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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Steckline Communications, Inc. Licensee of Station KGSO
Wichita, Kansas ) ) ) ) ) ) File No.: EB-FIELDSCR-12-00005157 NAL/Acct.
No.: 201432560001 FRN: 0009951286 Facility ID: 53150
FORFEITURE ORDER
Adopted: February 5, 2014 Released: February 5, 2014
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 twenty-one thousand dollars ($21,000) to Steckline
Communications, Inc. (Steckline), licensee of AM Station KGSO
(Station), in Wichita, Kansas, for willfully and repeatedly violating
Sections 73.62, 73.1560(a), 73.1745(a), and 73.3526 of the
Commission's rules (Rules).^ The noted violations involved Steckline's
failure to maintain required directional patterns within prescribed
parameters, operate within authorized power limits, and maintain and
make available a complete public inspection file.
II. BACKGROUND
2. On October 24, 2013, the Enforcement Bureau's Kansas City Office
(Kansas City Office) issued a Notice of Apparent Liability for
Forfeiture and Order (NAL) for twenty-one thousand dollars ($21,000)
to Steckline for operating the Station out of compliance with its
authorization and for public inspection file violations.^ As reflected
in the NAL, on October 21 and 22, 2012, an agent from the Kansas City
Office observed the Station operate above its authorized daytime power
limit and operate in daytime mode at night.^ On October 22, 2012, the
agent also observed the Station operate substantially at variance from
the authorized directional parameters without checking monitoring
points, suspending operations, or reducing power to prevent
interference.^ Finally, on October 22, 2012, the agent observed that
the Station's public inspection file did not contain the required
issues programs lists.^
3. In response to the NAL, Steckline requests significant reduction of
the proposed forfeiture.^ Steckline asserts that in the first part of
October 2012 its contract engineer improperly programmed the Station
equipment with another station's higher authorized day and nighttime
power levels.^ Steckline also alleges that in between the contract
engineer's visit and the agent's inspection on October 22, 2012,
someone tampered with the Station's remote control, which prevented
automatic switching from day to night patterns.^ Steckline asserts
this was "an intentional act by someone with knowledge and access to
the KGSO transmitter site."^ Steckline provides no other explanation
for why the Station was operating with more than authorized power and
with unauthorized direction antenna patterns. Steckline admits that
what the Station called its "issues programs lists" only contained
lists of community issues and not the required lists of the
programming the Station had aired on those issues, and states that it
remedied this violation.^ Finally, Steckline requests a substantial
reduction of the proposed forfeiture, because it had not received a
Commission violation prior to the written notices received in 2012 for
other stations it owns.^
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 Forfeiture Policy
Statement.^ In examining Steckline's NAL 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.^
5. We affirm the NAL's finding that Steckline violated Sections 73.62,
73.1560(a), and 73.1745(a) of the Rules by operating its Station
inconsistent with the terms of its station authorization.^ According
to Steckline, its contract engineer improperly programmed the
Station's transmitter with another station's higher operating power.^
Thus, it is undisputed that, from the first part of October 2012 until
October 22, 2012, the Station's transmitter was set to operate with
more than authorized daytime power during the day. It is also
undisputed that on October 22, 2012, an agent from the Kansas City
Office observed the Station's directional antenna set to operate
substantially at variance from its authorized directional parameters
when the Station was in both daytime and nighttime modes. Steckline
also has no record of when its directional antenna parameters were
last within tolerance. Therefore, even if we were to ignore the fact
that on October 21 and 22, 2012, the Station was set to operate in
daytime mode with daytime directional parameters at night, Steckline
willfully and repeatedly violated the Rules by operating its Station
with more than authorized daytime power and at substantial variance
from authorized daytime parameters during the day. We also do not find
persuasive Steckline's claims that the Station's remote control was
tampered with, thereby preventing automatic switching from day to
nighttime settings.^ The absence of routine monitoring and logging by
station personnel allowed the condition of the remote control and of
the transmitter to go unobserved for a prolonged period. The
Commission has held that inadvertent mistakes neither excuse a rule
violation nor mitigate a forfeiture liability.^ Thus, we find
Steckline also violated the Rules by operating with more than
authorized power and in daytime mode at night. Therefore, based on the
evidence before us, we conclude that Steckline willfully and
repeatedly violated Sections 73.62, 73.1560(a), and 73.1745(a) of the
Rules by operating its Station with more than authorized power and
incorrect antenna directional parameters.
6. We also affirm the NAL's finding that Steckline violated Section
73.3526 of the Rules by failing to maintain and make available a
complete public inspection file for the Station.^ On October 22, 2012,
an agent from the Kansas City Office asked to inspect the Station's
public inspection file during regular business hours. The public
inspection file contained documents that the Station called "issues
programs lists"--except for the third quarter of 2012-- but these
documents did not contain any lists or information regarding the
programs aired to address community issues.^ In its NAL Response,
Steckline admitted omitting the missing information and stated that it
has since supplemented its issues programs lists.^ Based on the
evidence before us, we find that Steckline willfully and repeatedly
violated Section 73.3526 of the Rules by failing to maintain required
issues programs lists for the Station and willfully violated Section
73.3526 of the Rules by failing to make available required issues
programs lists for the Station.
7. Finally, we reject Steckline's request for reduction of the proposed
forfeiture on the basis of its history of compliance with the Rules.
