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Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of D.T.V., LLC Licensee of Station WPHA-CD Philadelphia,
Pennsylvania ) ) ) ) ) ) File No.: EB-FIELDNER-13-00006557 NAL/Acct. No.:
201432400003 FRN: 0013224662 Facility ID No.: 72278

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted: April 25, 2014 Released: April 28, 2014

By the Commission:

I. INTRODUCTION

1. This case involves a television broadcast station licensee's repeated
and egregious disregard for several Commission rules, most significant
of which was its refusal, on two separate occasions, to comply with
its obligation to allow FCC agents to inspect its facilities. The
Commission's ability to conduct unannounced inspections to assess
licensees' compliance with its rules is essential to our
responsibility to promote safety of life and property through the use
of wire and radio communication.^ Nevertheless, despite its clear
regulatory duty, D.T.V., LLC (D.T.V.), licensee of Class A Television
Station WPHA-CD (Station WPHA or the Station) in Philadelphia,
Pennsylvania, twice refused to permit inspection of its facilities by
FCC agents.

2. In this Notice of Apparent Liability for Forfeiture (NAL), we find
that D.T.V.'s actions constitute apparently willful and repeated
violations of Section 73.1225(a) of the Commission's rules (Rules).^
We also find that D.T.V. apparently willfully violated Section
73.1125(a) of the Rules by failing to maintain a fully staffed main
studio and apparently willfully and repeatedly violated Section
73.1350(a) of the Rules by failing to operate Station WPHA in
accordance with the terms of the Station's authorization.^
Consequently, we conclude that D.T.V. is apparently liable for a
forfeiture in the amount of eighty-nine thousand two-hundred dollars
($89,200).

II. BACKGROUND

3. On the morning of August 17, 2011, at approximately 11:20 a.m., agents
from the Enforcement Bureau's Philadelphia Office (Philadelphia
Office) attempted to inspect the main studio for Station WPHA at 4651
Torresdale Avenue in Philadelphia, Pennsylvania. When the agents
arrived at the Station, they found that the main studio was
inaccessible because there was a locked gate across the driveway that
led to the building. The agents spoke to the Station Manager on the
telephone and requested access to the main studio to conduct an
inspection. Instead of providing the agents access to the main studio,
however, the Station Manager asked the agents to wait for him at the
gate. After about ten minutes, the Station Manager appeared at the
gate and the agents identified themselves. The Station Manager told
the agents that he was leaving for a doctor's appointment and asked
whether the agents could come back the following day to conduct the
inspection. In response to questions about staffing at the main
studio, the Station Manager reported that there was no one else
available at the main studio to facilitate an inspection. The agents
advised the Station Manager that the main studio needed to be
accessible to the general public and must be staffed during normal
business hours in accordance with Commission requirements.^
Nevertheless, the Station Manager refused to permit the inspection,
and the agents left without agreeing to return the next day.

4. After leaving the main studio location, one of the agents attempted to
contact Mr. Randolph Weigner, who according to Commission records is
the sole principal of D.T.V., the Station licensee.^ The agent left a
voicemail message reporting that the main studio was inaccessible to
the public and that the Station Manager had failed to make the
Station's main studio available for inspection. Although the agent
left his telephone number and requested that Mr. Weigner return his
call, Mr. Weigner did not return the agent's call. The agent also
followed up with a call to the Station's main studio, where he left a
voicemail message and requested a return call. The Station Manager
returned the call and advised the agent that he was still at his
doctor's appointment. The agent noted to the Station Manager that,
based on the caller identification number, the Station Manager
appeared to be calling from the main studio. The Station Manager
stated that the Station used his personal cellular number as the
Station's main studio number.

5. On the morning of September 30, 2011, again during regular business
hours, the agents returned to the Station and again attempted to
inspect the Station's main studio. The agents observed that the main
studio was still inaccessible because the main access gate was locked.
While the agents stood outside the gate, the Station Manager exited
the main studio building and appeared at the gate. The agents
identified themselves and again asked to conduct a main studio
inspection, and advised the Station Manager that the Station's main
access gate must not be locked during normal business hours. Once
again, instead of providing access to conduct the inspection, the
Station Manager asked the agents to wait outside the gate, which
remained locked. After waiting more than ten minutes for the Station
Manager to return, the agents left the scene.

6. That afternoon, the agents returned and conducted an exterior visual
inspection of the Station's main studio facility. The agents observed
that the main studio remained inaccessible because the Station's main
access gate was still locked. One of the agents therefore called the
main studio number and spoke again to the Station Manager. The agent
advised the Station Manager that the Station's main studio must be
made available for inspection by FCC agents, and that the locked gate
prevented access to the main studio. In response, the Station Manager
reported that the main access gate must remain locked for security
reasons and that the public must contact the station to obtain access.
The agents noted that no information was posted at the gate to inform
the public how to obtain access to the Station.

