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Nexstar Broadcasting, Inc

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Released: February 2, 2010

Federal Communications Commission

DA 10-202

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Facility ID No. 52408

Nexstar Broadcasting, Inc.

)
NAL/Acct. No. 0741420035
)
FRN: 0009961889
)
File No. BRCT-20050729APD
Licensee of Station WQRF-TV
)
Rockford, Illinois

FORFEITURE ORDER

Adopted: February 1, 2010

Released: February 2, 2010

By the Chief, Video Division, Media Bureau:

I.

INTRODUCTION

1.
In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of ten
thousand dollars ($10,000), to Nexstar Broadcasting, Inc. (“Nexstar”), licensee of Station WQRF-TV,
Rockford, Illinois (“Station”), for its willful and repeated violation of Section 73.3526(e)(11)(iii) of the
Commission’s Rules (“Rules”)1 by failing to publicize for the public the existence and location of the
Station’s Children’s Television Programming Reports.

II.

BACKGROUND

2.
On July 29, 2005, Nexstar filed the above-referenced application to renew the license of
the Station (the “Application”). In response to Section IV, Question 10 of the Application, Nexstar
certified that station WQRF-TV failed to publicize the existence and location of the Station’s Children’s
Television Programming Reports, as required by Section 73.3526(e)(11)(iii) of the Rules. In Exhibit 24
to the Application, Nexstar indicated that it had not been publicizing the existence and location of the
Children’s Television Programming Reports and that it intended to begin complying with this
requirement immediately.
3.
On May 16, 2007, the Bureau issued a Notice of Apparent Liability for Forfeiture
(“NAL”) in the amount of ten thousand dollars ($10,000) to Nexstar for its violations.2 On June 15, 2007,
in response to the NAL, Nexstar filed a Petition for Reconsideration or Reduction of Forfeiture
(“Petition”). In support of its Petition, Nexstar argued that the forfeiture amount is different from, and
greater than, the forfeiture amounts imposed on other licensees for similar violations.


1 47 C.F.R. § 73.3526(e)(11)(iii).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 0741420035, DA 07-1993 (MB, rel. May 16, 2007).
(“NAL”).

Federal Communications Commission

DA 10-202

III.

DISCUSSION

4.
The forfeiture amount proposed in this case was assessed in accordance with Section
503(b) of the Act,3 Section 1.80 of the Rules,4 and the Commission’s Forfeiture Policy Statement.5 In
assessing forfeitures, Section 503(b)(2)(E) of the Act requires that we take into account 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.6
5.
Nexstar does not dispute that it failed to publicize for the public the existence and
location of the Station’s Children’s Television Programming Reports, but argues that its forfeiture should
be reduced or rescinded. Nexstar argues that the imposition of forfeiture in this case is inconsistent with
Commission precedent. Nexstar cites to Ketchikan TV, LLC/KUBD(TV),7 WKBW-TV License,
Inc./WKBW-TV
,8 S&E Network, Inc./WJPX(TV),9 S&E Network, Inc./WKPV(TV),10 and Colins
Broadcasting Company/KSNB-TV
,11 as cases where the Commission found that violations of the same
Rule either did not justify imposition of a forfeiture or a lesser forfeiture was imposed. We find these
cases to be inapposite. As Nexstar acknowledges, these cases involve violations occurring over shorter
periods of time. In this case, Nexstar failed to publicize the existence and location of the Station’s
Children’s Television Programming Reports for its entire license term. Nexstar only began complying
with the requirements of the Rule after having discovered the violation upon filing its renewal application.
6.
Nexstar also cites to Paxson Des Moines License, Inc.,12 Paxson Kansas City License,
Inc.,13 and Paxson Communications License Company, LLC,14 and complains that in those cases the
Commission admonished the licensees for their respective violations, whereas Nexstar was fined for its
violation. We find these cases also inapposite. As we indicated in those cases, the licensees provided
program guide publishers information identifying its core programming throughout their license terms.
However, these licensees did not include the target age range for stations’ Children’s programming. In
this case, however, Nexstar failed to comply with the requirement to publicize to the public its reports for
the entire license term.
7.
The Commission has stressed the importance of broadcasters publicizing in an
appropriate manner the existence and location of their Children's Television Programming Reports as a
means to “further the goal to minimize the Commission's involvement in enforcing the [Children’s


3 47 U.S.C. § 503(b).
4 47 C.F.R. § 1.80.
5 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), recon. denied, 15 FCC Rcd 303 (1999).
(“Forfeiture Policy Statement”).
6 47 U.S.C. § 503(b)(2)(E).
7 22 FCC Rcd 9950 (MB 2007).
8 22 FCC Rcd 9212 (MB 2007).
9 20 FCC Rcd 20282 (MB 2005).
10 20 FCC Rcd 20287 (MB 2005).
11 22 FCC Rcd 9874 (MB 2007).
12 21 FCC Rcd 2207 (MB 2006).
13 21 FCC Rcd 2210 (MB 2006).
14 21 FCC Rcd 2213 (MB 2006).
2

Federal Communications Commission

DA 10-202

Television Act of 1990] by facilitating public monitoring of broadcasters' educational programming.”15
In this case, Nexstar failed to publicize its Reports for its entire license term. Moreover, although
Nexstar may have belatedly implemented policies and procedures to prevent subsequent violations, that
does not relieve it of liability for the violation which has occurred.16
8.
We have considered Nexstar’s Petition in light of the above statutory factors, our Rules,
and the Forfeiture Policy Statement. We conclude that Nexstar willfully and repeatedly violated Section
73.3526(e)(11)(iii) of the Rules.

IV.

ORDERING CLAUSES

9.
Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act
of 1934, as amended, and Sections 0.283 and 1.80 of the Commission’s Rules,17 that Nexstar
Broadcasting, Inc., SHALL FORFEIT to the United States the sum of $10,000 for willfully and
repeatedly violating Section 73.3526(e)(11)(iii) of the Commission’s Rules.
10.
Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
Commission's Rules within 30 days of the release of this Forfeiture Order. If the forfeiture is not paid
within the period specified, the case may be referred to the Department of Justice for collection pursuant
to Section 504(a) of the Act.18 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).19
11.
IT IS FURTHER ORDERED, that a copies of this Forfeiture Order shall be sent by
Certified Mail Return Receipt Requested and by First Class Mail, to Nexstar Broadcasting, Inc., 909 Lake
Carolyn Parkway, Suite 1450, Irving, Texas 75039, and to its counsel, Howard M. Liberman, Esq.,
Drinker, Biddle and Reath, LLP, 1500 K Street, N.W., Suite 1100, Washington, DC 2005.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau


15 See Policies and Rules Concerning Children's Television Programming, Report and Order, 11 FCC Rcd 10660,
¶67 (1996)(Children’s Television Report and Order).
16 See International Broadcasting Corp., 19 FCC 2d 793 (1969).
17 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.283, 1.80.
18 47 U.S.C. § 504(a).
19 See 47 C.F.R. § 1.1914.
3

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