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 Coastal Television Broadcasting Company LLC Owner of
   Antenna Structure No. 1004021, Anchorage, Alaska ) ) ) ) ) ) ) File No.:
   EB-FIELDWR-13-00005960 NAL/Acct. No.: 201432780001 FRN: 0016824336




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: October 24, 2013 Released: October 25, 2013

   By the Resident Agent, Anchorage Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that Coastal Television Broadcasting Company LLC (Coastal), owner of
       antenna structure number 1004021 (the Antenna Structure), in
       Anchorage, Alaska, apparently willfully and repeatedly violated
       Section 17.57 of the Commission's rules (Rules),^ by failing to notify
       the Commission upon a change in ownership information for the Antenna
       Structure. We conclude that Coastal is apparently liable for a
       forfeiture in the amount of four  thousand, two hundred dollars
       ($4,200).

   II. BACKGROUND

    2. On January 7, 2013, an agent from the Enforcement Bureau's Anchorage
       Office (Anchorage Office) inspected the Antenna Structure^ located in
       Anchorage, Alaska.^ At the time of the inspection, a search of the
       Commission's Antenna Structure Registration (ASR) database indicated
       that the Antenna Structure was registered to Piedmont Television of
       Anchorage License LLC (Piedmont). When the Anchorage agent called the
       contact number listed on the ASR for the Antenna Structure, the agent
       learned that the listed contact for Piedmont had not been at the
       number for ten years. Through further investigation, the agent learned
       that Piedmont was no longer the current tower owner and that the new
       owner was Coastal. The agent contacted Coastal's corporate operating
       officer and discussed the failure to notify the Commission of a change
       in antenna structure ownership. Subsequently, Coastal's counsel
       updated the ownership information on January 7, 2013.

    3. On January 28, 2013, the Anchorage Office issued a Notice of Violation
       (NOV) to Coastal concerning its failure to immediately notify the
       Commission about the change in ownership information for the Antenna
       Structure.^ In its NOV Response, Coastal stated that, within eight
       hours after notification of the failure to change ownership
       information, Coastal submitted a Form 854 to update the ownership
       information.^ Coastal further stated that this failure was due to an
       inadvertent administrative oversight, and that the ownership change
       filing was apparently not completed at the time Coastal acquired the
       antenna structure as part of its acquisition of television Station
       KTBY(DT), located in Anchorage, Alaska.^ Commission records show that
       Coastal consummated the assignment of the station license on May 7,
       2008.^

   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 Update Ownership Information for the Antenna Structure

    5. The evidence in this case establishes that Coastal violated Section
       17.57 of the Rules. Section  17.57 of the Rules requires the owner of
       an antenna structure to immediately notify the Commission, using FCC
       Form 854, upon any change in ownership information.^  Antenna
       structure owners must maintain current antenna structure registration
       information with the Commission and post ASR numbers at the base of
       antenna structures to allow for easy contact if problems arise.^
       Coastal acquired the Antenna Structure on May 7, 2008, but failed to
       update the ownership information for the structure until January 7,
       2013, and only after notification from the Anchorage Office.^  Based
       on the evidence before us, we find that Coastal  apparently willfully
       and repeatedly violated Section 17.57 of the Rules by failing to
       immediately notify the Commission about a change in ownership for the
       Antenna Structure.

    B. Proposed Forfeiture

    6. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount 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.^  Maintaining current ownership contact information in
       the ASR database is particularly important, because it enables the
       Commission and individuals to notify the structure owner promptly in
       the event of a lighting failure or other malfunction. Because Coastal
       failed to notify the Commission regarding the change in ownership for
       over four and a half years, we find this violation particularly
       egregious and warranting an upward adjustment of $1,200.^ Applying the
       Forfeiture Policy Statement, Section 1.80 of the Rules, and the
       statutory factors to the instant case, we conclude that Coastal is
       apparently liable for a total forfeiture in the amount of $4,200 for
       failure to notify the Commission of a change in ownership of an
       antenna structure.

   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, Coastal Television
       Broadcasting Company LLC is hereby NOTIFIED of this APPARENT LIABILITY
       FOR A FORFEITURE in the amount of four thousand, two hundred dollars
       ($4,200) for violation of Section 17.57  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, Coastal
       Television Broadcasting Company LLC SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

    9. 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. Coastal  Television Broadcasting Company LLC
       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.

   10. 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.

   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, Western
       Region, Anchorage Resident Agent Office, P.O. Box 231949, Anchorage,
       Alaska 99523-1949, and include the NAL/Acct. No. referenced in the
       caption. Coastal Television Broadcasting Company LLC also shall e-mail
       the written response to WR-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 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.

   13. 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 Coastal Television Broadcasting
       Company LLC at 3615 Hunley Ct., Cumming, Georgia 30028,  and to its
       counsel, Frank R. Jazzo, Esquire, at Fletcher, Heald & Hildreth, PLC,
       1300 North 17^th Street, 11^th Floor, Arlington, Virginia 22209.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene Windel

   Resident Agent

   Anchorage Office

   Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 17.57.

   ^ Coastal is also the licensee of TV station KTBY(DT), Anchorage, Alaska,
   and utilizes antenna structure number 1004021 to broadcast Station
   KTBY(DT).

   ^ The Antenna Structure is 88.7 meters in overall height and is required
   to have painting and lighting in accordance with Chapters 3, 4, 5, and 9,
   of FAA Circular Number 70/7460-1G.

   ^  See Notice of Violation to Coastal (Jan. 28, 2013) (on file in
   EB-FIELDWR-13-00005960) (NOV).

   ^  See Coastal Television Broadcasting Company LLC Response to Notice of
   Violation (Feb 13, 2013) (on file in EB-FIELDWR-13-00005960) (NOV
   Response).

   ^  See id. at 1.

   ^  See Coastal Television Broadcasting Company LLC, Consummation Notice
   (filed May 8, 2008).

   ^ 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 C.F.R. S 17.57.

   ^ See, e.g., American Tower Corporation, Notice of Apparent Liability, 16
   FCC Rcd 1282 (proposing base forfeitures of $3,000 per violation for
   failure to update antenna structure registration), Order and Consent
   Decree, 16 FCC Rcd 14937 (2001) (resolving forfeiture proceeding and other
   potential antenna structure rule violation cases).

   ^ Coastal states that its failure to immediately file the FCC Form 854
   after it acquired the Antenna Structure was due to an inadvertent
   administrative oversight. See NOV Response at 1. The Commission has long
   held that administrative oversight or inadvertence does not serve to
   excuse a violation of Section 17.57; nor does it serve as a mitigating
   factor warranting a downward adjustment of a forfeiture. See Hacienda San
   Eladio, Inc., Forfeiture Order, 28 FCC Rcd 1108, 1109, para. 5 (Enf. Bur.
   2013). Further, the fact that Coastal promptly filed the FCC Form 854
   after it was notified by the Anchorage Office about the required change in
   ownership filing does not serve to nullify or mitigate the violation,
   because corrective action taken to come into compliance with the Rules is
   expected. See id. at 1110, para. 6.

   ^  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, e.g., Latin Broadcasting Company, Notice of Apparent Liability for
   Forfeiture and Order, 28 FCC Rcd 2170 (Enf. Bur. 2013) (proposing $4,000
   forfeiture for failing to update ASR ownership information for over three
   and a half years).

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80,
   17.57.

   ^ 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 13-2060

                                       5

   Federal Communications Commission DA 13-2060