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Paging Associates, Inc.

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Released: May 2, 2013

Federal Communications Commission

DA 13-976

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Paging Associates, Inc.
)
Facility I.D. No. 51284
Licensee of Station W28AJ,
)
NAL/Acct. 201341420010
Allingtown, Connecticut
)
FRN: 0003581584

NOTICE OF APPARENT

LIABILITY FOR FORFEITURE

Adopted: April 30, 2013

Released: May 2, 2013

By the Chief, Video Division, Media Bureau:

I. INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture (“NAL”)1 we find that Paging Associates,
Inc. (the “Licensee”), licensee of Class A television station W28AJ, Allingtown, Connecticut (the
“Station”), apparently willfully and/or repeatedly violated the Commission’s Rules by: failing to file with
the Commission, and prepare and place in its public inspection files, 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 Twenty Thousand Dollars ($20,000).

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 April 10, 2012, the staff issued a letter requesting information regarding, among other
things, compliance with the requirements of Section 73.3526 of the Commission’s Rules.4 Specifically,
the letter informed the Licensee that it had not completed the electronic filings of its Form 398 reports for
the second, third, and fourth quarters in 2010 and all four quarters in 2011.5 The Licensee failed to


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 See Letter from Hossein Hashemzadeh, Deputy Chief, Video Division, to Paging Associates, Inc., dated April 10,
2012.
5 Id.

Federal Communications Commission

DA 13-976

address this deficiency or respond to this letter and also did not respond to a follow-up letter sent
September 18, 2012.6
4.
On November 6, 2012, the Video Division issued an “Order to Show Cause” to Paging
Associates, Inc. (“Paging Associates”), licensee of Class A television station W28AJ, Allingtown,
Connecticut, after Paging Associates failed to respond to the two letters.7 On December 6, 2012, the
Licensee filed a “Response and Opposition to Order to Show Cause” (“Response”). In its Response, the
Licensee admitted that it failed to respond to the Commission’s letters and further admitted “various
lapses in [the Licensee’s] attention to regulatory requirements.”8

III. DISCUSSION

5. The Licensee’s failure to (i) prepare, place in its public inspection file, and electronically file
with the Commission its Children’s Television Programming Reports for the past 11 quarters and (ii)
prepare, place in its public inspection file, and electronically file the reports in a timely manner for the
previous 34 quarters constitutes an apparent willful and/or repeated violation of Section
73.3526(e)(11)(iii).
6. 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.9 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.10 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,11 and the Commission has so interpreted the term in the Section
503(b) context.12 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.”13
7. 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.14 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


6 See Letter from Hossein Hashemzadeh, Deputy Chief, Video Division, Paging Associates, Inc., dated September
18, 2012.
7 Reclassification of License of Class A Television Station W28AJ, Order to Show Cause, 27 FCC Rcd 13548 (Vid.
Div. 2012). The Licensee’s 2006 renewal application for the Station, File No. BRTTA - 20061129ARC, remains
pending due to deficiencies with Children’s Television Programming Reports.
8 Response and Opposition to Order to Show Cause at 3.
9 47 U.S.C. § 503(b)(1)(B); see also 47 C.F.R. § 1.80(a)(1).
10 47 U.S.C. § 312(f)(1).
11 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
12 See Southern California Broadcasting Co., 6 FCC Rcd at 4388.
13 47 U.S.C. § 312(f)(2).
14 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 13-976

justice may require.”15
8. In this case, the Licensee failed to prepare and place in its public file the Children’s
Television Programming Reports for the past 11 quarters and the reports for the previous 34 quarters were
prepared and placed in the public file late, in many cases years late, and we conclude that the Station is
apparently liable for a $14,000 forfeiture for these public file violations that stretched through two license
cycles. The Licensee also failed to file with the Commission the Children’s Television Programming
Reports for the past 11 quarters and the reports for the previous 34 quarters were filed late, again in many
cases years late, and we conclude that the Station is apparently liable for a $6,000 forfeiture for its failure
to file the required forms through two license cycles. Based on the record before us, we therefore
conclude that a total forfeiture in the amount of $20,000 for the Station is appropriate for the Licensee’s
apparent willful and/or repeated violations of Section 73.3526(e)(11)(iii).16

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 Paging Associates, Inc. is hereby
NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Twenty Thousand
Dollars ($20,000) for its apparent willful and/or repeated violations of Section 73.3526 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, Paging Associates, Inc. SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation
of the proposed forfeiture.
11. In the event that W28AJ wishes revert to low power television status, you need only notify us
of this election and request a change in status for the station.17 Should the station elect to revert to low
power status, the Licensee would no longer be apparently liable for the forfeiture amount described
herein.
12. 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.
13. 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,


15 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.
16 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.
17 See 47 C.F.R. § 73.6001(d).
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Federal Communications Commission

DA 13-976

Video Division, Media Bureau, and MUST INCLUDE the NAL/Acct. Nos. referenced above.
14. 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.
15. 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. 20554.18
16. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to Paging Associates, Inc., 24 Rockdale Road, West Haven,
Connecticut, 06516 and to its counsel, Timothy E. Welch, Esq., Hill & Welch, 1025 Connecticut Avenue
N.W. #1000, Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau


18 See 47 C.F.R. § 1.1914.
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