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 HK Media, Inc. Licensee of Station KFOX (AM) Torrance,
California ) ) ) ) ) ) ) File No.: EB-10-LA-0238 NAL/Acct. No.:
201132900005 FRN: 0020919791 Facility ID No.: 87242
FORFEITURE ORDER
Adopted: October 28, 2013 Released: October 29, 2013
By the Regional Director, Western Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order, we issue a monetary forfeiture in the amount
of eight thousand dollars ($8,000) to HK Media, Inc. (HK Media),
licensee of Station KFOX(AM), Torrance, California, for willfully and
repeatedly violating Section 73.3526 of the Commission's rules
(Rules)^ by failing to maintain and make available the Station
KFOX(AM) public inspection file at the Station KFOX(FM) main studio.
II. BACKGROUND
2. On September 22, 2010, an agent from the Enforcement Bureau's Los
Angeles Office (Los Angeles Office) conducted an inspection at the
main studio of Station KFOX(AM) in Los Angeles, California. The agent
requested to review the station's public inspection file. However, the
station's staff, including the Operations Manager and contract
engineer, could not locate the public inspection file. In response to
a Letter of Inquiry issued by the Los Angeles Office, the President of
HK Media stated that the Station KFOX(AM) public file materials were
destroyed due to water damage at the station's main studio location in
May 2010.^ HK Media acknowledged that a complete public inspection
file was not recreated until the week after the Los Angeles agent's
inspection in September 2010.^
3. On July 29, 2011, the Los Angeles Office issued a Notice of Apparent
Liability for Forfeiture (NAL) in the amount of $10,000 to HK Media
for failing to maintain and make available the Station KFOX(AM) public
inspection file at the Station KFOX(AM) main studio.^ HK Media
responded to the NAL on September 1, 2011 (NAL Response).^ In its NAL
Response, HK Media requests that the forfeiture be reduced because it
is not consistent with forfeitures issued for other public inspection
file violations, and because HK Media has a history of compliance with
the Rules.^
III. DISCUSSION
4. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Communications Act of 1934, as amended
(Act),^ Section 1.80 of the Rules,^ and the Commission's Forfeiture
Policy Statement.^ In examining HK Media's NAL Response, Section
503(b) of the Act requires that the Commission take into account the
nature, circumstances, extent, and gravity of the violation 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.^ We considered HK Media's NAL Response in light of these
statutory factors and find that reduction of the forfeiture is
warranted for the reasons discussed below.
5. Section 73.3526(a)(2) of the Rules requires that every licensee of an
AM or FM station shall maintain a public inspection file containing
the material relating to that station described in Section 73.3526(e)
of the Rules.^ Section 73.3526(b)(1) of the Rules requires that the
public inspection file shall be maintained at the station's main
studio.^ 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.^ On September 22, 2010, an agent from the Los Angeles
Office attempted to inspect the public inspection file during regular
business hours, but was unable to access the file. In response to an
inquiry by the Los Angeles Office, HK Media acknowledged that the
Station KFOX(AM) public inspection file was unavailable for four
months.
6. HK Media does not dispute that that the public inspection file was
unavailable at the Station KFOX(AM) main studio for four months.
Instead, HK Media argues that the $10,000 forfeiture proposed by the
Los Angeles Office was disproportionate to other forfeitures assessed
for public file violations.^ While HK Media argues that lesser
forfeiture amounts have been assessed against stations that were
missing multiple quarters of issues/programs lists, we find that those
decisions are not dispositive here.^ When public inspection file
violations have been discovered by Enforcement Bureau agents during
inspections, forfeitures of at least $10,000 have been proposed when a
significant portion of the file is unavailable.^ In the present case,
the entire public inspection file was unavailable and had been
unavailable for four months.
7. HK Media also requests a reduction based on its history of compliance
with the Rules. After reviewing the Commission's records, we find
reduction of the forfeiture based on HK Media's history of compliance
is warranted and we reduce the forfeiture by $2,000.^ We have examined
HK Media's NAL Response pursuant to the statutory factors above and in
conjunction with the Forfeiture Policy Statement. As a result of our
review, we conclude that HK Media willfully and repeatedly violated
Section 73.3526 of the Rules. Considering the entire record and the
factors listed above, we find that a forfeiture in the amount of eight
thousand dollars ($8,000) is warranted.
