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Evansville Low Power Partnership

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Released: September 17, 2013

Federal Communications Commission

DA 13-1905

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Evansville Low Power Partnership
)
Facility I.D. Nos. 17742, 189735
Licensee of Stations WYYW-CD, Evansville,
)
NAL/Acct. No.: 201341420047
Indiana; WTSN-CD, Evansville, Indiana
)
FRN: 000394384

NOTICE OF APPARENT

LIABILITY FOR FORFEITURE

Adopted: September 16, 2013

Released: September 17, 2013

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 we find that Evansville Low Power Partnership (the "Licensee"),
licensee of Stations WYYW-CD, Evansville, Indiana, and WTSN-CD, Evansville, Indiana, apparently
willfully and/or repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file timely with
the Commission the Stations' Children's Television Programming Reports.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 eighteen thousand dollars ($18,000).

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 April 1, 2013, the Licensee filed its license renewal applications (FCC Form 303-S)
for Stations WYYW-CD and WTSN-CD.4 A review of Commission records shows that eight reports for
WTSN-CD were filed late, including five that were filed over a year late, and nine reports for WYYW-
CD were filed late, also including five that were filed over a year late.


1 47 U.S.C. 503(b); 47 C.F.R. 1.80.
2 See 47 C.F.R. 73.3526(e)(11)(iii).
3 47 C.F.R. 73.3526.
4 File Nos. BRDTA-20130401AUY and BRDTA-20130401AUZ. The Licensee filed exhibits regarding issues with
the filing of the Children's Television Programming Reports for both stations.

Federal Communications Commission

DA 13-1905

III.

DISCUSSION

4. The Licensee's failure to file with the Commission in a timely manner its Children's
Television Programming Reports for the Stations constitute apparent willful and/or repeated violations of
Section 73.3526(e)(11)(iii).
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 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.5 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.6 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,7 and the Commission has so interpreted the term in the Section
503(b) context.8 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."9
6. 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.10 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."11 In this case, , we conclude that WYYW-
CD is apparently liable for a $9,000 forfeiture and WTSN-CD is apparently liable for a $9,000 forfeiture,
making a total a $18,000 forfeiture for the Licensee for these apparent violations.

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 Evansville Low Power
Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of
eighteen thousand dollars ($18,000) for its apparent willful and repeated violation of Section
73.3526(e)(11)(iii) 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, that Evansville Low Power Partnership SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.


5 47 U.S.C. 503(b)(1)(B); see also 47 C.F.R. 1.80(a)(1).
6 47 U.S.C. 312(f)(1).
7 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
8 See Southern California Broadcasting Co., 6 FCC Rcd at 4388.
9 47 U.S.C. 312(f)(2).
10 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.
11 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.
2

Federal Communications Commission

DA 13-1905

9.
In the event that the Licensee wishes to revert WYYW-CD and/or WTSN-CD to low
power television status, the Licensee need only notify us of this election and request a change in status for
the Station(s).12 Should the Licensee elect to revert the Station(s) to low power status, the Licensee would
no longer be apparently liable for the forfeiture amount described herein.
10.
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).
11.
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. No. referenced above.
12.
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. 20554.13
13.
IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to Evansville Low Power Partnership, 300 S.E. Riverside
Drive, Suite 100, Evansville, Indiana, 47713-1036, and to its counsel, Peter Tannenwald, Esq., Fletcher,
Heald & Hildreth, 1300 North 17th Street, 11th Floor, Arlington, Virginia 22209-3801.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau


12 See 47 C.F.R. 73.6001(d).
13 See 47 C.F.R. 1.1914.
3

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