Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Pittman Broadcasting Services, LLC Licensee of Station
   KVOL-AM, Lafayette, LA ) ) ) ) ) ) ) File No.: EB-FIELDSCR-12-00002104
   NAL/Acct. No.: 201332620002 FRN: 0004330825 Facility ID No.: 9415




             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: May 30, 2013 Released: May 30, 2013

   By the Deputy Regional Director, South Central Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Pittman Broadcasting Services, LLC (Pittman), licensee of
       Station KVOL-AM (Station) in Lafayette, Louisiana, apparently
       willfully and repeatedly violated Sections 11.35(a) and 73.1745(a)  of
       the Commission's rules (Rules),^ by failing to (1) maintain
       operational Emergency Alert System (EAS) equipment and logs, and (2)
       operate its Station within authorized power limitations. We conclude
       that Pittman is apparently liable for a forfeiture in the amount of
       fifteen  thousand dollars ($15,000). In addition, no later than thirty
       (30) calendar days from the release date of this NAL, Pittman must
       submit a statement signed under penalty of perjury stating that
       Station KVOL-AM is in full compliance with the Commission's EAS
       requirements and is operating consistent with its license.

   II. BACKGROUND

    2. Station KVOL-AM's license authorizes it to operate with 5 kilowatts
       during the day and 1.08 kilowatts in a directional pattern at night.^
       On April 25 and April 26, 2012, in response to a complaint, an agent
       from the Enforcement Bureau's New Orleans Office (New Orleans Office)
       measured the field strength of Station KVOL-AM's transmissions during
       the day and at night and observed no change in field strength between
       day and night.^

    3. On April 27, 2012, an agent from the New Orleans Office, accompanied
       by the Station's production director and later the general manager,
       inspected Station KVOL-AM's main studio in Lafayette, Louisiana, and
       observed that the Station's EAS equipment was not connected to a power
       source or any transmitting or receiving equipment. The Station's
       general manager and production director admitted that the Station had
       been without operational EAS since the Station changed main studio
       locations during the summer of 2011. The Station also did not have any
       EAS logs, documenting when the last EAS tests were transmitted or
       received.

    4. On May 1, 2012, an agent from the New Orleans Office, accompanied by
       the Station's contract engineer, inspected Station KVOL-AM's
       transmitter site.  The agent made field strength measurements with the
       transmitter in daytime mode and nighttime mode from approximately the
       same location as on April 25 and April 26, 2012.^ The measured field
       strengths of Station KVOL-AM's transmissions on April 25 and 26, 2012,
       were approximately the same value as the field strength measurement
       taken when the transmitter was in full-power daytime mode and more
       than two times the value of nighttime mode, thereby confirming Station
       KVOL-AM's overpower operations at night. The Station's contract
       engineer also admitted that the Station had been without operational
       EAS equipment since the main studio was moved in the summer of 2011,
       and that the Station was unable to monitor and control its
       transmission system.

   III. DISCUSSION

    5. 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 Operational EAS Equipment and Logs

    6. Every broadcast station is part of the nationwide EAS network and is
       categorized as a participating national EAS source.^ The EAS enables
       the President and state and local governments to provide immediate
       communications and information to the general public.^ State and local
       area plans identify local primary sources responsible for coordinating
       carriage of common emergency messages from the sources such as the
       National Weather Service or local emergency management officials.^
       Required monthly and weekly tests originate from EAS Local or State
       Primary sources and must be retransmitted by the participating
       station. As the nation's emergency warning system, the EAS is critical
       to public safety, and we recognize the vital role that broadcasters
       play in ensuring its success. The Commission takes seriously any
       violations of the Rules implementing the EAS and expects full
       compliance from its licensees.

    7. Section 11.35(a) of the Rules states that EAS Participants are
       responsible for ensuring that EAS Encoders, EAS Decoders, and
       Attention Signal generating and receiving equipment used as part of
       the EAS are installed so that the monitoring and transmitting
       functions are available during the times the stations and systems are
       in operation.^ Section 11.35(a) also requires EAS participants to
       record in station logs the reasons why any EAS tests were not
       received.^ On April 27, 2012, an agent from the New Orleans Office
       observed that Station KVOL-AM did not have operational EAS equipment
       when the Station was on the air, and did not have any EAS logs that
       documented when the equipment was last operational. The Station's
       general manager, production director, and contract engineer all
       confirmed that the Station had been without operational EAS equipment
       since the summer of 2011. Station KVOL-AM, however, maintained no logs
       or records explaining why the Station failed to receive any EAS tests
       since the summer of 2011.^ Therefore, based on the evidence before us,
       we find that Pittman apparently willfully and repeatedly violated
       Section 11.35(a) of the Rules by failing to maintain operational EAS
       equipment and logs.

    B. Failure to Operate within Parameters of License

    8. 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 . . . ."^ On April 25 and
       April 26, 2012, an agent from the New Orleans Office observed Station
       KVOL-AM operate with daytime power at night.  Based on the evidence
       before us, we find that Pittman  apparently willfully and repeatedly
       violated Section 73.1745(a) of the Rules by failing to operate its
       Station within authorized power limits.

    C. Proposed Forfeiture and Reporting Requirement

    9. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failing to have
       operational EAS  equipment is $8,000, and the base forfeiture amount
       for exceeding power limits 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.^ In doing so, we find that Pittman's prior overpower
       operations^ warrants an upward adjustment of $2,000.^ Furthermore, we
       find that Pittman's failure to maintain any EAS logs warrants an
       upward adjustment of $1,000.^ Applying the Forfeiture Policy
       Statement, Section 1.80 of the Rules, and the statutory factors to the
       instant case, we conclude that Pittman is apparently liable for a
       total forfeiture of $15,000, consisting of the following: $9,000 for
       failing to maintain operational EAS equipment and logs, and $6,000 for
       the Station's overpower operations.

