******************************************************** 
                      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 PBI, LLC Licensee of Stations KDDD(AM) and KDDD-FM Dumas,
   TX ) ) ) ) ) ) ) ) File No.: EB-11-DL-0058 NAL/Acct. No.: 201232500005
   Facility ID No.: 74311 FRN: 0015162472




                                FORFEITURE ORDER

   Adopted: March 1, 2013 Released: March 1, 2013

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

   I. INTRODUCTION

    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of eight thousand dollars ($8,000) to PBI, LLC (PBI),
       licensee of Stations KDDD(AM) and KDDD-FM, in Dumas, Texas, for
       willful and repeated violation of Section 11.35(a)  of the
       Commission's rules (Rules).^ The noted violations involved PBI's
       failure to (1) maintain operational emergency alert system (EAS)
       equipment, and (2) keep records indicating why EAS tests were not
       received.

   II. BACKGROUND

    2. On July 5, 2012, the Enforcement Bureau's Dallas Office (Dallas
       Office) issued a Notice of Apparent Liability for Forfeiture and Order
       (NAL) ^ ^ to PBI for violations of Section 11.35(a) of the Rules. PBI
       submitted a response to the NAL admitting that it was "negligent in
       maintaining proper EAS requirements and procedures," and requesting a
       reduction of the proposed $8,000 forfeiture, because it "does not have
       sufficient funds to remit the entire penalty."^ PBI also certified
       that the EAS equipment for Stations KDDD(AM) and KDDD-FM was fully
       operational on July 31, 2012.^

   III. DISCUSSION

    3. 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 Forfeiture Policy
       Statement.^ In examining PBI's response, Section 503(b)(2)(E) 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.^ As discussed below, we have considered PBI's response in
       light of these statutory factors, and find that a reduction of the
       forfeiture is not warranted.

    4. Section 11.35(a) of the Rules states that all "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.
       Additionally, EAS Participants must determine the cause of any failure
       to receive the required tests or activations specified in S
       11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any
       tests were not received must be made in the broadcast station log."^
       It is undisputed that PBI's EAS equipment was not fully operational on
       August 16, 2011 and that it had no records of any EAS tests being
       received after October 30, 2008. Thus, based on the evidence before
       us, we find that PBI willfully and repeatedly violated Section
       11.35(a) of the Rules^ by failing to ensure the operational readiness
       of the EAS equipment for Stations KDDD(AM) and KDDD-FM, and failing to
       explain in station logs why EAS tests were not received.

    5. PBI requests reduction of the proposed forfeiture because it asserts
       that it is unable to pay the forfeiture. With regard to an individual
       or entity's inability to pay claim, the Commission has determined
       that, in general, gross revenues are the best indicator of an ability
       to pay a forfeiture.^ Based on the financial documents provided by
       PBI, we conclude that its gross revenues are sufficient to pay the
       forfeiture.^ Therefore, we decline to reduce the $8,000 forfeiture on
       these grounds. However, PBI also requested the opportunity to make
       installment payments on the forfeiture. PBI may request installment
       payments as described in paragraph 8 below.

   IV. ORDERING CLAUSES

    6. 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, PBI, LLC IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand
       dollars ($8,000) for violations of Section 11.35(a) of the
       Commission's rules.^

    7. 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.^  PBI, LLC shall send electronic
       notification of payment to [1]SCR-Response@fcc.gov on the date said
       payment is made. 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.

    8. Any request for full payment 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, [2]ARINQUIRIES@fcc.gov.

    9. 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 PBI, LLC at P.O. Box 396, Dumas, TX 79029.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 11.35(a).

   ^ PBI, LLC, Notice of Apparent Liability for Forfeiture and Order, 27 FCC
   Rcd 7569 (Enf. Bur. 2012). A comprehensive recitation of the facts and
   history of this case can be found in the NAL and is incorporated herein by
   reference.

   ^ Letter from Darrell Wait and Darren Stallwitz, Partners, PBI, LLC, to
   the Dallas Office, South Central Region, Enforcement Bureau at 1 (July 31,
   2012) (on file in EB-11-DL-0058) (NAL Response).

   ^ Id. at 2.

   ^ 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 11.35(a).

   ^ 47 C.F.R. S 17.57.

   ^ See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
   2088, 2089 (1992) (forfeiture not deemed excessive where it represented
   approximately 2.02 percent of the violator's gross revenues); Local Long
   Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
   deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
   Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).

   ^ The forfeiture amount falls within the percentage range that the
   Commission has previously found acceptable. See supra note 11.

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
   11.35(a).

   ^ 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 13-307

   3

   Federal Communications Commission DA 13-307

References

   Visible links
   1. mailto:SCR-Response@fcc.gov
   2. mailto:ARINQUIRIES@fcc.gov