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Gerald Parks

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Released: January 3, 2013

Federal Communications Commission

DA 13-2

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Gerald Parks
)
File No.: EB-10-DT-0371
)
NAL/Acct. No.: 201332360001
Licensee of AM Station WEKC
)
FRN: 0007921190
Williamsburg, Kentucky
)
Facility ID No.: 72790
)

NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

Adopted: January 2, 2013
Released: January 3, 2013
By the District Director, Detroit Office, Northeast Region, Enforcement Bureau:

I.

INTRODUCTION

1.
In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Gerald
Parks, licensee of AM Station WEKC, in Williamsburg, Kentucky (Station), apparently willfully and
repeatedly violated Sections 73.3526(c)(1) and 73.3526(e)(12) of the Commission’s rules (Rules),1 by
failing to maintain and make available the issues/programs lists in the Station’s public inspection file. We
conclude that Mr. Parks is apparently liable for a forfeiture in the amount of fifteen thousand dollars
($15,000). In addition, we direct Mr. Parks to submit, no later than thirty (30) calendar days from the date
of this NAL, a statement signed under penalty of perjury stating that the station is now in compliance with
Sections 73.3526(c)(1) and 73.3526(e)(12) of the Rules.

II.

BACKGROUND

2.
On March 14, 2012, agents from the Enforcement Bureau’s Detroit Office inspected the
Station’s main studio. The agent reviewed the materials in the Station’s public inspection file and found
that the file did not contain any quarterly issues/programs lists for the current license term, i.e., it was
missing 19 quarters of issues/programs lists.2

III.

DISCUSSION

3.
Section 503(b) of the Communications Act of 1934, as amended (Act), 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.3 Section 312(f)(1) of the
Act defines “willful” as the “conscious and deliberate commission or omission of [any] act, irrespective of


1 47 C.F.R. § 73.3526(c)(1), 73.3526(e)(12).
2 The current license term began when the license renewal application was granted on March 13, 2007. See File No.
BR-20040525AAV.
3 47 U.S.C. § 503(b).

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any intent to violate” the law.4 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,5 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 and Make Available a Public Inspection File

4.
The evidence in this case is sufficient to establish that Mr. Parks violated Section 73.3526
of the Rules.9 Section 73.3526(a)(2) of the Rules requires broadcast stations to maintain for public
inspection a file containing materials listed in that section.10 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,11 and
Section 73.3526(e)(12) of the Rules specifically requires licensees to place in their public inspection file
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 (known as the issues/programs list).12 The
issues/programs lists must include “a brief narrative describing what issues were given significant
treatment and the programming that provided this treatment,” including, but not limited to, the time, date,
duration, and title of each program in which the issue was treated.13 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. 14
5.
On March 14, 2012, an agent reviewed the Station’s public inspection file and found that
it did not have any quarterly issues/programs lists for the current license term. Accordingly, based on the


4 47 U.S.C. § 312(f)(1).
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, para.8 (1991), recons. denied, 7 FCC Rcd 3454 (1992).
7 See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362,
para. 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., 16 FCC Rcd at 1362.
9 47 C.F.R. § 73.3526.
10 47 C.F.R. § 73.3526(a)(2).
11 47 C.F.R. § 73.3526(c)(1).
12 47 C.F.R. § 73.3526(e)(12).
13 Id.
14 Id.
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evidence before us, we find that Mr. Parks apparently willfully and repeatedly violated Sections
73.3526(e)(12) and 73.3526(c)(1) 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 Amount and Reporting Requirement

