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Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Pacific Empire Radio Corporation
Licensee of:
Station KLBM, La Grande, Oregon
Station KBKR, Baker, Oregon
Station KUBQ, La Grande, Oregon
Station KKBC-FM, Baker, Oregon
Station KRJT, Elgin, Oregon
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File No.: EB-FIELDWR-12-00002389
NAL/Acct. No.: 201232920001
FRN: 0006196612
Facility ID Nos.: 35047
24794
24796
24795
164224
MEMORANDUM OPINION AND ORDER
Adopted: February 5, 2015 Released: February 6, 2015
By the Regional Director, Western Region, Enforcement Bureau:
We deny the Petition for Reconsideration filed by Pacific Empire Radio Corporation (Pacific Empire), licensee of Station KLBM, La Grande, Oregon; Station KBKR, Baker, Oregon; Station KUBQ, La Grande, Oregon; Station KKBC-FM, Baker, Oregon; and Station KRJT, Elgin, Oregon (collectively, the Stations), seeking reconsideration of the Forfeiture Order issued by the Enforcement Bureau (Bureau). In the Forfeiture Order, the Bureau imposed a forfeiture of $25,000 against Pacific Empire for willfully and repeatedly violating Section 73.3526 of the Commission's rules (Rules) by failing to retain multiple issues and programs lists in the local public inspection file for each of the Stations.
Upon review of the Petition for Reconsideration and the entire record, we find no basis for reconsideration. Petitions for Reconsideration are granted only in limited circumstances. Pursuant to Section 405 of the Communications Act of 1934, as amended (Act), and Section 1.106 of the Rules, reconsideration is appropriate only where the petitioner either demonstrates a material error or omission in the underlying order, or raises additional facts not known or not existing until after the petitioner's last opportunity to present such matters. A Petition for Reconsideration that reiterates arguments that were previously considered and rejected will be denied. Pacific Empire's Petition fails to present such information warranting reconsideration.
Pacific Empire does not dispute the violations, but only reiterates the same arguments it presented previously: that the Commission cannot assess fines against small broadcast licensees because the Commission allegedly never complied with the requirements of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA); that the public file rules are so outdated and irrelevant that assessing fines for violating them is excessive; and that the amount assessed is inconsistent with precedent. The Bureau addressed and properly decided each of these arguments in the Forfeiture Order. There is absolutely no merit to Pacific Empire's reiterated argument that the Commission lacks jurisdiction to impose forfeitures against small broadcast licensees. As explained in the Forfeiture Order, and recently affirmed by the Commission, the forfeiture assessment policies of the Commission as detailed in the Forfeiture Policy Statement comply with the SBREFA.
There is also no merit to Pacific Empire's argument that the Bureau did not give reasoned consideration to its argument that fines should not be assessed for public file violations because the public file rules serve no useful purpose. As noted in the Forfeiture Order, the Commission and its Bureaus have consistently assessed fines for violations of the public file rules, and, indeed, the Commission recently affirmed the importance of the public file rules when it required the online posting of television broadcast licensees' public files to ensure greater access by the public, and then proposed to extend that requirement to broadcast radio licensees, cable and satellite TV operators, and satellite radio licensees. The Forfeiture Order also details the reasons for the amount of the forfeiture and explains how the forfeiture: 1) complies with the Forfeiture Policy Statement as well as the Act and the Rules; 2) differs from cases cited by Pacific Empire; and 3) is consistent with recent precedent. Thus, Pacific Empire presented no new facts or arguments.
Upon review, we find that there was no material error made by the Bureau in the application of Section 503(b) of the Act and Commission precedent to the facts of this case. We also find that Pacific Empire raises no new facts. We therefore find that the Bureau properly decided the matters raised, and we uphold the Forfeiture Order and deny the Petition for Reconsideration filed by Pacific Empire.
Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, the Petition for Reconsideration filed by Pacific Empire Radio Corporation is hereby DENIED.
IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, Pacific Empire Radio Corporation IS LIABLE FOR A MONETARY FORFEITURE of $25,000 for willfully and repeatedly violating Section 73.3526 of the Rules.
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 Memorandum Opinion and 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.
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. Pacific Empire Radio Corporation shall send electronic notification of payment to WR-Response@fcc.gov on the date said payment is made. 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 that should be followed based on the form of payment selected:
* 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.
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. Questions regarding payment procedures should be directed to the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall be sent by first class mail and certified mail, return receipt requested, to Pacific Empire Radio Corporation, 403 Capital Street, Lewiston, Idaho 83501, and to David Tillotson, Esquire, 4606 Charleston Terrace, NW, Washington, D.C. 20007-1911.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director
Western Region
Enforcement Bureau