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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Crocodile Broadcasting Corp., Inc ) File Number EB-10-OR-0090
Licensee of Station KGLA(AM) ) NAL/Acct. No. 201132620001
Gretna, LA ) FRN: 00008354904
Facility ID Number: 14538 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted: February 7, 2011 Released: February 9, 2011
By the District Director, New Orleans Office, South Central Region,
Enforcement Bureau:
I. Introduction
1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"),
we find that Crocodile Broadcasting Corp., Inc., ("CBC"), licensee of
Station KGLA(AM), Gretna, LA, apparently willfully and repeatedly
violated sections 73.1745(a) and 73.3526 of the Commission's Rules
("Rules") by: (1) operating at times other than those specified in its
license; and (2) failing to maintain and make available a complete
public inspection file. We conclude that CBC is apparently liable for
a forfeiture in the amount of fourteen thousand dollars ($14,000). We
further order CBC to submit a sworn statement certifying that it is
currently in compliance with sections 73.1745(a), and 73.3526 of the
Rules.
II. BACKGROUND
2. Station KGLA(AM) is a daytime-only station, authorized to operate
during the daytime hours and for a limited period of time before and
after sunset. During the month of October, Station KGLA(AM) has
post-sunset authority to operate only until 8:30 p.m. local time.
3. On October 28 and 29, 2010, in response to a complaint of
interference, an agent from the Enforcement Bureau's New Orleans
Office ("New Orleans Office") observed Station KGLA(AM) operating
after 8:30 p.m. local time. On November 2, 2010, agents from the New
Orleans Office, accompanied by the station's general manager,
inspected the station's main studio during normal business hours. When
questioned about night-time operations, the general manager admitted
that the station had been operating at reduced power throughout the
night for a number of years. He stated that he thought the station was
authorized to operate at night. In addition, the general manager was
unable to produce a complete public inspection file. The station's
public inspection file was missing a copy of the current station
authorization, the most recent license application, and the most
recent eight issues/programs lists.
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. The term
"willful" as used in section 503(b) of the Act 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.
5. Section 73.1745(a) of the Rules requires that "[n]o broadcast station
shall operate at times, or with modes or power, other than those
specified and made a part of the license, unless otherwise provided"
under the Rules. Station KGLA(AM)'s license specifies that the station
must cease operation at 8:30 p.m. local time during the month of
October. On October 28 and 29, 2010, agents observed Station KGLA(AM)
operating after 8:30 p.m. local time. On November 2, 2010, Station
KGLA(AM)'s general manager admitted that the station had been
operating overnight for several years. Thus, based on the evidence
before us, we find that CBC apparently willfully and repeatedly
violated section 73.1745(a) of the Rules by operating at times not
specified in its license on October 28 and 29, 2010.
6. Section 73.3526 of the Rules states that "[e]very permittee or
licensee of an AM, FM, TV or a Class A station in the commercial
broadcast services shall maintain a public inspection file containing
the material" set forth in this section. The public inspection file
must be maintained at the main studio of the station, and must be
available for public inspection at any time during regular business
hours. Section 73.3526(e)(12) of the Rules states that "every three
months a list of programs that have provided the station's most
significant treatment of community issues during the preceding three
month period [must be maintained in the public inspection file]. [ . .
. ] The lists described in this paragraph shall be retained in the
public inspection file until final action has been taken on the
station's next license renewal application."
7. On November 2, 2010, during regular business hours, agents of the New
Orleans Office requested to inspect Station KGLA(AM)'s public
inspection file at the station's main studio. The file produced was
missing the most recent eight issues/programs lists, as well as a copy
of the current station authorization and its most recent license
application. Thus, based on the evidence before us, we find that CBC
apparently willfully and repeatedly violated section 73.3526 by
failing to maintain a complete public inspection file. We also find
that CBC apparently willfully violated section 73.3526 by failing to
make available a complete public inspection file.
8. Pursuant to the Commission's Forfeiture Policy Statement and section
1.80 of the Rules, the base forfeiture amount for: (1) exceeding power
limits is $4,000; and (2) violation of 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 of the Rules,
and the statutory factors to the instant case, we conclude that CBC is
apparently liable for a $14,000 forfeiture.
9. We direct CBC to submit a statement signed under penalty of perjury by
an officer or director of CBC stating that: (1) Station KGLA is
powering down after sunset as specified in its station authorization;
and (2) a complete public inspection file is available at Station
KGLA's main studio. This statement must be provided to the New Orleans
Office at the address listed in paragraph 14 within thirty days of the
release date of this Notice of Apparent Liability for Forfeiture.
IV. ORDERING CLAUSES
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,
0.314 and 1.80 of the Commission's Rules, Crocodile Broadcasting
Corp., Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of fourteen thousand dollars ($14,000) for
violations of sections 73.1745(a) and 73.3526 of the 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 and Order, Crocodile
Broadcasting Corp., Inc., SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
12. IT IS FURTHER ORDERED that Crocodile Broadcasting Corp. SHALL SUBMIT a
sworn statement as described in paragraph 9 to the New Orleans Office
within thirty days of the release date of this Notice of Apparent
Liability for Forfeiture and Order.
13. 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. 20554.8 If you have questions, please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov. CBC shall also send electronic notification on
the date said payment is made to SCR-Response@fcc.gov.
14. 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, South Central
Region, New Orleans Office, 2424 Edenborn Avenue, Suite 460, Metairie, LA
70001, and must include the NAL/Acct. No. referenced in the caption.
15. 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.
16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture and Order shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Crocodile Broadcasting Corp., Inc., at
3850 North Causeway Boulevard, Lakeway II, Suite 442, Metairie, LA 70002.
FEDERAL COMMUNICATIONS COMMISSION
Walter Gernon
District Director
New Orleans Office
South Central Region
Enforcement Bureau
47 C.F.R. S:S: 73.1745(a), 73.3526.
Id.
Revised Parameters for Operation under Post-Sunset Authority (PSSA),
February 28, 2007.
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 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: 73.1745(a).
47 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S: 73.3526(b).
47 C.F.R. S: 73.3526(c).
47 C.F.R. S: 73.3526(e)(12).
12 FCC Rcd 17087 (1997), 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, 0.311, 0.314, 1.80, 73.1745(a),
73.3526.
8 See 47 C.F.R. S: 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 11-229
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Federal Communications Commission DA 11-229