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First Media Radio, LLC

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Released: October 23, 2013
Federal Communications Commission
Washington, D.C. 20554
October 23, 2013

DA 13-2043
Released: October 23, 2013

First Media Radio, LLC
306 Port Street
Easton, Maryland 21601
Re: Forfeiture Order on Reconsideration,
WNVN-LP, Roanoke Rapids, North Carolina,
Fac. ID. No. 43758
NAL/Acct. No. 201341420022
Dear Licensee:

Background.

On September 23, 2013, the Video Division released a Forfeiture Order, DA 13-
1942, in the above-captioned matter.1 At the time of the issuance of the Forfeiture Order, the staff
reviewing this matter had not received the Licensee's timely filed response to the Notice of Apparent
Liability in this matter. In accordance with Commission Rule 1.108,2 the Video Division hereby
reconsiders the Forfeiture Order in light of the Licensee's response. However, the Video Division
ultimately concludes, after careful review of the Licensee's response, that the Licensee is liable for a
forfeiture of Six Thousand Dollars ($6,000).
The factual findings and discussion included in the Forfeiture Order are incorporated by
reference herein.3 The Licensee filed a timely response on July 16, 2013.4

Discussion.

In its response, the Licensee admits that the violations identified in the Notice of
Apparent Liability occurred.5 These violations constitute repeated violations of the relevant Commission
rules.
The Licensee argues, however, that the forfeiture amount is excessive as compared to other cases
in which Licensees filed a greater number of late reports.6 In contrast to the two matters referred to in the
Licensee's response, the Licensee here violated two separate provisions of Section 73.3526, resulting in
two separate $3,000 forfeitures. The Licensee was assessed the standard forfeiture amount under our
Forfeiture Guidelines7 for each violation, and we find no basis to reduce the forfeiture amount.
Accordingly,

IT IS ORDERED ON RECONSIDERATION

that, pursuant to section 503(b) of
the Communications Act of 1934, as amended, and Sections 0.61(f)(1) and 1.80(a)(1)&(2) of the


1 First Media Radio, LLC, Forfeiture Order, DA 13-1942 (Sept. 23, 2013).
2 47 C.F.R. 1.108.
3 First Media Radio, LLC, Forfeiture Order.
4 Licensee Response to Notice of Apparent Liability ("Licensee Response") (Jul. 16, 2013) at 1.
5 Id.
6 Id. (citing Kevin O'Kane, Notice of Apparent Liability for Forfeiture, 28 FCC Rcd. 7480 (Vid. Div. 2013) and
Concilio Mision Cristina Fuente de Agua Viva, Inc., 28 FCC Rcd 8878 (Vid. Div. 2013).
7 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), recon. denied, 15 FCC Rcd 303 (1999); 47
C.F.R. 1.80(b)(4).

Commission's rules,8 First Media Radio, LLC SHALL FORFEIT to the United States the sum of six
thousand dollars ($6,000) for repeatedly violating Section 47 U.S.C. 336(f)(2)(A)(ii) and 47 C.F.R.
73.3526(e)(11)(ii)&(iii).
In the event that the Licensee wishes to revert WNVN-LP to low power television status, the
Licensee need only notify us of this election and request a change in status for the station(s).9 Should the
Licensee elect to revert the stations to low power status, the Licensee would no longer be apparently
liable for the forfeiture amount described herein.
Payment of the forfeiture shall be made in the manner provided for in Section 1.80 (h) of the
Commission's rules within thirty (30) calendar days after the release date of this Forfeiture Order. If the
forfeiture is not paid within the period specified, the case may be referred to the U.S. Department of
Justice for enforcement of the forfeiture pursuant to Section 504(a) of the Communications Act of 1934,
as amended. The Licensee shall send electronic notification of the payment to Peter Saharko at
peter.saharko@fcc.gov on the date payment is made.
The payment must be made by check or similar instrument, wire transfer, or credit card, and must
include the NAL/Account number and FRN referenced above. Regardless of the form of payment, a
completed FCC Form 159 (Remittance Advice) must be submitted. When completing FCC Form 159,
enter the Account Number in block number 23A (call sign/other ID) and enter the "FORF" in block
number 24A (payment type code). Payment by check or money order must be made payable to the order
of the Federal Communications Commission. Such payments (along with the completed Form 159) must
be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or
sent via overnight mail to U.S. Bank Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101.
Sincerely,
Barbara A. Kreisman
Chief, Video Division,
Media Bureau
cc:
M. Anne Swanson
Dow Lohnes PLLC
1200 New Hampshire Avenue NW
Suite 800
Washington, D.C. 20036


8 47 U.S.C. 503(b); 47 C.F.R. 0.61(f)(1) & 1.80(a)(1)&(2).
9 See 47 C.F.R. 73.6001(d).
2

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