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Glendive Broadcasting Corp.

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Released: May 14, 2014

Federal Communications Commission

DA 14-645

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Glendive Broadcasting Corp.
)
Facility I.D. No. 24287
Licensee of Station KXGN-TV
)
NAL/Acct. 201441420017
Glendive, Montana
)
FRN: 0003749892
)

NOTICE OF APPARENT

LIABILITY FOR FORFEITURE

Adopted: May 14, 2014

Released: May 14, 2014

By the Chief, Video Division, Media Bureau:

I. INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture (“NAL”)1, we find Glendive Broadcasting
Corp. (the “Licensee”), licensee of full power television station KXGN-TV (the “Station”), apparently
willfully and/or repeatedly violated the Commission’s Rules by: failing to file timely with the
Commission 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 Fifteen Thousand Dollars
($15,000).

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 December 2, 2013, the Licensee filed its license renewal application (FCC Form 303-
S) for the Station (the “Application”).4 The Licensee reported that it failed to file its Children’s
Television Programming Reports in a timely manner for 8 quarters for the Station since the last renewal
application was filed.5 A review of Commission records showed that an additional 14 reports were filed
late since the Station’s last renewal, which occurred in 1998.


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 File No. BRCDT-20131202CJE.
5 Id., Exhibit 20.

Federal Communications Commission

DA 14-645

III. DISCUSSION

4.
The Licensee’s failure to file with the Commission in a timely manner its Children’s
Television Programming Reports for multiple 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 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 or information.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
7.
In this case, the Licensee failed to file its Children’s Television Programming Reports in
a timely manner for KXGN-TV for multiple quarters, and we therefore conclude that the Licensee is
apparently liable for a $15,000 forfeiture for its apparent willful and/or repeated violations of Section
73.3526(e)(11)(i).

IV. ORDERING CLAUSES

8.
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 Glendive Broadcasting Corp. is
hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Fifteen
Thousand Dollars ($15,000) for its apparent willful and/or repeated violations of Sections 73.3526 of the
Commission’s Rules.
9.
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, Glendive Broadcasting Corp. SHALL PAY the full


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 14-645

amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation
of the proposed forfeiture.
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. 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.
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: Peter Saharko, Attorney Advisor,
Video Division, Media Bureau, and MUST INCLUDE the NAL/Acct. Nos. 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. 20554.13
14.
IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to Glendive Broadcasting Corp., 210 S. Douglas, Glendive,
Montana, 59330, and to its counsel, David Oxenford, Wilkinson Barker Knauer LLP, 2300 N Street NW,
Suite 700, Washington, D.C. 20037-1128.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau


13 See 47 C.F.R. § 1.1914.
3

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