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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Community Television of Southern )
California
) File Number: EB-10-LA-0214
Licensee of Noncommercial
Educational TV ) NAL/Acct. No.: 201132900003
Station KCET, Los Angeles, ) FRN: 0001529213
California
)
Facility ID. No. 13058
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: February 4, 2011 Released: February 8, 2011
By the District Director, Los Angeles District Office, Western Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Community Television of Southern California, Licensee of
Noncommercial Educational TV Station KCET, Los Angeles, California
("Community Television"), apparently willfully and repeatedly violated
Section 73.3527(c) of the Commission's rules ("Rules") by failing to
make available the Station KCET public inspection file. We conclude
that Community Television is apparently liable for a forfeiture in the
amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. On August 19, 2010, an agent from the Enforcement Bureau's Los Angeles
District Office visited Station KCET's main studio at 4401 Sunset
Boulevard, Los Angeles, California and, without identifying himself as
an FCC agent, requested to view the station's public inspection file.
The security guard at the facility gave the agent a telephone number
and advised him that he must make an appointment by calling the
telephone number in order to access Station KCET's pubic inspection
file. The security guard also denied the agent's request to speak with
a station manager without a scheduled appointment. The agent left the
premises without being able to view the public inspection file.
3. On August 20, 2010, around 11:20 a.m., the Los Angeles agent arrived
at Station KCET's entrance gate and requested entrance to the Station
KCET main studio to inspect the station's public inspection file. The
security guard again prevented the agent from entering the building,
stating that the agent did not have the necessary appointment with the
station to enter the Station KCET main studio. Once again, the agent
requested to speak with a station manager. This request was again
denied by the security guard, and the agent left the premises without
being able to access the public inspection file.
4. On August 20, 2010, around 1:10 p.m., the agent returned to Station
KCET's entrance gate and again requested access to the station's
public inspection file. The security guard asked the agent whether he
had made an appointment with Station KCET personnel. The agent then
showed his FCC badge and credentials to the security personnel and
requested an FCC inspection of the Station KCET public inspection
file. After a thorough examination of the agent's badge and several
phone calls to Station KCET personnel inside the building, the agent
was allowed to go inside of the facility and view the public
inspection file. The agent found that the Station KCET public
inspection file was complete.
5. Prior to reviewing the public inspection file, the agent interviewed
the Executive Assistant for Station KCET. When the agent asked why he
was repeatedly denied access to the public inspection file, the
Executive Assistant stated that the General Counsel of Station KCET
was not in the office during those two days and that she did not know
the exact organizational rules regarding public access to the
station's public inspection file. After reviewing the public
inspection file, the agent asked the Security Supervisor the same
question. The Security Supervisor, also an employee of Station KCET,
stated that, in general, people had to make an appointment to enter
the Station KCET facility and that he was just following Station
KCET's security protocol to conduct this screening at the entrance
gate.
III. DISCUSSION
6. 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. The term
"willful" as used in Section 503(b) has been interpreted to mean
simply that the acts or omissions are committed knowingly. The term
"repeated" means the commission or omission of such act more than once
or for more than one day.
7. Section 73.3527(c) of the Commission's rules requires noncommercial
educational stations to provide access to materials in the public
inspection file. Specifically, the rule requires that "[t]he file
shall be available for public inspection at any time during regular
business hours." All broadcast stations have an obligation to serve
their local community's needs and interests and to comply with
programming and other rules. Because we do not monitor a station's
programming, viewers and listeners are a vital source of information
about the programming and possible rule violations. The documents in
each station's public inspection file contain information about the
station that can assist the public in serving this important role.
8. Community Television failed to make available Station KCET's public
inspection file during three visits by the Los Angeles agent on August
19 and 20, 2010. Stations cannot require members of the public to make
appointments to access a station's public inspection file. In this
case, Station KCET employees instructed the Los Angeles agent during
three separate visits that he must first make an appointment before he
would be allowed to access the public inspection file. While the
Commission has found that brief, security-related delays to access a
public file are reasonable, here, Community Television did not briefly
delay access to the file - it denied any access, absent an
appointment. Based on the evidence before us, we find that Community
Television apparently willfully and repeatedly violated Section
73.3527(c) by failing to make available Station KCET's public
inspection file.
9. Pursuant to the Commission's Forfeiture Policy and Section 1.80 of the
Rules, the base forfeiture for violations of the public inspection
file rules is $10,000. 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, and history of prior offenses,
ability to pay, and other such matters as justice may require.
Applying the Forfeiture Policy Statement, Section 1.80, and the
statutory factors to the instant case, we conclude that Community
Television is apparently liable for a $10,000 forfeiture.
I. ORDERING CLAUSE
10. 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 of the Commission's Rules, Community Television is hereby
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of
$10,000 for willfully and repeatedly violating Section 73.3527(c) of
the Commission's rules.
11. 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, Community Television of
Southern California, SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
12. 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 NAL/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. Please contact the Financial Operations
Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
any questions regarding payment procedures. Community Television of
Southern California shall also send electronic notification on the
date said payment is made to WR-Response@fcc.gov.
13. 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. The written statement must
be mailed to Federal Communications Commission, Enforcement Bureau,
Western Region, Los Angeles Office, 18000 Studebaker Rd., #660,
Cerritos, CA 90703 and must include the NAL/Acct. No. referenced in
the caption. An electronic copy shall be sent to WR-Response@fcc.gov.
14. 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.
15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Community Television of Southern
California, 4401 Sunset Blvd., Los Angeles, CA 90027.
FEDERAL COMMUNICATIONS COMMISSION
Nader Haghighat
District Director
Los Angeles Office
Western Region
Enforcement Bureau
47 C.F.R. S: 73.3527(c).
47 U.S.C. S: 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he term `willful', when used with reference to the
commission or omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any intent to violate
any provision of this Act or any rule or regulation of the Commission
authorized by this Act...." See, e.g., Southern California Broadcasting
Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7
FCC Rcd 3454 (1992).
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: 73.3527(c).
Gaston College, Notice of Apparent Liability for Forfeiture, 22 FCC Rcd
4556, 4558 (Enf. Bur., Investigations & Hearings Div. 2007), forfeiture
assessed in Forfeiture Order, 25 FCC Rcd 982 (Enf. Bur. 2010).
Riverside Broadcasting, Inc., Notice of Apparent Liability for Forfeiture,
15 FCC Rcd 18322, 18323 (Enf. Bur., Investigations & Hearings Div. 2000).
See Public Notice: Availability of Locally Maintained Records for
Inspection by Members of the Public, 13 FCC Rcd. 17959 (Mass Med. Bur.
1998)
See Isothermal Community College, Memorandum Opinion and Order, 16 FCC Rcd
21360, 21363-64 (Enf. Bur. 2001) (finding that a delay of approximately
ten minutes to satisfy legitimate security concerns may be reasonable when
a request is made to access a station's public inspection file).
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), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S: 1.80.
9 47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80, 73.3527(c).
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission DA 11-216
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Federal Communications Commission DA 11-216