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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                               )                             
                                                   File No.: EB-11-DT-0200   
     In the Matter of                          )                             
                                                   NAL/Acct. No.:            
     J & J Broadcasting, Inc.                  )   201232360008              
                                                                             
     Licensee of Radio Stations WIMI (FM)      )   FRN: 0015161508           
     and WJMS(AM), Ironwood, Michigan                                        
                                               )   Facility ID Nos.: 57226,  
     Antenna Structure Owner                       57223                     
                                               )                             
                                                   ASR No.: 1035236          
                                               )                             


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: August 20, 2012 Released: August 21, 2012

   By the District Director, Detroit Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that J & J Broadcasting, Inc. (J & J), licensee of Stations
       WIMI(FM) and WJMS(AM) (Stations) in Ironwood, Michigan, and owner of
       antenna structure number 1035236 (Antenna Structure) in Montreal,
       Wisconsin, apparently willfully and repeatedly violated Sections
       73.3526(e)(12) and 17.57 of the Commission's rules (Rules) by failing
       to maintain and make available the quarterly issues/programs lists in
       the public inspection file and failing to immediately notify the
       Commission upon change in ownership information. We conclude that J &
       J is apparently liable for a forfeiture in the amount of thirteen
       thousand dollars ($13,000). In addition, we direct J & J to submit, no
       later than thirty (30) calendar days from the date of this NAL, a
       statement signed under penalty of perjury stating that the Stations
       are now in compliance with Sections 73.3526(e)(12) and 17.57 of the
       Rules.

   II. BACKGROUND

    2. On September 14, 2011, an agent from the Enforcement Bureau's Detroit
       Office conducted an inspection with the Stations' General Manager and
       Sales Manager at the Stations' co-located main studio in Ironwood,
       Michigan. The agent reviewed the materials in each station's public
       inspection file and found that neither station had quarterly
       issues/programs lists since J & J's acquisition of the Stations on
       February 1, 2010, i.e., a total of five missing quarterly
       issues/programs lists. The General Manager was not able to provide any
       explanation as to why the issues/program lists were missing.

    3. After conducting the main studio inspection, the agent inspected the
       Antenna Structure for FM Station WIMI. At the time of the inspection,
       the Antenna Structure's registration specified that the owner was
       Roberts Broadcasting, Inc. DBA WIMI FM, one of the former owners of
       the Stations. According to the Stations' Chief Operator, J & J
       acquired the Antenna Structure in 2010 when it acquired the Stations.

   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 Sections 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. 

     A. Failure to Maintain Issues/Program Lists

    5. The evidence in this case is sufficient to establish that J & J
       violated Section 73.3526(a)(2) of the Rules. Section 73.3526(a)(2) of
       the Rules requires broadcast stations to maintain for public
       inspection a file containing materials listed in that section. Section
       73.3526(c)(1) of the Rules specifies that the file shall be available
       for public inspection at any time during regular business hours, and
       Section 73.3526(e)(12) of the Rules specifically requires licensees to
       place in their public inspection file 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 (known as
       the issues/programs list). The issues/programs lists must include "a
       brief narrative describing what issues were given significant
       treatment and the programming that provided this treatment,"
       including, but not limited to, the time, date, duration, and title of
       each program in which the issue was treated. Copies of the
       issues/programs list must be retained in the public inspection file
       until final action has been taken on the station's next license
       renewal application.

    6. On September 14, 2011, an agent reviewed the Stations' public
       inspection files and found that they were missing all five quarters of
       issues/programs lists since J & J acquired the Stations on February 1,
       2010. Accordingly, based on the evidence before us, we find that J & J
       apparently willfully and repeatedly violated Section 73.3526(e)(12) of
       the Rules by failing to maintain the issues/programs lists and make
       them available in the Stations' public inspection files.