On July 12, 2012, an agent from the Kansas City Office observed AM
antenna fencing, main studio, and public inspection violations at
KYUL-AM and KIUL-AM, two stations owned by Steckline.^ We researched
our records and determined Steckline also received a Notice of
Violation on November 29, 2012 for violations associated with another
of its stations, KGYN-AM.^ Therefore, while Steckline may not have
received a written violation prior to 2012, it can no longer claim
that it has a history of compliance with the Rules. Therefore, we
conclude no reduction in forfeiture is warranted on these grounds.
Based on the evidence before us, we conclude that Steckline willfully
and repeatedly violated Sections 73.62, 73.1560(a), 73.1745(a), and
73.3526 of the Rules by failing to maintain required directional
patterns within prescribed parameters, operate within authorized power
limits, and maintain and make available a complete public inspection
file. As a result, the twenty-one thousand dollar ($21,000) forfeiture
proposed in the NAL is warranted.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Act, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the
Rules, Steckline Communications, Inc. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for
violations of Sections 73.62, 73.1560(a), 73.1745(a), and 73.3526 of
the 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 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.^ Steckline Communications, Inc. shall send electronic
notification of payment to 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.
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.
10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class and Certified Mail, Return Receipt Requested, to Steckline
Communications, Inc. at 1632 South Maize Road, Wichita, KS 67209 and
1300 North 17^th Street, 11^th Floor, Arlington, VA 22209.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
^ 47 C.F.R. SS 73.62, 73.1560(a), 73.1745(a), 73.3526.
^ Steckline Communications, Inc. Notice of Apparent Liability for
Forfeiture and Order, 28 FCC Rcd 14618 (Enf. Bur. 2013) (NAL). A
comprehensive recitation of the facts and history of this case can be
found in the NAL and is incorporated herein by reference.
^ Id. at 14618, paras. 2-3.
^ Id. at 14618-19, para. 3.
^ Id. at 14619, para.4.
^ Letter from Greg Steckline, President, Steckline Communications, Inc.,
to Kansas City Office, South Central Region, Enforcement Bureau at 1-2
(received Nov. 22, 2013) (on file in EB-FIELDSCR-12-00005157) (NAL
Response).
^ Id. at 1.
^ Id.
^ Id.
^ Id. at 1.
^ Id. at 2; See Steckline Communications, Inc., Notice of Apparent
Liability for Forfeiture, 28 FCC Rcd 6168 (Enf. Bur. 2013) (KYUL NAL);
Steckline Communications, Inc., Notice of Apparent Liability for
Forfeiture, 28 FCC Rcd 6174 (Enf. Bur. 2013) (KIUL NAL).
^ 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).
^ See NAL supra note 2. Section 73.62 of the Rules requires AM licensees
operating a directional antenna to maintain directional antenna relative
phases within 3 degrees of the values specified or terminate operations
within three hours or reduce power to eliminate excessive radiation. 47
C.F.R. S 73.62. Section 73.1560(a) of the Rules requires AM station
licensees to maintain their antenna input power within 90% and 105% of the
authorized power. 47 C.F.R. S 73.1560(a). Section 73.1745(a) of the Rules
requires licensees to operate their stations pursuant to the terms
contained in their authorizations. 47 C.F.R. S 73.1745(a).
^ See NAL Response at 1. Commission precedent has established that a
violator can be held liable for violations resulting from employee
mistakes. See, e.g., Tidewater Communications, LLC, Order on Review, 25
FCC Rcd 1675, 1676, para. 5 (2010) (citing North Country Repeaters,
Forfeiture Order, 19 FCC Rcd 22139 (Enf. Bur. 2004)); Standard
Communications Corp., Memorandum Opinion and Order, 1 FCC Rcd 358 (1986).
^ We note Steckline has not provided any corroborating evidence of its
tampering claims or any reasonable theories regarding the identity and
motives of the alleged third party.
^ See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
Order, 6 FCC Rcd 4387, 4387, para. 3 (1991) (holding that inadvertent
mistakes are not mitigating circumstances that can serve to justify a
forfeiture reduction), recons. denied, 7 FCC Rcd 3454 (1992); see also
Princess K Fishing Corp., Forfeiture Order, 24 FCC Rcd 2606, 2608-09,
para. 9 (Enf. Bur. 2009) (stating that a licensee need not have the mens
rea to commit a violation in order for a violation to be "willful"),
recons. dismissed, Memorandum Opinion and Order, 27 FCC Rcd 4707 (Enf.
Bur. 2012).
^ See NAL supra note 2.
^ See 47 C.F.R. S 73.3526(12).
^ NAL Response at 1.
^ See KYUL NAL at 6168-69; KIUL NAL at 6174-75. The agent observed that
Station KYUL-AM did not maintain a main studio in the Scott City, Kansas
area. See KYUL NAL. The agent also inspected Station KYUL-AM's public
inspection file and found it missing all documents and issues programs
lists after 2009. Id. In addition, the agent observed a section of the
fence surrounding Station KIUL-AM's antenna structure lying on the ground.
See KIUL NAL.
^ Steckline Communications, Inc., Notice of Violation, V201332500020 (Enf.
Bur. Nov. 29, 2012).
^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
73.62, 73.1560(a), 73.1745(a), 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 14-134
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Federal Communications Commission DA 14-134