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Centex Television Limited Partnership

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Released: July 31, 2014
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Federal Communications Commission

DA 14-1089

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Centex Television Limited Partnership

)

Facility I.D. No. 9781

Licensee of Station KXXV

)

NAL/Acct. No.: 201441420028

Waco, Texas

)

FRN: 0001675719

NOTICE OF APPARENT

LIABILITY FOR FORFEITURE

Adopted: July 31, 2014

Released: July 31, 2014

By the Deputy 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 Centex Television Limited Partnership

(the “Licensee”), licensee of Station KXXV, Waco, Texas (the “Station”), apparently willfully and

repeatedly violated Section 73.35262 of the Rules by failing to publicize the existence and location of the

Station’s Children’s Television Programming Reports. Based upon our review of the facts and

circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in

the amount of one thousand dollars ($1,000).

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.3

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.

3.

On March 28, 2014, the Licensee filed its license renewal application (FCC Form 303-S)

for the Station.4

In response to Section IV, Question 10 of the Application, the Licensee stated that due to

an administrative error it failed to publicize the existence and location of Children’s Television

Programming Reports from the beginning of 2013 until the preparation of the renewal application.5

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. § 73.3526.

4 File No. BRCDT-20140328AGL.

5 Id., Exhibit 27.

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Federal Communications Commission

DA 14-1089

III.

DISCUSSION

4.

The Licensee apparently failed to publicize the existence and location of the Station’s

Children’s Television Programming Reports for approximately one year. This constitutes apparent willful

and/or repeated violations of Section 73.3526(e)(11)(iii).6 The Licensee may have since taken corrective

actions to prevent subsequent violations of the children's television rules and policies; however, the

Commission has found that the fact that a broadcast station may have implemented a plan to prevent

future violations of the Commission’s children’s television rules and policies does not relieve the licensee

of liability for prior violations.7

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.8

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.9

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,10 and the Commission has so interpreted the term in the Section

503(b) context.11

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.”12

6.

The

Commission’s

Forfeiture Policy Statement

and Section 1.80(b)(4) of the Rules

establish a base forfeiture amount of $10,000 for public file violations.13

In determining the appropriate

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.”14

In this case, the Licensee failed to

publicize the Station’s Children’s Television Programming Reports for approximately one year, and we

believe that a forfeiture in the amount of $1,000 is appropriate for this violation. Accordingly, we find

that the Licensee is liable for a forfeiture in the amount of $1,000 for its apparent willful and repeated

violations of Sections 73.3526.

IV.

ORDERING CLAUSES

7.

Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act

6 Barrington Peoria License LLC, Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 15478 (Vid. Div. 2013).

7 See, e.g., WSOC Television, 25 FCC Rcd at 6125; WCVB Hearst Television, Inc., 25 FCC Rcd at 6129-30; WFTV,

Inc. (WFTV(TV)), Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 6140 (2010).

8 47 U.S.C. § 503(b)(1)(B); see also 47 C.F.R. § 1.80(a)(1).

9 47 U.S.C. § 312(f)(1).

10 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).

11 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).

12 47 U.S.C. § 312(f)(2).

13 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)(4), note to paragraph (b)(4), Section I.

14 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)(4);

47 C.F.R. § 1.80(b)(4), note to paragraph (b)(4), Section II.

2

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Federal Communications Commission

DA 14-1089

of 1934, as amended, and Section 1.80 of the Commission’s Rules, that Centex Television Limited

Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of

one thousand dollars ($1,000) for its apparent willful and repeated violation of Sections 73.3526 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, Centex Television Limited Partnership 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: Peter Saharko, Attorney Adviser,

Video Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above. A copy

should also be sent by email to peter.saharko@fcc.gov

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.

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. 20554.15

12.

IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and

Certified Mail, Return Receipt Requested, to Centex Television Limited Partnership, P.O. Box 2522,

Waco, Texas, 76702-2522 and to its counsel, David Oxenford, Wilkinson Barker Knauer LLP, 2300 N

Street NW, Suite 700, Washington, D.C. 20037-1128.

FEDERAL COMMUNICATIONS COMMISSION

Hossein Hashemzadeh

Deputy Chief, Video Division

Media Bureau

15 See 47 C.F.R. § 1.1914.

3

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