     A. Failure to Update Antenna Structure Registration Database

    7. Section 17.57 of the rules requires that the owner of an antenna
       structure for which an Antenna Structure Registration Number has been
       obtained must immediately notify the Commission upon any change in
       ownership information. On February 1, 2010, J & J acquired ownership
       of the Stations and the associated Antenna Structure. At the time of
       the inspection on September 14, 2011, one of the previous owners,
       Roberts Broadcasting, Inc. DBA WIMI FM, was still listed as the owner
       on the antenna structure registration. Accordingly, based on the
       evidence before us, we find that J & J apparently willfully and
       repeatedly violated Section 17.57 of the Rules.

     A. Proposed Forfeiture Amount and Reporting Requirement

    8. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for violation of the
       public file rule is $10,000 and for failing to file required forms or
       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 J & J is apparently liable for a total forfeiture in the amount
       of $13,000, consisting of $10,000 for its failure to maintain any
       quarterly issues/programs lists since it acquired the Stations on
       February 1, 2010 and $3,000 for its failure to notify the FCC that it
       acquired ownership of the Antenna Structure.

    9. We direct J&J to submit a statement signed under penalty of perjury by
       an officer or director of J & J stating that: (1) the radio
       issues/program lists are being compiled, (2) the radio issues/program
       lists are being placed in the public inspection file by the tenth day
       of the succeeding calendar quarter, and (3) the FCC has been notified
       using FCC Form 854 that J & J Broadcasting owns antenna structure
       number 1035236. This statement must be provided to the Detroit Office
       at the address listed in paragraph 12  within thirty (30) calendar
       days of the release date of this Notice of Apparent Liability for
       Forfeiture and Order.

   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, 0.204,
       0.311, 0.314, and 1.80 of the Commission's rules, J & J Broadcasting,
       Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of thirteen thousand dollars ($13,000) for violation of
       Sections 73.3526(e)(12) and 17.57 of the Rules.

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture and Order, J
       & J Broadcasting, 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 J & J Broadcasting, Inc. SHALL SUBMIT a
       written statement, as described in paragraph 9, within thirty (30)
       calendar days of the release date of this Notice of Apparent Liability
       for Forfeiture and Order. The statement must be mailed to Federal
       Communications Commission, Enforcement Bureau, Northeast Region,
       Detroit Office, 24897 Hathaway Street, Farmington Hills, Michigan,
       48335. J & J shall also e-mail the written statement to 
       NER-Response@fcc.gov.

   13. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. J & J shall also send electronic
       notification on the date said payment is made to NER-Response@fcc.gov.
       Regardless of the form of payment, a completed FCC Form 159
       (Remittance Advice) must be submitted. When completing the FCC Form
       159, enter the Account Number in block number 23A (call sign/other ID)
       and enter the letters "FORF" in block number 24A (payment type
       code).   Below are additional instructions you should follow based on
       the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated. 

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. 

   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 1.16 and 1.80(f)(3) of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Northeast
       Region, Detroit Office, 24897 Hathaway Street, Farmington Hills,
       Michigan, 48335, and include the NAL/Acct. No. referenced in the
       caption. J & J Broadcasting, Inc.  also shall email the written
       response to NER-Response@fcc.gov.

   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 both Certified Mail, Return
       Receipt Requested, and first class mail to J & J Broadcasting, Inc. at
       P.O. Box 250, Ironwood, Michigan 49938.

   FEDERAL COMMUNICATIONS COMMISSION

   James A. Bridgewater

   District Director

   Detroit Office

   Northeast Region

   Enforcement Bureau

   47  C.F.R. S: S:73.3526(a)(12) and 17.57.

   See BALH-20090717ABC, granted August 31, 2009 and consummated on February
   1, 2010.

   47 U.S.C. S: 503(b).

   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 act
   (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, para. 8 (1991),
   recons. denied, 7 FCC Rcd 3454 (1992).

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 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." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362, para. 9.

   47 C.F.R. S: 73.3526(a)(2).

   47 C.F.R. S: 73.3526(c)(1).

   47 C.F.R. S: 73.3526(e)(12).

   Id.

   Id.

   47 C.F.R. S: 17.57.

   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), recons. 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, and 73.3526(e)(12).

   An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-1350

                                       5

   Federal Communications Commission DA 12-1350