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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Real Life Broadcasting, Inc. Licensee of Station WIFI
   Florence, New Jersey ) ) ) ) ) ) ) File No.: EB-FIELDNER-12-00002778
   NAL/Acct. No.: 201332400004 FRN: 0007-66-4493 Facility ID No.: 55310




             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: May 28, 2014  Released: May 28, 2014

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that Real Life Broadcasting, Inc. (Real Life), licensee of Station
       WIFI in Florence, New Jersey (Station) apparently willfully and
       repeatedly violated Section 73.1745(a) of the Commission's rules
       (Rules),^ by failing to operate its Station within authorized power
       limitations. We conclude that Real Life is apparently liable for a
       forfeiture in the amount of six thousand dollars ($6,000). In
       addition, no later than thirty (30) calendar days from the release
       date of this NAL, Real Life must submit a statement signed under
       penalty of perjury stating that Station WIFI is operating consistent
       with its license.

   II. BACKGROUND

    2. Station WIFI's license authorizes it to operate with 5.25 kilowatts
       during the day and 0.540 kilowatts at night.^ On June 6 and June 7,
       2012, in response to a complaint, an agent from the Enforcement
       Bureau's Philadelphia Office (Philadelphia Office) measured the field
       strength of the Station's transmissions during the day and at night
       and observed no change in field strength after local sunset time.^
       During the month of June, local sunset time is 8:30 p.m. Eastern
       Daylight Time (EDT) in Florence, New Jersey.

    3. On June 13, 2012, agents conducted an inspection with the Station's
       Chief Engineer and found that a computer that automatically controls
       the Station's transmitter was programmed with the wrong time for
       switching from daytime power to nighttime power. Specifically, the
       computer was programmed to change the Station's power from its daytime
       power to its nighttime power at 10:30 p.m. for the month of June. In
       addition, agents took field strength measurements when the Station was
       operating in daytime mode and nighttime mode from the same location as
       they had on June 6 and June 7, 2012. By comparing the field strengths
       associated with each of those modes, the agents were able to confirm
       the Station's overpowered operation on June 6 and June 7, 2012.^

   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 Sections 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 Operate within Parameters of License

    5. Section 73.1745(a) of the Rules states that "[n]o broadcast station
       shall operate at times, or with modes or power, other than those
       specified and made part of the license, unless otherwise provided in
       this part."^ On June 6 and June 7, 2012, an agent observed that the
       Station operated with daytime power after local sunset time. Based on
       the evidence before us, we find that Real Life apparently willfully
       and repeatedly violated Sections 73.1745(a) of the Rules by failing to
       operate within authorized power limits.

    B. Proposed Forfeiture Amount

    6. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for exceeding the power
       limits is $4,000.^ 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, any history of prior offenses,
       ability to pay, and other such matters as justice may require.^ ^ In
       doing so, we find that Real Life's prior overpower operations^
       warrants an upward adjustment of $2,000.^ Applying the Forfeiture
       Policy Statement, Section 1.80 of the Rules, and the statutory factors
       to the instant case, we conclude that Real Life is apparently liable
       for a total forfeiture in the amount of six thousand dollars ($6,000).

    7. We direct Real Life to submit a written statement, pursuant to Section
       1.16 of the Rules,^ signed under penalty of perjury by an officer or
       director of Real Life, stating that the Station is currently operating
       consistent with its license. This statement must be provided to the
       Philadelphia Office at the address listed in paragraph 10, below,
       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,
       0.311, 0.314, and 1.80 of the Commission's rules, Real Life
       Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of six thousand dollars ($6,000) for
       violations of Section 73.1745(a) 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, Real Life
       Broadcasting, Inc. 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 Real Life Broadcasting, Inc. SHALL SUBMIT a
       statement as described in paragraph 7, above, to the Philadelphia
       Office 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, Philadelphia Office, One Oxford Valley
       Building, Suite 404, 2300 East Lincoln Highway, Langhorne,
       Pennsylvania 19047. Real Life Broadcasting, Inc. 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. Real Life Broadcasting, Inc. will also send
       electronic notification on the date said payment is made to
       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, Philadelphia Office, One Oxford Valley Building, Suite 404,
       2300 East Lincoln Highway, Langhorne, Pennsylvania 19047 and include
       the NAL/Acct. No. referenced in the caption. Real Life also shall
       e-mail the written response to [1]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 first class mail to Real Life at 2025 Columbus Road,
       Burlington, New Jersey 08016.

   FEDERAL COMMUNICATIONS COMMISSION

   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 73.1745(a).

   ^ See File No. BL-920821AA

   ^ On June 6, 2012, the field strength was measured at 28 mV/m 7:22 p.m.,
   8:08 p.m. and 10:00 p.m.. On June 7, 2012, the field strength was measured
   at 28 mV/m at 8:47 p.m., 26 mV/m at 10:00 p.m., 27 mV/m at 10:18 p.m., and
   27 mV/m at 10:28 p.m.

   ^ The measured field strength was 26.5 mV/m in daytime mode and 6 mV/m in
   nighttime mode. If the Station switched from daytime to nighttime mode on
   June 6 and June 7, 2012, the agents would have observed a corresponding
   decrease in field strength.

   ^ 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 act
   (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., Application for Review of Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recons.
   denied, 7 FCC Rcd 3454 (1992).

   ^ See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (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 73.1745(a).

   ^ 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).

   ^ Real Life Broadcasting, Inc., Forfeiture Order,  24 FCC Rcd 11585 (Enf.
   Bur. 2009) (violated, inter alia, Section 73.1745(a) of the Rules by
   operating with excessive power)  (forfeiture paid).

   ^ See, e.g., Pittman Broadcasting Service, LLC, 28 FCC Rcd 7980 (Enf. Bur.
   2013); Donald D. Coss, Notice of Apparent Liability for Forfeiture, 25 FCC
   Rcd 16924 (Enf. Bur. 2010) (upwardly adjusting forfeiture due to prior
   violation of rule at issue); CBS Radio East Inc., Notice of Apparent
   Liability for Forfeiture, 24 FCC Rcd 1293 (Enf. Bur. 2009) (upwardly
   adjusting forfeiture due to prior violation of rule at issue); Union
   Broadcasting, Inc., Forfeiture Order, 19 FCC Rcd 18588 (Enf. Bur. 2004)
   (upholding upward adjustment due to prior Notice of Violation citing
   multiple violations of the rule at issue).

   ^ 47 C.F.R. S 1.16.

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80,
   73.1745(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.

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 14-723

                                       2

   Federal Communications Commission DA 14-723

References

   Visible links
   1. mailto:NER-Response@fcc.gov