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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                                
                                                                 
                                )   File No.: EB-11-HU-0104      
     In the Matter of                                            
                                )   NAL/Acct. No.:               
     JHT Ventures, Inc.             201232540002                 
                                )                                
     Licensee of Station KULF       FRN: 0019299098              
                                )                                
     Bellville, Texas               Facility ID No.: 48653       
                                )                                
                                                                 
                                )                                



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: March 13, 2012 Released: March 13, 2012

   By the Resident Agent, Houston Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that JHT Ventures, Inc. (JHT Ventures), licensee of Station KULF, in
       Bellville, Texas, apparently willfully and repeatedly violated Section
       73.1745(a)  of the Commission's rules (Rules), by operating at times
       other than those specified in its license. We conclude that JHT
       Ventures is apparently liable for a forfeiture in the amount of four 
       thousand dollars ($4,000). In addition, we direct JHT Ventures to
       submit, no later than thirty (30) calendar days from the date of this
       NAL, a statement signed under penalty of perjury stating that it is
       discontinuing operations at sunset.

   II. BACKGROUND

    2. Station KULF is licensed by the Commission as a daytime only AM
       broadcast station. The license for Station KULF specifies the average
       sunset hour for the month of December to be 5:30 p.m. local time. On
       December 12 and 13, 2011, in response to a complaint about the Station
       operating at night, an agent from the Enforcement Bureau's Houston
       Office (Houston Office) monitored the field strength of Station KULF's
       transmissions before and after sunset and observed no noticeable
       change in field strength on either day. Additionally, on both days,
       the Station's signal remained on the air until the program that was on
       the air ended at 6 p.m. On January 19, 2012, the agent inspected the
       main studio of Station KULF, and JHT Ventures had no explanation for
       why the Station aired its programming in its entirety, past sunset on
       December 12 and 13, 2011.

   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 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. Operation at Times not Authorized by Station License

    4. Section 73.1745(a) of the Rules states 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 in
       this part." JHT Ventures is authorized to operate its Station until
       5:30 p.m. each day in the month of December. On December 12 and 13,
       2011, an agent from the Houston Office observed Station KULF operate
       with full daytime power between 5:30 p.m. and 6 p.m. Based on the
       evidence before us, we find that JHT Ventures apparently willfully and
       repeatedly violated Section 73.1745(a) of the Rules by operating at
       times other than those specified in its license.

    B. Proposed Forfeiture Amount and Reporting Requirement

    5. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for unauthorized
       emissions is $4,000. 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 JHT
       Ventures is apparently liable for a forfeiture in the amount of
       $4,000.

    6. We further order JHT Ventures to submit a written statement, pursuant
       to Section 1.16 of the Rules, signed under penalty of perjury by an
       officer or director of JHT Ventures, stating that it is operating
       Station KULF only during daytime hours and consistent with its license
       authorization. This statement must be provided to the Houston Office
       at the address listed in paragraph 11, below, 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, 0.204,
       0.311, 0.314, and 1.80 of the Commission's rules, JHT Ventures, Inc.
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of four  thousand dollars ($4,000) for violations of Section
       73.1745(a) of the Rules.

    8. 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,
       JHT Ventures, 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 JHT Ventures, Inc. SHALL SUBMIT a written
       statement, as described in paragraph 6, above, 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, South Central Region,
       Houston Office, 9597 Jones Road, #362, Houston, Texas, 77065. JHT
       Ventures shall also e-mail the written statement to
       SCR-Response@fcc.gov.

   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
       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 regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or E-mail: ARINQUIRIES@fcc.gov. JHT Ventures will also
       send electronic notification on the date said payment is made to
       SCR-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 1.16 and 1.80(f)(3) of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, Houston Office, 9597 Jones Road, #362, Houston, Texas,
       77065, and include the NAL/Acct. No. referenced in the caption. JHT
       Ventures also shall email the written response to
       SCR-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 JHT Ventures, Inc. at  10614
       Rockley Road, Houston, Texas, 77099-3514.

   FEDERAL COMMUNICATIONS COMMISSION

   Stephen P. Lee

   Resident Agent,

   Houston Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 73.1745(a).

   See License File No. BL-20101019ABD.

   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), 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.

   47 C.F.R. S: 73.1745(a).

   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 C.F.R. S: 1.16.

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
   73.1745(a).

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

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-276

                                       4

   Federal Communications Commission DA 12-276