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Notice Of Apparent Liability, River Delta Unified School District

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Released: April 23, 2014

Federal Communications Commission

DA 14-538

Before the

Federal Communications Commission

Washington, D.C. 20554

In re Application of
)
)

River Delta Unified School District
)
Facility ID No. 56557
)
NAL/Acct. No. MB-20141410021
For Renewal of License for
)
FRN: 0011563665
Station KRVH(FM)
)
File No. BRED-20130912ABT
Rio Vista, California
)

MEMORANDUM OPINION AND ORDER

AND

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted: April 22, 2014

Released: April 23, 2014

By the Chief, Audio Division, Media Bureau:

I. INTRODUCTION

1.
The Media Bureau (“Bureau”) has before it the application of River Delta Unified School
District (“Licensee”), for renewal of its license for Station KRVH(FM), Rio Vista, California (“Station”).
In this Notice of Apparent Liability for Forfeiture (“NAL”),1 we find that Licensee apparently willfully
violated Section 73.3539 of the Commission’s Rules2 by failing to timely file its license renewal
application for the Station. Based upon our review of the facts and circumstances before us, we conclude
that Licensee is apparently liable for a monetary forfeiture in the amount of one thousand, five hundred
dollars ($1,500).

II. BACKGROUND

2.
Section 73.3539(a) of the Rules requires that applications for renewal of license for
broadcast stations must be filed “not later than the first day of the fourth full calendar month prior to the
expiration date of the license sought to be renewed.”3 The Station’s license renewal application should
have been filed by August 1, 2013.4 No such application was filed until September 12, 2013. Licensee
did not provide any explanation for the untimeliness of its renewal application.

III. DISCUSSION

3.
Proposed Forfeiture. Licensee in this case failed to file a timely license renewal
application for the Station, as required by Section 73.3539(a) of the Rules. Licensee’s renewal
application was not received until September 12, 2013, over a month after the renewal filing deadline.


1 This NAL is issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended
(“Act”), and Section 1.80 of the Commission’s rules (“Rules”). See 47 U.S.C. §§ 309(k), 503(b); 47 C.F.R. § 1.80.
The Bureau has delegated authority to issue the NAL under Section 0.283 of the Rules. See 47 C.F.R. § 0.283.
2 See 47 C.F.R. § 73.3539.
3 47 C.F.R. § 73.3539(a).
4 As a courtesy, the Bureau staff contacted Licensee’s employees, Kevin MacGregor and Jen Gaston, during the
month of August 2013 to advise that a renewal application for the Station’s license was overdue. Despite these
efforts, Licensee did not file the renewal application until September 12, 2013.

Federal Communications Commission

DA 14-538

Moreover, Licensee did not provide an explanation or extenuating circumstances that would excuse the
late filing.
4.
This NAL is issued pursuant to Section 503(b)(1)(B) of the Act. Under that provision, a
person who is found to have willfully 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.5 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.6 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,7 and the Commission has so interpreted the term in the Section 503(b) context.8
5.
The Commission's Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules
establish a base forfeiture amount of $3,000 for the failure to file a required form.9 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.”10
6.
In this case, Licensee failed to file a timely renewal application for the Station and has
not provided any explanation for untimely filing. However, Licensee filed its renewal application prior to
the expiration of its current license. Taking into consideration these facts and all of the factors required
by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we will reduce the forfeiture
from the base amount to $1,500 for the failure to file a timely renewal application.11
7.
License Renewal Application. In evaluating an application for license renewal, the
Commission’s decision is governed by Section 309(k) of the Act.12 If, upon consideration of the
application and pleadings, we find that: (1) the station has served the public interest, convenience, and
necessity; (2) there have been no serious violations of the Act or the Rules; and (3) there have been no
other violations which, taken together, constitute a pattern of abuse, we are to grant the renewal
application.13 If, however, the licensee fails to meet that standard, the Commission may deny the