7. Later that day, one of the agents again attempted to contact Mr.
Weigner and left a voicemail message advising him that FCC agents
again were unable to gain access to the main studio to conduct an
inspection and that the main studio remained inaccessible to the
public because of the locked gate. Although the agent requested that
Mr. Weigner return his call, Mr. Weigner again did not do so.

8. On March 6, 2012, an agent monitored Station WPHA on Television
Channel 38 (614-620 MHz) and used direction-finding equipment to
locate the source of the transmissions to antenna structure number
1231524, which, according to Commission records, is owned by American
Towers LLC (American Towers).^ An American Towers employee assisted
the agent in identifying WPHA's transmitting equipment, which was
located in a room of a building next to the base of the antenna
structure. The agent spoke to American Towers' FCC Compliance Manager,
who confirmed that Station WPHA had operated from antenna structure
number 1231524 since 2004. According to Station WPHA's license,
however, the Station has been authorized to operate only from antenna
structure number 1026755, which is also owned by American Towers, and
is located 0.203 miles from antenna structure number 1231524.^ That
day, the agent conducted an inspection at antenna structure number
1026755 with the field operations technician for American Towers and
confirmed that Station WPHA did not have any transmitting equipment at
its authorized location.^

III. DISCUSSION

9. 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.^

10. This case involves a fundamental component of our regulatory scheme -
our ability to obtain accurate information from our licensees. The
Commission must judiciously employ its resources in monitoring
compliance with FCC rules by each of the thousands of entities subject
to our oversight. Accordingly, the agency relies on periodic
inspections by its field agents to verify regulatee compliance with
numerous critical rules, including those governing the Emergency Alert
System (EAS), power levels, and tower painting and lighting. D.T.V.
failed to meet its responsibility to have someone present at the
station during business hours, thereby preventing the public from
accessing the station. D.T.V. then substantially compounded its
misconduct by repeatedly refusing to permit inspection by an FCC
agent. Such actions not only undermine the Commission's ability to
ensure proper operation, but reflect indifference toward the
licensee's obligation to serve the public trust.

A. Refusal to Make Station Available for Inspection

11. Section 73.1225(a) of the Rules requires that the "licensee of a
broadcast station shall make the station available for inspection by
representatives of the FCC during the station's business hours, or at
any time it is in operation."^ On August 17, 2011, and September 30,
2011, agents from the Philadelphia Office attempted to inspect the
Station during normal business hours. Despite repeated contacts with
the Station Manager as well as multiple attempts to contact D.T.V.'s
sole principal for assistance in obtaining access to his Station's
main studio, the agents were refused entry to the main studio on two
separate occasions to conduct an inspection. Accordingly, based on the
evidence before us, we find that D.T.V. apparently willfully and
repeatedly violated Section 73.1225(a) of the Rules by refusing to
make the Station available for inspection by an FCC agent.

A. Main Studio Violation

12. Section 73.1125(a) of the Rules requires broadcast stations to
maintain a main studio.^ The Commission has interpreted Section
73.1125 (also known as the "Main Studio Rule") to require, among other
things, that a licensee maintain a "meaningful management and staff
presence" at its main studio.^ Specifically, the Commission has found
that a main studio "must, at a minimum, maintain full-time managerial
and full-time staff personnel."^ Although management personnel need
not be "chained to their desks" during normal business hours, they
must "report to work at the main studio on a daily basis, spend a
substantial amount of time there and . . . use the studio as a `home
base.'"^ Moreover, while the Commission has stated that the staff
person may "take on responsibilities for another business" to the
extent consistent with full performance of that person's station
duties, he or she may do so "as long as the main studio remains
attended during normal business hours."^ At a minimum, "attended
during normal business hours" requires that at least one person must
be on duty at all times at the main studio during normal business
hours.

13. On August 17, 2011, agents from the Philadelphia Office attempted to
conduct an inspection at the Station's main studio during business
hours. When agents contacted the Station Manager, he stated he was not
available to conduct the inspection and there was no one else
available at the main studio to facilitate the inspection because he
was leaving the facility for a doctor's appointment. Based on the
evidence before us, we find that D.T.V. apparently willfully violated
Section 73.1125(a) of the Rules by failing to maintain a full-time
management and staff presence at the Station's main studio during
regular business hours.