   10. We direct Pittman to submit a written statement, pursuant to Section
       1.16 of the Rules,^ signed under penalty of perjury by an officer or
       director of Pittman, stating that (1) the Station is currently
       reducing transmitter power and operating in a directional pattern at
       night as required by its license, and (2) the EAS monitoring and
       transmitting functions are available when the Station is in operation.
       This statement must be provided to the New Orleans Office at the
       address listed in paragraph 13, below, within thirty (30) calendar
       days of the release date of this NAL.

   IV. ORDERING CLAUSES

   11. 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, Pittman Broadcasting
       Services, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of fifteen  thousand dollars ($15,000) for
       violations of Sections 11.35(a) and 73.1745(a)  of the Commission's
       rules.^

   12. 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,
       Pittman Broadcasting Services, LLC SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   13. IT IS FURTHER ORDERED that Pittman Broadcasting Services, LLC SHALL
       SUBMIT a statement as described in paragraph 10, above, to the New
       Orleans Office 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, New Orleans Office, 2424
       Edenborn Avenue, Suite 460, Metairie, LA 70001. Pittman Broadcasting
       Services, LLC shall also e-mail the written statement to
       SCR-Response@fcc.gov.

   14. 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. Pittman Broadcasting Services, LLC will also
       send electronic notification on the date said payment is made to
       SCR-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.

   15. Any request for making full payment over time under an installment
       plan should be sent to:  Chief Financial Officer--Financial
       Operations, Federal Communications Commission, 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 by phone, 1-877-480-3201, or by e-mail,
       ARINQUIRIES@fcc.gov.

   16. 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, New Orleans Office,  2424 Edenborn Avenue, Suite 460,
       Metairie, LA 70001, and include the NAL/Acct. No. referenced in the
       caption. Pittman Broadcasting Services, LLC  also shall e-mail the
       written response to SCR-Response@fcc.gov.

   17. 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 principles (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.

   18. 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 Pittman Broadcasting
       Services, LLC at 307 S. Jefferson Avenue, Covington, LA 70433.

   FEDERAL COMMUNICATIONS COMMISSION

   Loyd Perry

   Deputy Regional Director

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. SS 11.35(a), 73.1745(a).

   ^ See License File No. BR-20120131ALZ.

   ^ On April 25, 2012, the field strength was measured at 110 mV/m at 3:45
   P.M. and 8:20 P.M. On April 26, 2012, the field strength was measured at
   100 mV/m at 4:23 P.M. and 7:23 P.M.

   ^ The measured field strength was 92 mV/m in daytime mode and 43 mV/m in
   nighttime mode. If the Station switched from daytime to nighttime mode on
   April 25 and 26, 2012, the agents should have observed a corresponding
   decrease in field strength.

   ^ 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., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388, para. 5 (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, 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., 16 FCC Rcd  at
   1362, P 9.

   ^ 47 C.F.R. SS 11.11, 11.41.

   ^ 47 C.F.R. SS 11.1, 11.21.

   ^ 47 C.F.R. S 11.18. State EAS plans contain guidelines that must be
   followed by broadcast and cable personnel, emergency officials and
   National Weather Service personnel to activate the EAS for state and local
   emergency alerts. The state plans include the EAS header codes and
   messages to be transmitted by the primary state, local and relay EAS
   sources. 47 C.F.R. S 11.21.

   ^ 47 C.F.R S 11.35(a). See also 47 C.F.R. S 73.1820(a)(1)(iiii) (requiring
   licensees to create an entry for each test and activation of the EAS in
   the station log or in a special EAS log). If Station KVOL-AM had
   operational EAS equipment prior to the summer of 2011, it failed to log
   any successful EAS tests.

   ^ 47 C.F.R. S 11.35(a). See also 47 C.F.R. S 11.35(b) (requiring licensees
   to record when defective EAS equipment is removed from service).

   ^ For example, Station KVOL-AM could have noted in its station log that it
   failed to receive EAS tests after the summer of 2011 because its EAS
   equipment was not installed.

   ^ 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).

   ^ See Pittman Broadcasting Services, LLC, Forfeiture Order, 23 FCC Rcd
   2742 (Enf. Bur. 2008) (violated Section 73.1745(a) of the Rules by
   operating overpower at night) (forfeiture paid).

   ^ See, e.g., Donald D. Coss, Notice of Apparent Liability for Forfeiture,
   25 FCC Rcd 16924 (Enf. Bur. 2010) (upwardly adjusting forfeiture due to
   prior violation of rule at issue); CBS Radio East Inc., Notice of Apparent
   Liability for Forfeiture, 24 FCC Rcd 1293 (Enf. Bur. 2009) (upwardly
   adjusting forfeiture due to prior violation of rule at issue); Union
   Broadcasting, Inc., Forfeiture Order, 19 FCC Rcd 18588 (Enf. Bur. 2004)
   (upholding upward adjustment due to prior Notice of Violation citing
   multiple violations of the rule at issue).

   ^ See Iglesia Cristiana Ebenezer of Greenville, Texas, Notice of Apparent
   Liability for Forfeiture and Order, DA 13-1004, 2013 WL 1881507 (Enf. Bur.
   May 6, 2013) (imposing $1,000 upward adjustment for failure to maintain
   EAS logs).

   ^ 47 C.F.R. S 1.16.

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

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

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

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 13-1244

                                       6

   Federal Communications Commission DA 13-1244