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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Entertainment Media Trust, Dennis J. Watkins, Trustee
Licensee of Station WQQX East St. Louis, Illinois Licensee of Station WQQW
Highland, Illinois ) ) ) ) ) ) ) ) ) File No.: EB-10-CG-0080;
EB-FIELDNER-12-00004411 NAL/Acct. No. 201132320003 FRN: 0014655476
Facility ID Nos.: 72815, 90598
FORFEITURE ORDER
Adopted: March 24, 2014 Released: March 24, 2014
By the Regional Director, Northeast Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of eight thousand five hundred dollars ($8,500) to
Entertainment Media Trust, Dennis J. Watkins, Trustee (Entertainment
Media Trust or the Licensee), licensee of AM Stations WQQX, East St.
Louis, Illinois and WQQW, Highland, Illinois, for willfully violating
Section 73.3526 of the Commission's rules (Rules).^ The noted
violations involved Entertainment Media Trust's failure to make
available complete public inspection files for Stations WQQX and WQQW.
II. BACKGROUND
2. On May 19, 2011, the Enforcement Bureau's Chicago Office issued a
Notice of Apparent Liability for Forfeiture (NAL) ^ ^ to
Entertainment Media Trust for its failure to maintain and make
available complete public inspection files for Stations WQQX and WQQW.
As described in detail in the NAL,^ an agent from the Chicago Office
conducted an inspection of co-located Stations WQQX and WQQW on April
21, 2010. In view of the record evidence, including the fact that
agents from the Enforcement Bureau found public inspection file
violations at two other stations owned by the Licensee on the same day
as the inspection here, the NAL proposed a forfeiture of $24,000
against Entertainment Media Trust for violations of Section 73.3526 of
the Rules. Entertainment Media Trust submitted a response to the NAL
requesting reduction of the proposed forfeiture, because it asserts it
(1) maintained complete public inspection files and temporarily
misplaced them during the inspection, (2) has a history of compliance
with the Rules, and (3) is unable to pay the forfeiture.^
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 Entertainment Media Trust'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 Entertainment
Media Trust's response in light of these statutory factors and reduce
the forfeiture to $8,500 based on its documented inability to pay.
4. We affirm the NAL's finding that Entertainment Media Trust violated
Section 73.3526 of the Rules. Section 73.3526 of the Rules states that
"[e]very permittee or licensee of an AM, FM, TV or a Class A station
in the commercial broadcast services shall maintain a public
inspection file containing the material" set forth in that section.^
As described in the NAL, an agent from the Chicago Office requested to
inspect the public inspection files for Station WQQX and Station WQQW
on April 21, 2010 and found that neither station had a public
inspection file. Entertainment Media Trust does not deny these facts,
but asserts that the "deficiencies in the WQQX and WQQW public files
arose from the ... attendant consolidation of business operations of
all four stations [KZQZ, KQQZ, WQQX and WQQW] into one location [in
Belleville, Illinois] resulting in the temporary mislocation of
certain portions of public files. ... Offices were temporarily
relocated along with files and furnishings during the construction
process and the personnel on hand on [April 21, 2010] were unable to
locate the relevant documents.^
5. During the inspection of the Belleville main studio on April 21, 2010,
station management mentioned the consolidation and that some public
inspection file documents might be in a back room. The agent from the
Chicago Office gave station staff ample time to look through the boxes
in the back room, but they were unable to locate the missing public
files or any evidence that the public files had been maintained. Thus,
even if Entertainment Media Trust did misplace the missing contents of
its public inspection files during the consolidation, the Licensee's
actions would still constitute a violation of Section 73.3526 of the
Rules. That section requires that the file be made available for
public inspection upon request at the station's main studio, which at
the time of the inspection was the Belleville location.^ Therefore, we
find that Entertainment Media Trust willfully violated Section 73.3526
of the Rules by failing to make available complete public inspection
files.
IV. Inability to Pay
6. Entertainment Media Trust requests reduction of the proposed
forfeiture based on its inability to pay.^ With regard to an
individual's or entity's inability to pay, the Commission has
determined that, in general, gross revenues are the best indicator of
an ability to pay a forfeiture.^ Having reviewed Entertainment Media
Trust's submitted documentation, we conclude that the forfeiture
should be reduced further to $8,500, an amount within the range
determined by the Bureau to not be excessive.
V. 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(f)(4) of the Commission's rules, Entertainment
Media Trust, Dennis J. Watkins, Trustee IS LIABLE FOR A MONETARY
FORFEITURE in the amount of eight thousand five hundred dollars
($8,500) for violations of Section 73.3526 of the Commission's rules.^
8. 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.^ Entertainment Media Trust, Dennis J.
Watkins, Trustee shall send electronic notification of payment to
[1]NER-Response@fcc.gov on the date said payment is made.
9. 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 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.
11. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class and Certified Mail, Return Receipt Requested, to
Entertainment Media Trust, Dennis J. Watkins, Trustee at 6500 West
Main Street, Suite 315, Belleville, IL 62223 and to its counsel,
Anthony T. Lepore, Esq., P.O. Box 823662, South Florida, FL
33082-3662.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Regional Director
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 73.3526(e)(12).
^ Entertainment Media Trust, Dennis J. Watkins, Trustee, Notice of
Apparent Liability for Forfeiture, 26 FCC Rcd 6886 (Enf. Bur. 2011)(NAL).
^ 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 Anthony T. Lepore, Esq., Counsel for Entertainment Media
Trust, to the Chicago Office (June 13, 2011)(on file in EB-10-
CG-0080)(NAL Response).
^ 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).
^ NAL Response at 1.
^ See Spirit Broadcasting, Inc., Forfeiture Order, 26 FCC Rcd 15276 (Enf.
Bur. 2011) aff'g Notice of Apparent Liability for Forfeiture and Order, 26
FCC Rcd 10212 (Enf. Bur. 2011).
^ NAL Response at 2. Entertainment Media Trust also argues for a reduced
forfeiture because of its history of compliance and good-faith efforts to
comply with the Commission's public inspection file rules. Because we are
already reducing the forfeiture based on the Licensee's inability to pay
well beyond any reduction Entertainment Media Trust would otherwise
receive, we need not address these other claims.
^ 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).
^ 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 14-392
2
Federal Communications Commission DA 14-392
References
Visible links
1. mailto:NER-Response@fcc.gov
2. mailto:ARINQUIRIES@fcc.gov