A. Failure to Operate in Accordance with Station Authorization

14. Section 73.1350(a) of the Rules states that "[e]ach licensee is
responsible for maintaining and operating its broadcast station in a
manner which complies with the technical rules . . . and in accordance
with the terms of the station authorization."^ On March 6, 2012, an
agent of the Philadelphia Office inspected the transmission facility
for the Station and determined that the Station was operating from an
unauthorized location. An employee from American Towers, the antenna
structure owner, confirmed that D.T.V. had operated the Station from
the unauthorized location since 2004. Accordingly, based on the
evidence before us, we find that D.T.V. apparently willfully and
repeatedly violated Section 73.1350(a) of the Rules by failing to
operate the Station in accordance with the terms of the Station's
authorization.

A. Proposed Forfeiture Amount

15. Pursuant to the Commission's Forfeiture Policy Statement and Section
1.80 of the Rules, the base forfeiture amount for violations of the
Main Studio Rule is $7,000, the base forfeiture amount for
construction or operation at an unauthorized location is $4,000, and
the base forfeiture for failing to make a station available for
inspection is $7,000.^ The Commission also retains the discretion,
however, to issue a higher or lower forfeiture than provided in the
Forfeiture Policy Statement based on 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.^ For violations by broadcast licensees, the Communications
Act authorizes monetary forfeitures of up to $37,500 for each
violation or, in the case of a continuing violation, the Commission
may impose monetary forfeitures of up to $37,500 for each day of such
continuing violation up to a maximum forfeiture of $375,000 for any
single act or failure to act.^

16. With respect to D.T.V.'s apparent violation of the Main Studio Rule,
we propose the base forfeiture - $7,000. Regarding D.T.V.'s operation
of WPHA from an unauthorized location, we propose a forfeiture in the
amount of $7,200, which reflects an upward adjustment of $3,200 to the
base forfeiture amount due to the duration of the apparent violation.^

17. D.T.V.'s apparent willful and repeated failure to allow the FCC agents
to inspect Station WPHA during normal business hours,^ however, raises
more serious concerns. D.T.V.'s actions threaten to compromise the
Commission's ability to fully investigate potential violations of its
rules. By refusing to allow access to its main studio, D.T.V.
prevented the agents from conducting a comprehensive inspection of the
Station's facilities and filings, including the Station's Public
Inspection File.

18. This is simply unacceptable. The licensee and its sole principal are
experienced broadcasters and own numerous broadcast stations,
including multiple Class A Television facilities across the country.^
Consequently, D.T.V. and its sole principal are well aware of the
Commission's rules requiring licensees to make their broadcast
stations available for "on-the-spot" inspections at the request of FCC
agents. Indeed, D.T.V. concedes that FCC agents have inspected Station
WPHA "multiple times, including both the studio and transmitter
facilities."^ As we have previously noted, FCC agents do not need to
make an appointment to inspect a broadcast licensee's main studio and
records, and such inspection is not subject to the convenience of the
licensee.^ Although earlier cases where FCC agents were unable to
conduct inspections of main studios or the public inspection file may
have resulted in smaller forfeitures, none of those cases involved
repeated, direct, in-person refusals of access by the highest levels
of a broadcast station's management, as well as multiple failures by
the licensee's sole principal to return FCC agent calls concerning the
refusals. Here, by contrast, D.T.V.'s actions exhibited a blatant
disregard of and contempt for the Commission's authority. Ensuring the
expeditious and effective enforcement of the Commission's rules is
critically important and that objective requires licensees to provide
FCC agents with timely access to their facilities. Accordingly, a
broadcast licensee's continued refusal to allow FCC agents to inspect
its station in accordance with Section 73.1225(a) is an egregious
violation of the Commission's rules warranting stringent enforcement
action.

19. Given the gravity and repeated and willful nature of these apparent
violations, we conclude that a total proposed forfeiture of $75,000 is
fully justified for D.T.V.'s failures to allow inspection (the
statutory maximum of $37,500 for each failure to allow an
inspection).^ We also caution D.T.V. that any future failure to allow
an inspection of Station WPHA, or any other stations licensed to
D.T.V. or its affiliated companies, may result in the imposition of
additional (and potentially higher) forfeitures, as well as other
enforcement actions, as appropriate.^ Applying the Forfeiture Policy
Statement, Section 1.80, and the statutory factors to the instant
case, we conclude that D.T.V. is apparently liable for a total
forfeiture in the amount of $89,200 - $75,000 for failure to allow FCC
agents to conduct a station inspection on two occasions, $7,000 for
violation of the Main Studio Rule, and $7,200 for operating Station
WPHA from an unauthorized location.

