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Capital Communications Company, Inc.

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Released: February 10, 2014

Federal Communications Commission

DA 14-166

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Capital Communications Company, Inc.
)
Facility I.D. No. 8661
Licensee of Station WOI-DT
)
NAL/Acct. No.: 201441420004
Ames, IA
)
FRN: 0003476983

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted: February 10, 2014

Released: February 10, 2014

By the Chief, Video Division, Media Bureau:

I.

INTRODUCTION:

1.
In this Notice of Apparent Liability for Forfeiture (“NAL”) issued pursuant to Section
503(b) of the Communications Act of 1934, as amended (the “Act”), and Section 1.80 of the
Commission’s Rules (the “Rules”),1 the Commission finds that Capital Communications Company, Inc.
(the “Licensee”), licensee of Station WOI-DT, Ames, Iowa (the “Station”), apparently willfully and
repeatedly violated: (i) Section 73.3526(e)(11)(iii) of the Rules2 by failing to file with the Commission in
a timely manner Children’s Television Programming Reports (FCC Form 398) for four quarters and (ii)
Section 73.3514(a) of the Rules3 by failing to report these violations its license renewal application (FCC
Form 303-S). Based upon our review of the facts and circumstances before us, we conclude that the
Licensee is liable for a monetary forfeiture in the amount of six thousand dollars ($6,000) for its apparent
willful and repeated violations of Sections 73.3526 (e)(11)(iii) and 73.3514(a) of the Rules.

II.

BACKGROUND:

2.
Section 73.3526 of the Rules requires each commercial broadcast licensee to maintain a
public inspection file containing specific types of information related to station operations.4 As set forth
in subsection 73.3526(e)(11)(iii), each commercial television licensee is required to prepare and place in
its public inspection file a Children’s Television Programming Report (FCC Form 398) for each calendar
quarter reflecting, inter alia, the efforts that it made during that quarter to serve the educational and
informational needs of children. That subsection also requires licensees to file the reports with the
Commission and to publicize the existence and location of the reports.5 In addition, Section 73.3514(a) of
the Rules provides that “[e]ach application shall include all information called for by the particular form
on which the application is required to be filed….”6
Section IV, Question 3 of license renewal


1 47 U.S.C. § 503(b); 47 C.F.R. § 1.80.
2 47 C.F.R. § 73.3526.
3 47 C.F.R. § 73.3514(a).
4 47 C.F.R. § 73.3526.
5 47 C.F.R. § 73.3526(e)(11)(iii).
6 47 C.F.R. § 73.3514(a).

Federal Communications Commission

DA 14-166

application requires a licensee to certify that required documentation “has been placed in the public file at
the appropriate times.”7
3.
On September 26, 2013, the Licensee filed with the Commission its license renewal
application for the Station.8 In Section IV, Question 3 of its renewal application, the Licensee certifies
that during the previous license term it complied with the filing requirements for Children’s Television
Programming Reports as required in Section 73.3526(e)(11)(iii) of the Rules.9 However, a review of the
Station’s online public file revealed that Children’s Television Programming Reports for four quarters
were not filed in a timely manner.10

III.

DISCUSSION

4.
The Licensee failed to file with the Commission in a timely manner its Children’s
Television Programming Reports for four quarters. These late filings constitute apparent willful and
repeated violations of Section 73.3526(e)(11)(iii) of the Rules. Moreover, the Licensee’s failure to report
these violations in its license renewal application constitutes an apparent violation of Section 73.3514(a)
of the Rules.11
5.
This NAL is issued pursuant to Section 503(b)(1)(B) of the Act. Under that provision,
any person who is determined by the Commission to have willfully or repeatedly failed to comply with
any provision of the Act or any rule, regulation, or order issued by the Commission shall be liable to the
United States for a forfeiture penalty.12 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.13 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,14 and the Commission has so interpreted the term in the Section
503(b) context.15 Section 312(f)(2) 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.”16
6.
The Commission’s Forfeiture Policy Statement and Section 1.80(b) of the Rules establish
a base forfeiture amount of $3,000 for failure to file a required form.17 In determining the appropriate


