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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                 
                                                                     
     In the Matter of              ))   File N0.: EB-11-PA-0156      
                                                                     
     Curran Communications, Inc.   )    NAL/Acct. No.: 201232400003  
                                                                     
     Licensee of AM Station WPAM   )    Facility ID #: 14741         
                                                                     
     Pottsville, Pennsylvania      )    FRN: 0003789781              
                                                                     
                                   )                                 


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: February 14, 2012 Released: February 14, 2012

   By the Acting District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Curran Communications, Inc. (Curran), licensee of AM
       Station WPAM, in Pottsville, Pennsylvania (Station), apparently
       willfully and repeatedly violated Section 73.3526(e)(12)  of the
       Commission's rules (Rules) by failing to maintain and make available
       the quarterly issues/programs lists in the local public inspection
       file. We conclude that Curran is apparently liable for a forfeiture in
       the amount of ten thousand dollars ($10,000). We further direct Curran
       to submit a written statement signed under penalty of perjury stating
       that the Station is now in compliance with Section 73.3526(e)(12) of
       the Rules.

   II. BACKGROUND

    2. On August 10, 2011, agents from the Enforcement Bureau's Philadelphia
       Office conducted an inspection with the Station's chief operator at
       the Station's main studio in Pottsville, Pennsylvania. The agents
       reviewed the materials in the Station's public inspection file and
       found that the station was missing twenty quarterly issues/programs
       lists, i.e., all quarterly issues/programs lists since the Commission
       granted the Station's renewal application on July 28, 2006. The agent
       asked the Station's chief operator if any of the quarterly radio
       issues program lists were available. The chief operator responded that
       the Station does not maintain such records.

   III. DISCUSSION

    3. 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. 

     A. Failure to Maintain Issues/Programs Lists

    4. 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, 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
       issues/programs list and must include a brief narrative describing
       what issues were given significant treatment and the programming that
       provided this treatment. The description of the programs must include,
       but shall not be 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. On August 10, 2011, agents reviewed the Station's
       public inspection file and found that it did not contain any quarterly
       issues/programs lists. Based on the evidence before us, we find that
       Curran 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 Station's public inspection file.

     A. Proposed Forfeiture and Reporting Requirements

    5. 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. 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
       Curran is apparently liable for a forfeiture in the amount of ten
       thousand dollars ($10,000) for its failure to maintain any quarterly
       issues/programs lists during the current license term.

    6. We direct Curran to submit a statement signed under penalty of perjury
       by an officer or director of Curran stating: (1) the radio
       issues/program lists are being compiled, and (2) the radio
       issues/program lists are being placed in the public inspection file by
       the tenth day of the succeeding calendar quarter. This statement must
       be provided to the Philadelphia Office at the address listed in
       paragraph 11  within thirty (30) calendar days of the release date of
       this Notice of Apparent Liability for Forfeiture and Order.

   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,
       0.314 and 1.80 of the Commission's Rules, Curran Communications, Inc.
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of ten thousand dollars ($10,000) for violation of Section
       73.3526(e)(12) 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 and Order, Curran
       Communications, Inc. SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

    9. IT IS FURTHER ORDERED that Curran Communications, Inc. SHALL SUBMIT a
       sworn statement as described in paragraph 6 to the Enforcement Bureau
       Office listed in paragraph 11 within thirty (30) days of the release
       date of this Notice of Apparent Liability for Forfeiture and Order.

   10. 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, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. If payment is made, Curran Communications, Inc.
       shall send electronic notification on the date said payment is made to
       NER-Response@fcc.gov .

   11. 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, Northeast
       Region, Philadelphia Office, One Oxford Valley Building, Suite 404,
       2300 East Lincoln Highway, Langhorne, Pennsylvania 19047 and include
       the NAL/Acct. No. referenced in the caption. Curran Communications,
       Inc. also shall email the written response to NER-Response@fcc.gov.

   12. 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.

   13. 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 regular mail, to Curran Communications, Inc. at
       101 N. Centre Street, Pottsville, Pennsylvania 17901.

   FEDERAL COMMUNICATIONS COMMISSION

   David Dombrowski

   Acting District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

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

   See BR-20060317AAV, granted July 28, 2006.

   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 (1991).

   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." See Callais Cablevision, Inc.

   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).

   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, 0.311, 0.314, 1.80,
   73.3526(e)(12).

   See 47 C.F.R. S: 1.1914.

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

   (...continued from previous page)

   Federal Communications Commission DA 12-198

                                       4

   Federal Communications Commission DA 12-198