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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Meade County Communications, Inc. Licensee of Station
   WMMG Brandenburg, Kentucky Facility ID # 40927 ) ) ) ) ) ) ) File Nos.
   EB-10-CG-0638; EB-FIELDNER-12-00004398 NAL/Acct. No. 201232320001 FRN:
   0003762333




                                Forfeiture Order

   Adopted: June 3, 2014 Released: June 3, 2014

   By the Regional Director, Northeast Region, Enforcement Bureau:

   I. Introduction

    1. We impose a penalty of $10,000 against Meade County Communications,
       Inc. (Meade), the licensee of AM Station WMMG, in Brandenburg,
       Kentucky, for failing to maintain and make available the
       issues/program lists in the station's public inspection file. Station
       WMMG was missing 24 quarters of issues/programs lists, which at the
       time of the inspection covered the station's entire license term.
       Meade does not deny that it failed to maintain the issues/programs
       lists, but requests cancellation or reduction of the forfeiture based
       on its inability to pay and history of compliance with the
       Commission's rules (Rules). For the reasons stated below, we decline
       to either cancel or reduce the forfeiture.

    2. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of ten thousand dollars ($10,000) to Meade for willfully
       and repeatedly violating Section 73.3526(e)(12) of the Rules.^ As
       noted above, the violations involved Meade's failure to maintain and
       make available the issues/programs lists in the station's public
       inspection file.

   II. Background

    3. On October 14, 2011, the Chicago Office of the Enforcement Bureau's
       Northeast Region issued a Notice of Apparent Liability for Forfeiture
       (NAL) finding Meade in apparent violation of Section 73.3526(e)(12)
       of the Rules for failing to maintain and make available the
       issues/program lists in the public inspection file and proposing a
       $10,000 monetary forfeiture.^ As reflected in the NAL, an agent from
       the Chicago Office reviewed the materials in Station WMMG's public
       inspection file and found that the file did not contain any quarterly
       issues/programs lists for the current license term, i.e., it was
       missing 24 quarters of issues/programs lists.^

    4. Meade submitted a response to the NAL requesting cancellation or
       reduction of the forfeiture. In its response, Meade does not dispute
       the findings in the NAL, but claims that cancellation or reduction is
       warranted based on its inability to pay and history of compliance with
       the Rules.^

   III. Discussion

    5. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act,^ Section 1.80 of the Rules,^ and the
       Forfeiture Policy Statement.^ In examining Meade'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 fully considered Meade's
       response to the NAL in light of these statutory factors and find that
       neither cancellation nor reduction of the forfeiture is warranted.

    6. We affirm the NAL's undisputed finding that Meade failed to maintain
       and make available issues/programs lists in its public inspection file
       and decline to cancel or reduce the forfeiture. Although Meade does
       not dispute the finding in the NAL, it claims that cancellation or
       reduction in the forfeiture is warranted based on its inability to pay
       and history of compliance with the Rules. We disagree. In general, an
       entity's "gross revenues are the best indicator of its ability to pay
       a forfeiture."^ Having examined the tax returns submitted by Meade, we
       find that a $10,000 forfeiture expressed as a percentage of Meade's
       gross revenues is payable,^ and as such, decline to cancel or reduce
       the forfeiture on this basis.

    7. We also decline to reduce the forfeiture based on Meade's alleged
       history of compliance with the Rules. In 2004, the Enforcement Bureau
       issued a Forfeiture Order to Meade in the amount of $3,000 for failure
       to register the antenna structure used in the operation of Station
       WMMG-FM.^ Accordingly, after consideration of the entire record, the
       Forfeiture Policy Statement, and the factors set forth in Section
       503(b)(2)(E) of the Act,^ we find that Meade violated Section
       73.3526(e)(12)  of the Rules and a forfeiture in the amount of $10,000
       is appropriate in this case.

   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(f)(4) of the Commission's rules, Meade County
       Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount
       of ten thousand dollars ($10,000) for violation of Section
       73.3526(e)(12) 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 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.^  Meade County Communications, Inc. shall
       send electronic notification of payment to NER-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,
       [1]ARINQUIRIES@fcc.gov.

   11. 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 Meade County Communications, Inc. at 1715 Bypass Road,
       Brandenburg, Kentucky, 40108, and to its counsel, Dawn Sciarrino,
       Sciarrino & Shubert, 5425 Tree Line Drive, Centreville, Virginia
       20120.

   FEDERAL COMMUNICATIONS COMMISSION

   G. Michael Moffitt

   Regional Director, Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 73.3526(e)(12).

   ^Meade County Communications, Inc., Notice of Apparent Liability for
   Forfeiture, 26 FCC Rcd 14321 (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.

   ^ NAL, 26 FCC Rcd at 14321.

   ^ See Statement of Chris McGehee, president and sole shareholder of Meade
   County Communications, Inc., to Chicago Office, Northeast Region,
   Enforcement Bureau (rec. Nov. 10, 2011) (on file in
   EB-FIELDNER-13-00008780).

   ^ 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).

   ^ PJB Commc'ns of Va., Inc., Memorandum Opinion and Order, 7 FCC Rcd 2088,
   2089, para. 8 (1992).

   ^ See id. (forfeiture not deemed excessive where it represented
   approximately 2.02 percent of the violator's gross revenues); Coleman
   Enters., Inc., Order of Reconsideration, 16 FCC Rcd 10023, 10025, para. 6
   (2001) (forfeiture not deemed excessive where it represented approximately
   7.9 percent of the violator's gross revenues); Hoosier Broad. Corp.,
   Memorandum Opinion and Order, 15 FCC Rcd 8640, 8641, para. 7 (Enf. Bur.
   2002) (forfeiture not deemed excessive where it represented approximately
   7.6 percent of the violator's gross revenues).

   ^ See Meade County Communications, Inc., Forfeiture Order, 19 FCC Rcd 1020
   (Enf. Bur. 2004) (forfeiture paid).

   ^ 47 U.S.C. S 503(b)(2)(E). See 47 C.F.R. S 1.80(b)(8).

   ^ 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(e)(12).

   ^ 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.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 14-768

   2

   Federal Communications Commission DA 14-768

References

   Visible links
   1. mailto:ARINQUIRIES@fcc.gov