IV. ORDERING CLAUSES

20. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111 and 1.80 of
the Commission's rules, D.T.V., LLC is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of eighty-nine
thousand two-hundred dollars ($89,200) for violations of Sections
73.1125(a), 73.1225(a), and 73.1350(a) of the Commission's rules.^

21. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's rules, within thirty (30) days of the release date of
this Notice of Apparent Liability for Forfeiture, D.T.V., LLC SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.

22. 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. D.T.V., 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.

23. 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.

24. 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/Account Number referenced in the caption. D.T.V., LLC also
shall e-mail the written response to [2]NER-Response@fcc.gov.

25. 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 principles (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.

26. IT IS FURTHER ORDERED that copies of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and first class mail, to D.T.V., LLC at 1903 South Greeley
Highway # 127, Cheyenne, Wyoming 82007, and to Peter Tannenwald,
counsel for D.T.V., LLC, at Fletcher, Heald, & Hildreth, P.L.C., 1300
North 17^th Street, 11^th Floor, Arlington, Virginia 22209.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

^ 47 U.S.C. S 151.

^ 47 C.F.R. S 73.1225(a).

^ 47 C.F.R. SS 73.1125(a), 73.1350(a).

^ Those staffing requirements are discussed at infra paragraph 12.

^ See D.T.V., LLC, FCC Form 323 Ownership Report, File No. BOA-20111027AFV
(D.T.V., LLC Ownership Report).

^ Antenna structure number 1231524 is located at 400-405 Domino Lane,
Philadelphia, Pennsylvania at the coordinates 40-o 02' 30.1" North
Latitude 075-o 14' 10.1" West Longitude. ASB File No. A0842106.

^ See File No. BLDTA-20101118AIV. Antenna structure number 1026755 is
located at 216 Paoli Avenue, Philadelphia, Pennsylvania at the coordinates
40-o 02' 19.7" North Latitude 075-o 14' 12.8" West Longitude. ASB File No.
A0806073.

^ A search of the FCC database at the time of the agent's visit to the
transmitter site revealed that the Station had never filed for a special
temporary authorization to operate from antenna structure number 1231524.
Following the agent's inspection of the transmission facility, D.T.V.
filed a modification application to change the transmitter coordinates for
antenna structure number 1231524. See D.T.V., LLC, Application for
Authority to Construct or Make Changes in a Class A Television Broadcast
Station, File No. BPDTA-20120307AAR (filed Mar. 8, 2012). The application
was subsequently granted and a license was issued to D.T.V. to cover the
modified transmission facility.

^ 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., Southern California Broadcasting Co., Memorandum Opinion and
Order, 6 FCC Rcd 4387, 4388, para. 5 (1991), recon. 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, para. 9.

^ 47 C.F.R. S 73.1225(a).

^ 47 C.F.R. S 73.1125(a).

^ Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the
Main Studio and Program Origination Rules for Radio and Television
Broadcast Stations, Memorandum Opinion and Order, 3 FCC Rcd 5024, 5026,
para. 24 (1988), erratum issued, 3 FCC Rcd 5717 (1988) (correcting
language in n.29).

^ See Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and
Order, 6 FCC Rcd 3615, 3616 & n.2, para. 9 (1991) (noting that, "[t]his
is not to say that the same staff person and manager must be assigned
full-time to the main studio. Rather, there must be management and staff
presence on a full-time basis during normal business hours to be
considered `meaningful'"), clarified by, 7 FCC Rcd 6800 (1992) (Jones
Eastern II); see also [3]Birach Broadcasting Corp., Notice of Apparent
Liability for Forfeiture, 25 FCC Rcd 2635 (Enf. Bur. 2010).

^ Jones Eastern II, 7 FCC Rcd at 6802, para. 11.

^ Id.

^ 47 C.F.R. S 73.1350(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), recon.
denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.