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(f)(4) of the Commission's Rules, HK Media,
Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight
thousand dollars ($8,000) for willfully and repeatedly violating
Section 73.3526 of the Commission's Rules.^
9. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar days after the
release date of this Forfeiture Order.^ If the forfeiture is not paid
within the period specified, the case may be referred to the U.S.
Department of Justice for enforcement of the forfeiture pursuant to
Section 504(a) of the Act.^ HK Media, Inc., shall also send
electronic notification on the date said payment is made to
WR-Response@fcc.gov. The payment must be made by check or similar
instrument, wire transfer, or credit card, and must include the
NAL/Account Number and FRN referenced above. 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. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by both First Class Mail and Certified Mail, Return Receipt
Requested to HK Media, Inc., 4525 Wilshire Boulevard, Los Angeles, CA
90010.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau
^ 47 C.F.R. S 73.3526.
^ See Letter of Inquiry from Nader Haghighat, District Director, Los
Angeles Office, Western Region, Enforcement Bureau, to HK Media, Inc.
(Mar. 8, 2011) (on file in EB-10-LA-0238) (Letter of Inquiry); Response
from Grant Chang, President, HK Media, Inc., to Nader Haghighat, District
Director, Los Angeles Office, Western Region, Enforcement Bureau (filed
Apr. 8, 2011) (on file in EB-10-LA-0238) (LOI Response).
^ See LOI Response at 3.
^ HK Media, Inc., Notice of Apparent Liability for Forfeiture, 26 FCC Rcd
10535 (Enf. Bur. 2011) (NAL).
^ See Response of HK Media, Inc. (filed Sept. 1, 2011) (on file in
EB-10-LA-0238) (NAL Response).
^ See id. at 1.
^ 47 U.S.C. S 503(b).
^ 47 C.F.R. S 1.80.
^ 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), recons. denied, 15 FCC Rcd 303 (1999)
(Forfeiture Policy Statement).
^ 47 U.S.C. S 503(b)(2)(E).
^ 47 C.F.R. S 73.3526(a)(2).
^ 47 C.F.R. S 73.3526(b)(1).
^ 47 C.F.R. S 73.3526(c)(1).
^ HK Media cites to Stephen R. Peters, Notice of Apparent Liability for
Forfeiture, 26 FCC Rcd 7623 (Enf. Bur. 2011), forfeiture assessed in
Forfeiture Order, 28 FCC Rcd 6156 (Enf. Bur. 2013) ($10,000 forfeiture
assessed when a public inspection file inspected by an Enforcement Bureau
field office was missing 26 issues/program lists for a license term), and
compares that decision to Phoenix Broad. Grp., Inc., Memorandum Opinion
and Order, 26 FCC Rcd 5950 (Med. Bur. 2011) ($9,000 in total forfeitures
affirmed against two stations that acknowledged on their license renewals
that they were missing between 11 and 16 issues/programs lists in their
public inspection files).
^ Phoenix Broad. Grp., 26 FCC Rcd at 5950-51, para. 2.
^ See, e.g., Mt. Rushmore Broad., Inc., Notice of Apparent Liability for
Forfeiture and Order, 28 FCC Rcd 1851 (Enf. Bur. 2013) ($15,000 forfeiture
proposed when 23 consecutive quarters of the issues/programs missing were
unavailable at the time of inspection); Gulf-California Broad. Co., Notice
of Apparent Liability for Forfeiture and Order, 27 FCC Rcd 11421 (Enf.
Bur. 2012) ($15,000 forfeiture proposed when 25 consecutive quarters of
the issues/programs missing were unavailable at the time of inspection)
(forfeiture paid).
^ See L.R. Radio Grp., Inc., Forfeiture Order, 27 FCC Rcd 11260 (Enf. Bur.
2012) (reducing a forfeiture from $10,000 to $8,000 for failing to
maintain and make available a public inspection file because of the
station's demonstrated history of compliance with the Rules).
^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
73.3526.
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 504(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.
Federal Communications Commission DA 13-2062
1
4
Federal Communications Commission DA 13-2062