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 Jeannine M. Mason Licensee of Station KTZZ(FM), Conrad,
   Montana ) ) ) ) ) ) ) File No.: EB-FIELDWR-12-00004903 NAL/Acct. No.:
   201332800007 FRN: 0022857825 Facility ID No.: 81886




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: July 23, 2013 Released: July 24, 2013

   By the District Director, Denver Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that Jeannine M. Mason, licensee of Station KTZZ(FM), in Conrad,
       Montana (Station or KTZZ(FM)), apparently willfully and repeatedly
       violated Section 301 of the Communications Act of 1934, as amended
       (Act),^ by operating a studio-transmitter link (STL) station without
       an FCC license. We conclude that Ms. Mason is apparently liable for a
       forfeiture in the amount of ten thousand dollars ($10,000).

   II. BACKGROUND

    2. On August 10, 2012, an agent from the Enforcement Bureau's Denver
       Office (Denver Office), in preparation for a routine inspection of
       KTZZ(FM), monitored the signal of an STL station on frequency 946.5
       MHz, which, at that time, appeared associated with KTZZ(FM). The agent
       determined that the STL station was transmitting KTZZ(FM)'s audio,
       including its call sign, and that the STL station's transmissions were
       originating from KTZZ(FM)'s main studio located at 3313 15^th Street,
       NE, in Black Eagle, Montana. A subsequent search of the Commission's
       records, however, revealed that there was no license authorization for
       an STL station to operate from this location on frequency 946.5 MHz.

    3. On September 5, 2012, the Denver agent spoke with KTZZ(FM)'s manager
       by phone, and informed him that the Station's audio was heard on an
       unlicensed STL station operating on frequency 946.5 MHz from the
       Station's main studio location. During the call, the manager
       acknowledged that KTZZ(FM) was operating an STL station on frequency
       946.5 MHz. The following day, on September 6, 2012, the manager
       contacted the agent by phone, acknowledged that they had no license
       for the STL station, and advised that operation of the STL station
       discontinued that morning. On September 17, 2012, a Denver agent
       performed a follow-up inspection and confirmed that the operation of
       the STL station had ceased.

    4. On December 3, 2012, the Denver Office issued a Notice of Violation
       (NOV) to Ms. Mason for the unlicensed operation.^ In the NOV
       Response,^ Ms. Mason did not deny the violation; she explained that
       Station KTZZ(FM) had operated "an STL transmitter on 946.5 MHz to
       carry program audio from the studio to the transmitter[,]" that "[i]t
       was placed in service in the summer of 2011" and was "immediately
       turn[ed] off" upon notification, pending "appropriate licensing."^

   III. DISCUSSION

    5. Section 503(b) of the 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 of an Unlicensed Studio-Transmitter Link

    6. The evidence in this case establishes that Ms. Mason, licensee of
       Station KTZZ(FM), violated Section 301 of the Act. Section 301 of the
       Act requires that "[n]o person shall use or operate any apparatus for
       the transmission of energy or communications or signals by radio . . .
       except under and in accordance with this Act and with a license in
       that behalf granted under the provisions of this Act."^ As the record
       shows, the Denver Office agent found on August 10, 2012, that KTZZ(FM)
       was operating the unlicensed STL station on frequency 946.5 MHz, and
       that a few weeks later, on September 6, 2012, KTZZ(FM)'s manager
       acknowledged to the agent that they had no license for the STL
       station. Furthermore, Ms. Mason, in her NOV Response, acknowledged the
       unlicensed operation of the STL station since 2011. Therefore, we find
       that Ms. Mason apparently willfully and repeatedly violated Section
       301 of the Act by operating an STL station without a license.

    B. Proposed Forfeiture

    7. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for operation without an
       instrument of authorization 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, 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 Jeannine M. Mason is apparently liable for a total
       forfeiture in the amount of $10,000.

   IV. ORDERING CLAUSES

    8. 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, Jeannine M. Mason is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of ten  thousand dollars ($10,000) for violation of Section 301
       of the Act.^

    9. 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, Jeannine M.
       Mason SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   10. 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. Jeannine M. Mason shall also send electronic
       notification on the date said payment is made to WR-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.

   11. 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.

   12.  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, Western
       Region, Denver Office, 215 S. Wadsworth Blvd., Suite 303, Lakewood,
       Colorado, 80226, and include the NAL/Acct. No. referenced in the
       caption. Jeannine M. Mason also shall e-mail the written response to
       WR-Response@fcc.gov.

   13. 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.

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and first class mail to Jeannine M. Mason, at her address
       of record, and to her counsel, Steven T. Potts, PLLC, 625 Central
       Avenue West, Suite 200, Great Falls, MT 59404-2874.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver Office

   Western Region

   Enforcement Bureau

   ^ 47 U.S.C. S 301.

   ^ See Jeannine M. Mason, Notice of Violation, V201332800024 (Dec. 3, 2012)
   (NOV).

   ^  See  Response to Notice of Violation of Jeannine M. Mason (Jan. 4,
   2013) (on file in EB-FIELDWR-12-00004903) (NOV Response).

   ^ Id. at 2. Ms. Mason stated that the STL station was immediately turned
   off in September 2012 when she was advised that it was unlicensed, and
   that an application was started for frequency coordination and appropriate
   licensing of the STL station. Id. Station KTZZ switched to utilization of
   a phone line for transmission of the audio from the studio to the
   transmitter. Ms. Mason also provided a photograph of the STL transmitter's
   FCC certification, which indicated that the STL station was also capable
   of transmitting on frequency 950.375 MHz. See id. at Exhibit B. We note
   that, as of the date of this NAL, a review of the FCC's Universal
   Licensing System database shows no licenses or applications for an STL
   station to operate on either 946.5 or 950.375 MHz in the state of Montana.

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

   ^ 47 U.S.C. S 312(f)(1).

   ^ H.R. Rep. No. 97-765, 97^th 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 (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 U.S.C. S 301.

   ^ 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 S 301, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314,
   1.80.

   ^ 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 13-1579

                                       4

   Federal Communications Commission DA 13-1579