Commission Document

Federal Communications Commission

DA 12-198

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Curran Communications, Inc.
) File N0.: EB-11-PA-0156
) NAL/Acct. No.: 201232400003
Licensee of AM Station WPAM
) Facility ID #: 14741
Pottsville, Pennsylvania
) FRN: 0003789781
)

NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

Adopted: February 14, 2012
Released: February 14, 2012
By the Acting District Director, Philadelphia Office, Northeast Region, Enforcement Bureau:

I.

INTRODUCTION

1.
In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Curran
Communications, Inc. (Curran), licensee of AM Station WPAM, in Pottsville, Pennsylvania (Station),
apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's rules (Rules)1 by
failing to maintain and make available the quarterly issues/programs lists in the local public inspection file.
We conclude that Curran is apparently liable for a forfeiture in the amount of ten thousand dollars
($10,000). We further direct Curran to submit a written statement signed under penalty of perjury stating
that the Station is now in compliance with Section 73.3526(e)(12) of the Rules.

II.

BACKGROUND

2.
On August 10, 2011, agents from the Enforcement Bureau’s Philadelphia Office conducted
an inspection with the Station’s chief operator at the Station’s main studio in Pottsville, Pennsylvania. The
agents reviewed the materials in the Station’s public inspection file and found that the station was missing
twenty quarterly issues/programs lists, i.e., all quarterly issues/programs lists since the Commission granted
the Station’s renewal application on July 28, 2006.2 The agent asked the Station’s chief operator if any of
the quarterly radio issues program lists were available. The chief operator responded that the Station does
not maintain such records.

III.

DISCUSSION

3.
Section 503(b) of the Communications Act of 1934, as amended (“Act”),3 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.4 The legislative history to Section 312(f)(1) of the Act clarifies that this definition


1 47 C.F.R. § 73.3526(e)(12).
2 See BR-20060317AAV, granted July 28, 2006.
3 47 U.S.C. § 503(b).
4 47 U.S.C. § 312(f)(1).

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Federal Communications Commission

DA 12-198

of willful applies to both Section 312 and 503(b) of the Act5 and the Commission has so interpreted the term
in the Section 503(b) context.6 The Commission may also assess a forfeiture for violations that are merely
repeated, and not willful.7 The term “repeated” means the commission or omission of such act more than
once or for more than one day.8

A.

Failure to Maintain Issues/Programs Lists

4.
Section 73.3526(a)(2) of the Rules requires broadcast stations to maintain for public
inspection a file containing materials listed in that section.9 Section 73.3526(c)(1) of the Rules specifies
that the file shall be available for public inspection at any time during regular business hours,10 and
Section 73.3526(e)(12) of the Rules specifically requires licensees to place in their public inspection file,
for each calendar quarter, a list of programs that have provided the station’s most significant treatment of
community issues during the preceding three-month period.11 This list is known as the issues/programs
list and must include a brief narrative describing what issues were given significant treatment and the
programming that provided this treatment. The description of the programs must include, but shall not be
limited to, the time, date, duration, and title of each program in which the issue was treated. Copies of the
issues/programs list must be retained in the public inspection file until final action has been taken on the
station’s next license renewal application. On August 10, 2011, agents reviewed the Station’s public
inspection file and found that it did not contain any quarterly issues/programs lists. Based on the evidence
before us, we find that Curran apparently willfully and repeatedly violated Section 73.3526(e)(12) of the
Rules by failing to maintain the issues/programs lists and make them available in the Station’s public
inspection file.

B.

Proposed Forfeiture and Reporting Requirements

5.
Pursuant to the Commission’s Forfeiture Policy Statement, and Section 1.80 of the Rules,
the base forfeiture amount for violation of the public file rule is $10,000.12 In assessing the monetary
forfeiture amount, we must also take into account 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


5 H.R. Rep. No. 97-765, 97th 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 …”).
6 See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6
FCC Rcd 4387, 4388 (1991).
7 See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362
¶ 10 (2001) (“Callais Cablevision, Inc.”) (proposing a forfeiture for, inter alia, a cable television operator’s repeated
signal leakage).
8 Section 312(f)(2) of the Act, 47 U.S.C. § 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.
9 47 C.F.R. § 73.3526(a)(2).
10 47 C.F.R. § 73.3526(c)(1).
11 47 C.F.R. § 73.3526(e)(12).
12 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. § 1.80
2

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Federal Communications Commission

DA 12-198

the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as
justice may require.13 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory
factors to the instant case, we conclude that Curran is apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000) for its failure to maintain any quarterly issues/programs lists during the current
license term.
6.
We direct Curran to submit a statement signed under penalty of perjury by an officer or
director of Curran stating: (1) the radio issues/program lists are being compiled, and (2) the radio
issues/program lists are being placed in the public inspection file by the tenth day of the succeeding calendar
quarter. This statement must be provided to the Philadelphia Office at the address listed in paragraph 11
within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and
Order.

IV.

ORDERING CLAUSES

7.
Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications
Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Curran
Communications, Inc. is hereby

NOTIFIED

of this

APPARENT LIABILITY FOR A FORFEITURE

in
the amount of ten thousand dollars ($10,000) for violation of Section 73.3526(e)(12) of the Rules.14
8.

IT IS FURTHER ORDERED

that, pursuant to Section 1.80 of the Commission's Rules
within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order, Curran
Communications, 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.

IT IS FURTHER ORDERED

that Curran Communications, Inc.

SHALL SUBMIT

a
sworn statement as described in paragraph 6 to the Enforcement Bureau Office listed in paragraph 11
within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture and Order.
10.
Payment of the forfeiture must be made by credit card, check or similar instrument,
payable to the order of the Federal Communications Commission. The payment must include the
Account Number and FRN Number referenced above. Payment by check or money order may be mailed
to Federal Communications Commission, 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, and account number 27000001. For payment by credit card,
an FCC Form 159 (Remittance Advice) must be submitted. When 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). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.15 If you have questions, please contact the Financial Operations Group Help
Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made, Curran
Communications, Inc. shall send electronic notification on the date said payment is made to NER-
Response@fcc.gov .
11.
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


13 47 U.S.C. § 503(b)(2)(E).
14 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 73.3526(e)(12).
15 See 47 C.F.R. § 1.1914.
3

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Federal Communications Commission

DA 12-198

to Sections 1.80(f)(3) and 1.16 of the Rules. 16 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/Acct. No.
referenced in the caption. Curran Communications, Inc. also shall email the written response to NER-
Response@fcc.gov.
12.
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 practices ("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.
13.

IT IS FURTHER ORDERED

that a copy of this Notice of Apparent Liability for
Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to
Curran Communications, Inc. at 101 N. Centre Street, Pottsville, Pennsylvania 17901.
FEDERAL COMMUNICATIONS COMMISSION
David Dombrowski
Acting District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau


16 47 C.F.R. §§ 1.16, 1.80(f)(3).
4

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