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

^ See 47 U.S.C. S 503(b)(2)(A); 47 C.F.R. S 1.80(b)(1) (2011). These
amounts reflect inflation adjustments to the forfeitures specified in
Section 503(b)(2)(A). The Federal Civil Penalties Inflation Adjustment Act
of 1990, Pub. L. No. 101-410, 104 Stat. 890, as amended by the Debt
Collection Improvement Act of 1996, Pub. L. No. 104-134, Sec. 31001, 110
Stat. 1321 (DCIA), requires the Commission to adjust its forfeiture
penalties periodically for inflation. See 28 U.S.C. S 2461 note (4). The
Commission most recently adjusted its penalties to account for inflation
in 2013. See Amendment of Section 1.80(b) of the Commission's Rules,
Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, 28 FCC
Rcd 10785 (Enf. Bur. 2013); see also Inflation Adjustment of Monetary
Penalties, 78 Fed. Reg. 49,370-01 (Aug. 14, 2013) (setting Sept. 13, 2013,
as the effective date for the increases). Because the DCIA specifies that
any inflationary adjustment "shall apply only to violations that occur
after the date the increase takes effect," however, we apply the
forfeiture penalties in effect at the time the apparent violation took
place. 28 U.S.C. S 2461 note (6). Here, because the apparent violations at
issue occurred in 2011, the applicable maximum penalties are based on the
Commission's previous inflation adjustment that became effective on
September 2, 2008. See Inflation Adjustment of Maximum Forfeiture
Penalties, 73 Fed. Reg. 44,663, 44,664 (July 31, 2008).

^ See e.g., Mt. Rushmore Broadcasting, Inc., 27 FCC Rcd 8263 (Enf. Bur.
2012) (proposing upward adjustment in base forfeiture amount from $4,000
to $8,000 for operating a Studio to Transmitter Link at an unauthorized
location for ten years).

^ While the agents attempted to inspect the Station during normal business
hours, we note that Section 73.1225(a) of the Rules requires broadcast
licensees to make a station available for inspection by FCC agents "at any
time it is in operation." 47 C.F.R. S 73.1225(a).

^ According to its most recent ownership report, D.T.V. holds licenses for
the following Class A and TV translator stations: WPHA-CD, WIRE-CD,
KSEX-CA, WRAP-LP, KBOP-LD, and W21CQ. See D.T.V., LLC Ownership Report.
According to that report and the current Ownership Report of Sunshine
Broadcasting Company, Inc., File No. BOA-20111024ANL, of which Mr. Weigner
is also the sole principal, Sunshine is the licensee of Class A Television
Stations WIMP-CD and WARP-CD. On June 19, 2013, the Media Bureau granted
an application for authority to assign WARP-CD. See File No.
BALDTA-20121102AET.

^ Memorandum from Peter Tannenwald, Counsel for D.T.V., LLC, to Sharon
Webber, Regional Counsel, Northeast Region, Enforcement Bureau, at 1 (Aug.
15, 2013).

^ See, e.g., Allen's TV Cable Service, Inc., Notice of Apparent Liability
for Forfeiture, 27 FCC Rcd 1438, 1439, para. 4 (Enf. Bur. 2012) (proposing
forfeiture for failure to make public inspection file available until next
day when manager would be available); Christopher H. Bennett Broadcasting
of Washington, Inc., Forfeiture Order, 23 FCC Rcd 11285, 11288, para. 16
(Enf. Bur. 2008) (observing that failure to make station available for
inspection was "particularly troubl[ing]" and that a main studio "must be
made available to Commission agents during the station's business hours,
or at any time it is in operation."); see also FCC, Inspection Fact Sheet
(Mar. 2005), available at http://www.fcc.gov/guides/inspection-fact-sheet
(stating that FCC agents do not need to make an appointment to access a
main studio because "[t]he Commission has no means of determining whether
a station is being operated as licensed except through immediate
on-the-spot inspection"); Gaston Coll., Notice of Apparent Liability for
Forfeiture, 22 FCC Rcd 4556 (Enf. Bur. 2007) (proposing forfeiture for
failure to make public inspection records available upon request by
private citizen and advising individual to make appointment with
licensee's attorney).

^ This forfeiture amount reflects recent actions taken by the full
Commission regarding similarly egregious violations of FCC rules.
Towerstream Corp., Notice of Apparent Liability for Forfeiture, 28 FCC Rcd
11604, 11614, paras. 29-30 (2013) (proposing the statutory maximum of
$192,000, or $16,000 per unlawful operation and interference violation);
Richard Jackowitz It Connect, Inc., Forfeiture Order, 28 FCC Rcd 6692,
6695, para. 7 (2013) (imposing the statutory maximum of $240,000, or
$16,000 per violation, for willful and repeated violation of the
Commission's toll free numbering rules).

^ See 47 U.S.C. SS 312, 401, 501, 503. We note that continued failure to
comply with the rules applicable to Class A television broadcast stations,
particularly egregious violations such as the inspection refusals at issue
here, could result in Commission action to remove Station WPHA's Class A
status. See 47 U.S.C. S 336(f)(2)(A)(ii); 47 C.F.R. S 73.6001(c).

^ 47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 1.80, 73.1125(a), 73.1225(a),
73.1350(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).

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Federal Communications Commission FCC 14-56

References

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