Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

KM LPTV of Chicago-28, L.L.C.

Download Options

Released: April 18, 2013

Federal Communications Commission

DA 13-778

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

KM LPTV of Chicago-28, L.L.C.
)
Facility I.D. No. 35101
Licensee of Station WOCH-CA,
)
NAL/Acct. 2013414
Chicago, Illinois
)
FRN: 0005014758

NOTICE OF APPARENT

LIABILITY FOR FORFEITURE

Adopted: April 17, 2013

Released: April 18, 2013

By the Chief, Video Division, Media Bureau:

I. INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture (“NAL”)1 we find that KM LPTV of
Chicago-28, L.L.C. (the “Licensee”), licensee of Class A television station WOCH-CA, Chicago, Illinois
(the “Station”), apparently willfully and/or repeatedly violated the Commission’s Rules by: (1) failing to
prepare and place timely in its public inspection files the Station’s quarterly TV issues/programs lists, in
violation of Section 73.3526(e)(11)(i)2 and (2) failing to file timely with the Commission the Station’s
Children’s Television Programming Reports, in violation of Section 73.3526(e)(11)(iii)3. 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 Thirteen Thousand Dollars ($13,000).

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.4 As set forth
in subsection 73.3526(e)(11)(i), each commercial television licensee must prepare and place in its public
inspection file a TV issues/programs list which details programs that have provided the station’s most
significant treatment of community issues during the preceding three month period. 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 March 13, 2012, the staff issued a letter requesting information regarding, among other


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)(i).
3 47 C.F.R. § 73.3526(e)(11)(iii).
4 47 C.F.R. § 73.3526.

Federal Communications Commission

DA 13-778

things, compliance with the requirements of Section 73.3526 of the Commission’s Rules.5 In response,
KM LPTV acknowledged that it had failed to place in its public inspection file issues/programs lists for
all four quarters of 2010 and 2011 until May 22, 2012.6 Video Division staff followed up by telephone
with KM LPTV regarding deficiencies with the filings of the Station’s Children’s Television
Programming Reports. A staff review demonstrated that the reports for the fourth quarter of 2009, all
four quarters of 2010, all four quarters of 2011, and the first quarter of 2012, were filed late. KM LPTV
confirmed these telephone conversations regarding the reports in January 14, 2013 and February 5, 2013
letters to the Commission.

III. DISCUSSION

4. The Licensee’s failure to place in its public inspection file the Station’s quarterly TV
issues/programs lists in a timely manner for eight quarters constitutes an apparent willful and/or repeated
violation of Section 73.3526(e)(11)(i). Moreover, the Licensee’s failure to file with the Commission in a
timely manner its Children’s Television Programming Reports for 10 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.7 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.8 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,9 and the Commission has so interpreted the term in the Section
503(b) context.10 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.”11
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 and a base forfeiture amount of
$10,000 for public file violations.12 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


5 See Letter from Barbara A. Kreisman, Chief, Video Division, to KM LPTV of Chicago-28, LLC, dated March 13,
2012.
6 See Letter from Aaron P. Shainis, Esq., Shainis & Peltzman, Chartered, counsel to KM LPTV of Chicago-28, LLC,
to Barbara A. Kreisman, Chief, Video Division, Media Bureau, dated June 13, 2012.
7 47 U.S.C. § 503(b)(1)(B); see also 47 C.F.R. § 1.80(a)(1).
8 47 U.S.C. § 312(f)(1).
9 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
10 See Southern California Broadcasting Co., 6 FCC Rcd at 4388.
11 47 U.S.C. § 312(f)(2).
12 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.
2

Federal Communications Commission

DA 13-778

justice may require.”13
7. In this case, the licensee admits that it failed to place in the public inspection file in a timely
manner the quarterly issues/programs lists for eight quarters, and we conclude that the Station is
apparently liable for a $10,000 forfeiture for this public file violation. The Licensee also failed to file its
Children’s Television Programming Reports in a timely manner for ten quarters, and we therefore
conclude that the Station is apparently liable for a $3,000 forfeiture for this apparent violation. Based on
the record before us, we therefore conclude that a total forfeiture in the amount of $13,000 for the Station
is appropriate for the Licensee’s apparent willful and/or repeated violations of Sections 73.3526(e)(11)(i)
and (iii).14

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 KM LPTV of Chicago-28, L.L.C. is
hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Thirteen
Thousand Dollars ($13,000) for its apparent willful and/or repeated violations of Section 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, KM LPTV of Chicago-28, L.L.C. SHALL PAY the
full 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: Barbara A. Kreisman, Chief,
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 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.
14 The Licensee also failed to place the required certification of the Station’s compliance with the requirements of 47
C.F.R. § 73.6001 in its public file in a timely manner. We will exercise our discretion pursuant to Section 503(b) of
the Act and admonish the Licensee for its apparent violation of Section 73.3526(c)(17) of the Commission’s Rules.
3

Federal Communications Commission

DA 13-778

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. 20554.15
14. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to KM LPTV of Chicago-28, L.L.C., 3654 West Jarvis
Avenue, Skokie, Illinois, 60076 and to its counsel, Aaron P. Shainis, Esq., Shainis & Peltzman,
Chartered, 1850 M Street, N.W., Suite 240, Washington, D.C. 20036-5840.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau


15 See 47 C.F.R. § 1.1914.
4

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.