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Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of People's Broadcast Network, LLC Licensee of AM Station
WDJZ Bridgeport, Connecticut ) ) ) ) ) ) ) File No.:
EB-FIELDNER-13-00006508 NAL/Acct. No.: 201432260001 FRN No.: 0007650369
Facility ID No.: 8516

NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

Adopted: March 20, 2014 Released: March 20, 2014

By the District Director, Boston Office, Northeast Region, Enforcement
Bureau:

I. INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
that People's Broadcast Network, LLC (People's Broadcast Network),
licensee of AM Station WDJZ in Bridgeport, Connecticut (Station),
apparently willfully and repeatedly violated Section 73.49 of the
Commission's rules (Rules)^ by failing to enclose the antenna
structures in Station WDJZ's three-tower array within effective locked
fences or other enclosures. We conclude that People's Broadcast
Network is apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000). In addition, we direct People's Broadcast
Network to submit, no later than thirty (30) calendar days from the
date of this NAL, a statement signed under penalty of perjury stating
that People's Broadcast Network complies with the Commission's fencing
requirements.

II. BACKGROUND

2. On July 20, 2012, agents from the Enforcement Bureau's Boston Office
(Boston Office) inspected AM Station WDJZ's three-tower array located
at 39 Salt Street in Bridgeport, Connecticut. All three antenna
structures have radio frequency potential at their bases.^ The agents
observed that the wooden fences surrounding each of the antenna
structures were missing entire sections, which allowed unrestricted
access to the base of each of the antenna structures. The agents did
not observe a perimeter fence surrounding the property where the
antenna structures were located. Later that day, one of the agents
contacted the Station's General Manager and advised him about the
condition of the fences. The General Manager stated to the agent that
he was aware of the damaged fences, but that financial difficulties
had prevented People's Broadcast Network from repairing the fences.
The agent advised the General Manager to install temporary fencing
until permanent fences could be installed.

3. On August 27, 2013, agents from the Boston Office re-inspected Station
WDJZ's three-tower array and found that the fences around the antenna
structures had been neither repaired nor replaced. Indeed, the agent
observed that even more sections were missing from the fences. One of
the agents contacted the Station and left a message with the General
Manager regarding the uncorrected and deteriorating condition of the
fences.

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 section 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 Enclose the Antenna Structure Within an Effective Locked
Fence or Other Enclosure

5. Section 73.49 of the Rules states that antenna structures "having
radio frequency potential at the base ... must be enclosed within
effective locked fences or other enclosures."^ Individual fences need
not be installed if the antenna structures are contained within a
protective property fence.^ On July 20, 2012, Boston Office agents
observed that the fences surrounding Station WDJZ's antenna structures
were each missing several sections, thereby allowing unrestricted
access to the antenna structure bases. When the agent contacted
People's Broadcast Network on July 23, 2012, the Station's General
Manager acknowledged the condition of the fences and stated that he
had contacted a contractor to evaluate the damage. Nevertheless, when
the agents returned to the tower site on August 27, 2013, the agents
found that, not only had the fences not been repaired or replaced, but
the condition of the fences had deteriorated further. Based on the
evidence before us, we find that People's Broadcast Network apparently
willfully and repeatedly violated Section 73.49 of the Rules by
failing to enclose Station WDJZ's antenna structures with effective
locked fences or other enclosures.

B. Proposed Forfeiture Amount and Reporting Requirement

6. Pursuant to the Commission's Forfeiture Policy Statement and Section
1.80 of the Rules, the base forfeiture amount for failure to maintain
AM tower fencing is $7,000.^ 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, and history of prior
offenses, ability to pay, and other such matters as justice may
require.^ People's Broadcast Network's failure to make any effort to
repair or replace the damaged fencing at its three-tower array, even
after being reminded by FCC agents about the condition of the fences
and their importance, reflects a deliberate disregard for the Rules
that warrants an upward adjustment. Applying the Forfeiture Policy
Statement, Section 1.80 of the Rules, and the statutory factors to the
instant case, we conclude that People's Broadcast Network is
apparently liable for a total forfeiture in the amount of $10,000. ^ ^

7. We further order People's Broadcast Network to submit a written
statement, pursuant to Section 1.16 of the Rules,^ signed under
penalty of perjury by an officer or director of People's Broadcast
Network, stating that the Station complies with the Commission's
fencing rules and that its antenna structures are enclosed within
effective locked fences or other enclosures. This statement must be
provided to the Boston Office at the address listed in paragraph 10
within thirty (30) calendar days of the release date of this NAL.

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(b),
0.311, 0.314 and 1.80 of the Commission's Rules, People's Broadcast
Network, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A
FORFEITURE in the amount of ten thousand dollars ($10,000) for
violation of Section 73.49 of the Rules.^

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, People's
Broadcast Network, LLC SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.

10. IT IS FURTHER ORDERED that People's Broadcast Network, LLC, Inc. SHALL
SUBMIT a written statement, as described in paragraph 7, within thirty
(30) calendar days of the release date of this Notice of Apparent
Liability for Forfeiture and Order. The statement must be mailed to
Federal Communications Commission, Enforcement Bureau, Northeast
Region, Boston Office, 1 Batterymarch Park, Quincy, Massachusetts,
02169. People's Broadcast Network, LLC shall also e-mail the written
statement to NER-Response@fcc.gov.

11. 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. People's Broadcast Network, LLC shall also send electronic
notification on the date said payment is made to [1]NER-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.

12. 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.

13. 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, Northeast
Region, Boston Office, 1 Batterymarch Park, Quincy, Massachusetts,
02169 and include the NAL/Acct. No. referenced in the caption.
People's Broadcast Network, LLC also shall email the written response
to [2]NER-Response@fcc.gov.

14. 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 practices (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.

15. 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 regular mail, to People's Broadcast Network, LLC at
301 Guinea Road, Stamford, Connecticut 06903.

FEDERAL COMMUNICATIONS COMMISSION

Dennis Loria

District Director

Boston Office

Northeast Region

Enforcement Bureau

^ 47 C.F.R. S 73.49.

^ See License for Station WDJZ, File No. BZ-901127AD.

^ 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 [A]ct
(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, [3]7 FCC Rcd 3454
(1992).

^ See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para10 (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 73.49.

^ Id.

^ 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. Equity Communications, LP, Notice of Apparent Liability for
Forfeiture and Order, 27 FCC Rcd 8031 (Enf. Bur., Philadelphia Office
2012) (proposing $3,000 upward adjustment for failing to immediately
correct the AM fencing violation and for previously committing a similar
violation); see also Equity Communications, LP, Notice of Apparent
Liability for Forfeiture and Order, 26 FCC Rcd 15187 (Enf. Bur.,
Philadelphia Office 2011) (proposing $3,000 upward adjustment for failure
to immediately correct antenna structure marking violation and AM fencing
violation).

^ 47 C.F.R. S 1.16.

^ 47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.204(b), 0.311, 0.314, 1.80,
73.49.

^ 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 14-379

References

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