7 FCC Form 303-S, Section IV, Question 3.
8 File No. BRCDT-20130926AMP (“Renewal Application”).
9 “The Report for each quarter is to be placed in the public inspection file by the tenth day of the succeeding
calendar quarter. By this date, a copy of the Report for each quarter is also t be filed electrically with the FCC.” 47
C.F.R. § 73.3256(e)(11)(iii).
10 During the preceding license term, the Licensee failed to file in a timely manner Children’s Programming Reports
for the following quarters: First Quarter 2011 (nine months late); Fourth Quarter 2011 (over one year late); First
Quarter 2012 (over two months late) and Second Quarter 2012 (over six months late).
11 47 C.F.R. § 73.3514.
12 47 U.S.C. § 503(b)(1)(B); see also 47 C.F.R. § 1.80(a)(1).
13 47 U.S.C. § 312(f)(1).
14 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
15 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
16 47 U.S.C. § 312(f)(2).
17 See Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the Forfeiture
Guidelines
, Report and Order, 12 FCC Rcd 17087, 17113-15 (1997) (“Forfeiture Policy Statement”), recon. denied,
15 FCC Rcd. 303 (1999); 47 C.F.R. § 1.80(b), note to paragraph (b)(8), Section I.
2

Federal Communications Commission

DA 14-166

forfeiture amount, we may adjust the base amount upward or downward by considering the factors
enumerated in Section 503(b)(2)(D) of the Act, including “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 such other matters as justice may require.”18 Based on our review of the facts and
circumstances here, we find that the Licensee is liable for a forfeiture in the amount of $6,000 for its
apparent willful and repeated violations of Sections 73.3526 (e)(11)(iii) and 73.3514(a) of the Rules.

IV.

ORDERING CLAUSES

7.
Accordingly,

IT IS ORDERED

, pursuant to Section 503(b) of the Communications Act
of 1934, as amended, and Section 1.80 of the Commission’s Rules, that Capital Communications
Company, Inc., licensee of Station KOI-TV, Ames, Iowa, is hereby

NOTIFIED

of its

APPARENT
LIABILITY FOR FORFEITURE

in the amount of six thousand dollars ($6,000) for its apparent willful
and repeated violations of Section 73.3526(e)(11)(iii) and 73.3514(a) of the Commission’s Rules.
8.

IT IS FURTHER ORDERED

, pursuant to Section 1.80 of the Commission’s Rules, that
within thirty (30) days of the release date of this NAL, Capital Communications Company, Inc.,

SHALL

PAY the full amount of the proposed forfeiture or

SHALL FILE

a written statement seeking reduction or
cancellation of the proposed forfeiture.
9.
Payment of the proposed forfeiture must be made by check or similar instrument, payable
to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No.
and FRN No. referenced in the caption above. Payment by check or money order may be mailed to Federal
Communications Commission, at P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight
mail may be sent to U.S. Bank-Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number 021030004, receiving bank:
TREAS NYC, BNF: FCC/ACV--27000001 and account number as expressed on the remittance instrument.
If completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID),
and enter the letters “FORF” in block number 24A (payment type code).
10.
The response, if any, must be mailed to Office of the Secretary, Federal Communications
Commission, 445 12th Street, S.W., Washington, D.C. 20554, ATTN: Evan Morris, Attorney-Advisor,
Video Division, Media Bureau, Room 2-C827, and MUST INCLUDE the NAL/Acct. No. referenced
above.
11.
The Commission will not consider reducing or canceling a forfeiture in response to a
claim of inability to pay unless the respondent 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
respondent’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.19


18 47 U.S.C. § 503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100-01; 47 C.F.R. § 1.80(b)(8);
and note to paragraph (b)(8), Section II.
19 See San Jose State Univ., 26 F.C.C. Rcd. 5908 (2011) (noting that “[t]ypically, the Commission uses gross
revenue as the primary measuring stick by which it evaluates a licensee's ability to pay. Other financial indicators
may be considered….”).
3

Federal Communications Commission

DA 14-166

12.
Requests for full payment of the forfeiture proposed in this NAL under the installment
plan should be sent to: Associate Managing Director- Financial Operations, 445 12th Street, S.W., Room
1-A625, Washington, D.C. 20554.20
13.

IT IS FURTHER ORDERED

that copies of this NAL shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to Capital Communications Company, Inc., C/O Citadel
Communications Company, L.P., 3117 Pondfield Road, Bronxville, NY 10708 and to its counsel, David
D. Burns, 555 Eleventh Street, NW, Suite 1000, Washington, D.C. 20004-1204.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau


20 See 47 C.F.R. § 1.1914.
4

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