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Elliott B. Block

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Released: May 21, 2013

Federal Communications Commission

DA 13-1163

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of:
)
)

Elliott B. Block
)
Facility I.D. No. 19431
Licensee of Station WOTH-CA
)
NAL/Acct. 201341420012
Cincinnati, Ohio
)
FRN: 0003754710

NOTICE OF APPARENT

LIABILITY FOR FORFEITURE

Adopted: May 20, 2013

Released: May 21, 2013

By the Chief, Video Division, Media Bureau:

I. INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture (“NAL”)1 we find that Elliott B. Block (the
“Licensee”), licensee of Class A television station WOTH-CA, Cincinnati, Ohio (the “Station”),
apparently willfully and/or repeatedly violated the Commission’s Rules by: failing to file with the
Commission, and place in its public inspection files, the Station’s Children’s Television Programming
Reports, in violation of Section 73.3526(e)(11)(iii).2
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 Thirteen Thousand Dollars ($13,000).

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 31, 2011, the staff issued a letter to the Licensee (“Letter”), stating that
Commission records indicated that it failed to make the required Form 398 electronic filings for the
Station for the second, third, and fourth quarters in 2010. The Letter required the Licensee to provide
information, supported by the declaration of a person with personal knowledge,4 identifying the quarters
for which a Children’s Television Programming Report was prepared and placed in the Stations’ public
inspection files and the location of the files. The Letter further required that this information be filed
within 30 days, and stated that failure to provide the requested information would result in the institution


1 This NAL is 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”). See 47 U.S.C. § 503(b); 47 C.F.R. § 1.80. The Chief, Video
Division, Media Bureau, has delegated authority to issue the NAL under Section 0.283 of the Rules. See 47 C.F.R. §
0.283.
2 47 C.F.R. § 73.3526(e)(11)(iii).
3 47 C.F.R. § 73.3526.
4 47 C.F.R. § 1.16.

Federal Communications Commission

DA 13-1163

of a forfeiture proceeding and/or loss of Class A television status.
4. Further investigation revealed that the Station filed its Children’s Television Programming
Reports for all four quarters of 2006 on February 27, 2007; for the first quarter of 2007 on June 8, 2007;
for the second through fourth quarters of 2007 and the first quarter of 2008 on April 11, 2008; for the
second through fourth quarters of 2008 on May 1, 2009; for the first and second quarters of 2009 on May
1, 2009; for the third and fourth quarters of 2009 and all four quarters of 2010 on April 7, 2011; for all
four quarters of 2011 on February 29, 2012, for the first quarter of 2012 on May 2, 2012; for the second
and third quarters of 2012 on October 23, 2012; and for the fourth quarter of 2012 on February 4, 2013.
Thus, all of the reports since 2006 have been electronically filed with the Commission in an untimely
manner.5
5. The Station later confirmed in a March 26, 2013 letter to the Commission that the Reports
were prepared and placed in the public file at the same time that they were electronically filed with the
Commission. Therefore, the reports were also prepared and placed in the public file in an untimely
manner.

III. DISCUSSION

6. The Licensee’s failure to prepare, place in its public inspection file, and electronically file
with the Commission in a timely manner its Children’s Television Programming Reports for 27 quarters
constitutes an apparent willful and/or repeated violation of Section 73.3526(e)(11)(iii).
7. 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 and/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.6 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.7 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,8 and the Commission has so interpreted the term in the Section
503(b) context.9 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.”10
8. The Commission’s Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules establish
a base forfeiture amount of $3,000 for failure to file a required form and a base forfeiture amount of
$10,000 for public file violations.11 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


5 The report for the first quarter of 2008 was only one day late, a deficiency we would likely excuse absent the long
record of late filings.
6 47 U.S.C. § 503(b)(1)(B); see also 47 C.F.R. § 1.80(a)(1).
7 47 U.S.C. § 312(f)(1).
8 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
9 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
10 47 U.S.C. § 312(f)(2).
11 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.
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violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as
justice may require.”12
9. In this case, the Licensee has admitted that it failed to prepare, file with the Commission, and
place in the public inspection file Children’s Television Programming Reports in a timely manner for 27
quarters, and we conclude that the Station is apparently liable for a $10,000 forfeiture for this public file
violation and a $3,000 forfeiture for its failure to file the required forms. Based on the record before us,
we therefore conclude that a total forfeiture in the amount of $13,000 for the Station is appropriate for the
Licensee’s apparent willful and/or repeated violations of Section 73.3526(e)(11)(iii).13

IV. ORDERING CLAUSES

10. 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 Elliott B. Block is hereby
NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Thirteen Thousand
Dollars ($13,000) for its apparent willful and/or repeated violations of Section 73.3526 of the
Commission’s Rules.
11. 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, Elliott B. Block SHALL PAY the full amount of
the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the
proposed forfeiture.
12. In the event that WOTH-CA wishes revert to low power television status, you need only
notify us of this election and request a change in status for the station.14 Should the station elect to revert
to low power status, the Licensee would no longer be apparently liable for the forfeiture amount described
herein.
13. 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. Nos.
and FRN Nos. 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 numbers in
block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type
code). Licensee will also send electronic notification on the date said payment is made to
Peter.Saharko@fcc.gov.
14. 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: Barbara A. Kreisman, Chief,
Video Division, Media Bureau, and MUST INCLUDE the NAL/Acct. Nos. referenced above.
15. The Commission will not consider reducing or canceling a forfeiture in response to a claim of


12 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)
and note to paragraph (b)(4), Section II.
13 The Licensee also failed to place the required certification of the Station’s compliance with the requirements of 47
C.F.R. § 73.6001 in its public file in a timely manner. We will exercise our discretion pursuant to Section 503(b) of
the Act and admonish the Licensee for its apparent violation of Section 73.3526(c)(17) of the Commission’s Rules.
14 See 47 C.F.R. § 73.6001(d).
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Federal Communications Commission

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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.
16. 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
17. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to Elliott B. Block, 7737 Reinhold Drive, Cincinnati, Ohio,
45327-2805.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau


15 See 47 C.F.R. § 1.1914.
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