenced in the caption. P&Y
Broadcasting Corporation shall also email the written response to
WR-Response@fcc.gov.
11. 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.
12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent both by Certified Mail, Return Receipt
Requested, and regular mail, to P&Y Broadcasting Corporation, 3700
Wilshire Boulevard, Suite 510, Los Angeles, California, 90010.
FEDERAL COMMUNICATIONS COMMISSION
Nader Haghighat,
District Director
Los Angeles Office
Western Region
Enforcement Bureau
47 C.F.R. S: 17.57.
Antenna structure number 1246297 is required to have painting and lighting
in accordance with FAA Chapters 4, 5, 12, FAA Circular Number 70/7460-1K.
P&Y Broadcasting is also the licensee of Station KMPC(AM), Los Angeles,
California, and utilizes antenna structure number 1246297 to broadcast
KMPC(AM).
See Letter of Inquiry from Nader Haghighat, District Director, Los Angeles
Office, Western Region, Enforcement Bureau, to P&Y Broadcasting
Corporation, dated March 2, 2011 ("LOI").
See Letter from Phill Sohn, Chief Executive Office, P&Y Broadcasting
Corporation, to Nader Haghighat, District Director, Los Angeles Office,
Western Region, Enforcement Bureau, dated March 25, 2011 ("LOI Response").
47 U.S.C. S: 312(f)(1).
H.R. Rep. No 97-765, 97th Cong. 2d Sess. 51 (1982) ("This
provision[inserted in section 312] defines the terms `willful' and
`repeated' for purposes of section 312, and for any other relevant section
of the [A]ct (e.g., section 503).... As defined... `willful' means that
the licensee knew that he was doing the act in question, regardless of
whether there was an intent to violate the law. `Repeated' means more than
once, or where the act is continuous, for more than one day. Whether an
act is considered to be `continuous' would depend upon the circumstances
in each case. The definitions are intended primarily to clarify the
language in sections 312 and 503, and are consistent with the Commission's
application of those terms...").
See, e.g., Application for Review of Southern California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon. denied,
7 FCC Rcd 3454 (1992) ("Southern California Broadcasting Co.").
See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
television operator's repeated signal leakage).
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. S: 17.57.
See, e.g., American Tower Corporation, Notice of Apparent Liability, 16
FCC Rcd 1282 (2001) (Commission proposed $3,000 per violation by antenna
structure owner for failure to update antenna structure registration
thereby complicating Commission's staff ability to contact antenna
structure owners); American Tower Corporation, Consent Decree, 16 FCC Rcd
14937 (2001).
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S:1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
17.57.
See 47 C.F.R. S: 1.1914.
47 C.F.R. S:S: 1.80(f)(3), 1.16.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 11-1745
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Federal Communications Commission DA 11-1745