5 47 U.S.C. § 503(b)(1)(B). See also 47 C.F.R. 1.80(a)(1).
6 47 U.S.C. § 312(f)(1).
7 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
8 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991),
recon. denied, 7 FCC Rcd 3454 (1992).
9 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.
10 47 U.S.C. § 503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100; 47 C.F.R. § 1.80(b)(4).
Section 312(f)(2) of the Act further provides that “[t]he term ‘repeated,’ when used with reference to the
commission or omission of an 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.” 47 U.S.C. § 312(f)(2).
11 See, e.g., Bethany College, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 27
FCC Rcd 4369 (MB 2012) (similarly reducing forfeiture from the base amount to $1,500 for late filing); Little
Miami Local Schools
, Forfeiture Order, 25 FCC Rcd 3553 (MB 2010) (affirming forfeiture of $1,500 for failure to
file a renewal application on time); Barnesville Broadcasting, Inc., Forfeiture Order, 25 FCC Rcd 3561 (MB 2010)
(same); Faith Trinity Assemblies, Forfeiture Order, 25 FCC Rcd 2593 (MB 2010) (same).
12 47 U.S.C. § 309(k).
13 47 U.S.C. § 309(k)(1).
2

Federal Communications Commission

DA 14-538

application – after notice and opportunity for a hearing under Section 309(e) of the Act – or grant the
application “on terms and conditions that are appropriate, including a renewal for a term less than the
maximum otherwise provided.”14
8.
We find that Licensee’s apparent violation of Section 73.3539 of the Rules does not
constitute a “serious violation” warranting designation for evidentiary hearing. Moreover, we find no
evidence of violations that, when considered together, constitute a pattern of abuse.15 Further, based on
our review of the license renewal application, we find that the Station served the public interest,
convenience, and necessity during the subject license term. We will therefore grant the captioned license
renewal application by separate action upon the conclusion of this forfeiture proceeding if no other issues
would preclude grant of the application.

IV. ORDERING CLAUSES

9.
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 River Delta Unified School
District, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of one
thousand, five hundred dollars ($1,500) for its apparent willful violation of Section 73.3539 of the
Commission’s Rules.
10.
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, River Delta Unified School District, SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
11.
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).
Licensee will also send electronic notification on the date said payment is made to
Penelope.Dade@fcc.gov and Alexander.Sanjenis@fcc.gov.
12.
The response, if any, must be mailed to Office of the Secretary, Federal Communications
Commission, 445 12th Street, S.W., Washington DC 20554, ATTN: Peter H. Doyle, Chief, Audio
Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above.
13.
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


14 47 U.S.C. §§ 309(k)(2), 309(k)(3).
15 For example, we do not find here that Licensee’s Station operation “was conducted in an exceedingly careless,
inept and negligent manner and that the licensee is either incapable of correcting or unwilling to correct the
operating deficiencies.” See Heart of the Black Hills Stations, Decision, 32 FCC 2d 196, 198 (1971). Nor do we
find on the record here that “the number, nature and extent” of violations indicate that “the licensee cannot be relied
upon to operate [the station] in the future in accordance with the requirements of its licenses and the Commission’s
Rules.” Id. at 200.
3

Federal Communications Commission

DA 14-538

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.
14.
Requests for full payment of the forfeiture proposed in this NAL under the installment
plan should be sent to: Associate Managing Director-Financial Operations, Federal Communications
Commission, 445 12th Street, S.W., Room 1-A625, Washington, DC 20554.16
15.
IT IS FURTHER ORDERED that a copy of this NAL shall be sent, by First Class and
Certified Mail-Return Receipt Requested, to River Delta Unified School District, 445 Montezuma Street,
Rio Vista, CA 94571, and to its counsel, Addison Covert, Esq., Kronick Moskovitz Tiedmann & Girard,
400 Capital Mall, 27th Floor, Sacramento, CA 95814.
FEDERAL COMMUNICATIONS COMMISSION
Peter H. Doyle

Chief, Audio Division
Media Bureau


16 See 47 C.F.R. § 1.1914.
4

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