6.
Pursuant to the Commission’s Forfeiture Policy Statement and Section 1.80 of the Rules,
the base forfeiture amount for violation of public inspection file rules is $10,000.15 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 the violator, the degree of culpability, any history of prior offenses, ability to pay, and other
such matters as justice may require.16 After consideration of these factors, we find that a $5,000 upward
adjustment in the base forfeiture amount is warranted. Mr. Parks previously received a Notice of Apparent
Liability for Forfeiture
for, inter alia, failure to maintain quarterly issues/programs lists.17 The fact that
Mr. Parks previously committed a similar violation demonstrates a deliberate disregard for the
Commission’s rules.18 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the
statutory factors to the instant case, we conclude that Mr. Parks is apparently liable for a total forfeiture in
the amount of $15,000.
7.
We further order Mr. Parks to submit a written statement, pursuant to Section 1.16 of the
Rules, signed under penalty of perjury, stating that the radio issues/program lists have been compiled, and
the issues/program lists have been and are continuing to be placed in the public inspection file by the tenth
day of the succeeding calendar quarter. This statement must be provided to the Detroit Office at the
address listed in paragraph 12 within thirty (30) calendar days of the release date of this Notice of
Apparent Liability for Forfeiture and Order.

IV.

ORDERING CLAUSES

8.
Accordingly,

IT IS ORDERED

that, pursuant to Section 503(b) of the Communications
Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission’s rules,
Gerald Parks is hereby

NOTIFIED

of this

APPARENT LIABILITY FOR A FORFEITURE

in the
amount of fifteen thousand dollars ($15,000) for violations of Sections 73.3526(c)(1) and 73.3526(e)(12)
of the Rules.19
9.

IT IS FURTHER ORDERED

that, pursuant to Section 1.80 of the Commission’s rules,
within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and
Order, Gerald Parks

SHALL PAY

the full amount of the proposed forfeiture or

SHALL FILE

a written
statement seeking reduction or cancellation of the proposed forfeiture.


15 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), recons. denied,
15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80.
16 47 U.S.C. § 503(b)(2)(E).
17 See Gerald Parks, Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532360003 (Detroit Office, rel.
August 26, 2005) (forfeiture paid).
18 See L. Stanley Wall, Notice of Apparent Liability for Forfeiture and Order, 26 FCC Rcd 8506 (Enf. Bur. 2011)
(upwardly adjusting the $10,000 base forfeiture amount by $5,000 because the licensee had previously been warned
about its failure to maintain issues/programs lists in the local public inspection file).
19 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.204, 0.311, 0.314, 1.80, 73.3526(c)(1), 73.3526(e)12.
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10.

IT IS FURTHER ORDERED

that Gerald Parks

SHALL SUBMIT

a written statement,
as described in paragraph 7, within thirty (30) calendar days of the release date of this Notice of Apparent
Liability for Forfeiture and Order. The statement must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, Detroit Office, 24897 Hathaway Street, Farmington
Hills, Michigan, 48335. Mr. Parks shall also e-mail the written statement to NER-Response@fcc.gov.
11.
Payment of the forfeiture must be made by check or similar instrument, wire transfer, or
credit card, and must include the NAL/Account number and FRN referenced above. Mr. Parks shall also
send electronic notification on the date said payment is made to NER-Response@fcc.gov. Regardless of
the form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted.20 When
completing the FCC Form 159, enter the Account Number in block number 23A (call sign/other ID) and
enter the letters “FORF” in block number 24A (payment type code). Below are additional instructions
you should follow based on the form of payment you select:
·
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.
·
Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank at
(314) 418-4232 on the same business day the wire transfer is initiated.
·
Payment by credit card must be made by providing the required credit card information on FCC
Form 159 and signing and dating the Form 159 to authorize the credit card payment. The
completed Form 159 must then 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.
12.
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
to Sections 1.16 and 1.80(f)(3) of the Rules.21 Mail the written statement to Federal Communications
Commission, Enforcement Bureau, Northeast Region, Detroit Office, 24897 Hathaway Street, Farmington
Hills, Michigan, 48335, and include the NAL/Acct. No. referenced in the caption. Gerald Parks also shall
email the written response to NER-Response@fcc.gov.
13.
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.


20 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
21 47 C.F.R. §§ 1.16, 1.80(f)(3).
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14.

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 first class mail to
Gerald Parks at 402 Main Street, Williamsburg, Kentucky 40769.
FEDERAL COMMUNICATIONS COMMISSION
James A. Bridgewater
District Director
Detroit Office
Northeast Region
Enforcement Bureau
5

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