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First Media Radio, LLC

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Released: June 21, 2013

Federal Communications Commission

DA 13-1416

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

First Media Radio, LLC
)
Facility I.D. No. 43758
Licensee of Station WNVN-LP
)
NAL/Acct. No.: 201341420022
Roanoke Rapids, North Carolina
)
FRN: 0005557988

NOTICE OF APPARENT

LIABILITY FOR FORFEITURE

Adopted: June 20, 2013

Released: June 21, 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 First Media Radio, LLC (the "Licensee"), licensee of
Station WNVN-LP, Demopolis, Alabama (the "Station"), apparently willfully and/or repeatedly violated
(i) Section 73.3526(e)(11)(ii) by failing to place in the station's public inspection file all required records
concerning its compliance with children's programming commercial limits and (ii) Section
73.3526(e)(11)(iii) of the Rules by failing to file timely with the Commission the Station's 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 six thousand
dollars ($6,000).

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)(ii), each Class A television licensee must prepare and place in its public
inspection file records sufficient to permit substantiation of the station's certification, in its license
renewal application, of compliance with the commercial limits on children's programming established in
Section 73.670 of the Commission's Rules. As set forth in subsection 73.3526(e)(11)(iii), each Class A
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 August 2, 2012, the Licensee filed its license renewal application (FCC Form 303-S)
for Station WNVN-LP (the "Application").4 The Licensee filed an amended application on May 17, 2013


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 No. BRTTA-20120801AKF.

Federal Communications Commission

DA 13-1416

and a second amended application on June 14, 2013. In response to Section IV, Questions 3 and 6, the
Licensee submitted an exhibit admitting that it had failed to file timely with the Commission the Station's
Children's Television Programming Reports for the third and fourth quarters of 2009 and the first quarter
of 2010 .5 The Licensee further admitted that it had filed to file timely children's television commercial
limits certifications for the third and fourth quarters of 2009 and the first quarter of 2010.

III.

DISCUSSION

4. The Licensee's failure to file timely children's television commercial limits certifications for
three quarters constitutes an apparent willful and/or repeated violation of Section 73.3526(e)(11)(ii) of the
Commission's Rules. The Licensee's failure to file with the Commission in a timely manner its
Children's Television Programming Reports for three quarters constitutes an apparent willful and/or
repeated violation 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.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
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.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 violator, the degree of culpability, any history of prior offenses,
ability to pay, and such other matters as justice may require."12 In this case, the Licensee failed to file its
children's television commercial limits certifications in a timely manner for three quarters, making the
Licensee liable for a $3,000 forfeiture. The Licensee further failed to file its Children's Television
Programming Reports in a timely manner for three quarters, making the Licensee liable for an additional
$3,000 forfeiture. We therefore conclude that the Station is apparently liable for a total $6,000 forfeiture


5 Four of the reports were filed within five days after the quarterly deadline. We would be inclined to excuse these
late filings as de minimis absent the additional late filings, which include 3 reports that were filed more than 30 days
late.
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., 6 FCC Rcd at 4388.
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.
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.
2

Federal Communications Commission

DA 13-1416

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 First Media Radio, LLC is hereby
NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars
($6,000) 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 First Media Radio, LLC SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation
of the proposed forfeiture.
9. In the event that WNVN-LP wishes revert to low power television status, you need only
notify us of this election and request a change in status for the station.13 Should the station elect to revert
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.
13.
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. 20554.14


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

Federal Communications Commission

DA 13-1416

14.
IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to First Media Radio, LLC, 306 Port Street, Easton, Maryland,
21601, and to its counsel, M. Anne Swanson, Dow Lohnes PLLC, 1200 New Hampshire Avenue NW,
Suite 800, Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau
4

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