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Renewal Of License, WWLU(Fm), Lincoln University, PA

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Released: November 29, 2011

Federal Communications Commission

DA 11-1947

Before the

Federal Communications Commission

Washington, D.C. 20554

In re Application of
)
)

Lincoln University

)
Facility I.D. No. 37557
)
NAL/Acct. No. MB-2011414100023
For Renewal of License for
)
FRN: 0007244825
Station WWLU(FM)
)
File No. BRED-20060627AAO
Lincoln University, Pennsylvania
)

MEMORANDUM OPINION AND ORDER

AND

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted: November 29, 2011

Released: November 29, 2011

By the Chief, Audio Division, Media Bureau:

I. INTRODUCTION

1.
The Media Bureau (“Bureau”) has before it the captioned application of Lincoln University
(the “Licensee”) for renewal of its license for Class D FM Station WWLU(FM), Lincoln University,
Pennsylvania (the “Station”). In this Memorandum Opinion and Order and Notice of Apparent Liability
for Forfeiture (“NAL”)
issued pursuant to Sections 309(k) and 503(b) of the Communications Act of
1934, as amended (the “Act”), and Section 1.80 of the Commission’s Rules (the “Rules”),1 by authority
delegated to the Bureau under Section 0.283 of the Rules,2 we find that the Licensee apparently willfully
violated Section 73.3539 of the Rules, by failing to file a timely license renewal application for the
Station. 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 two hundred fifty dollars ($250), and we grant
the Station’s license renewal application.

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 An application for renewal of the Station’s license
should have been filed by April 1, 2006, four months prior to the Station’s August 1, 2006, license
expiration date,4 but was not. The Licensee did not file the renewal application until June 27, 2006. The
Licensee provides no explanation for the untimely filing of the renewal application.


1 47 U.S.C. §§ 309(k), 503(b); 47 C.F.R. § 1.80.
2 See 47 C.F.R. § 0.283.
3 47 C.F.R. § 73.3539(a).
4 See 47 C.F.R. §§ 73.1020, 73.3539(a).

Federal Communications Commission

DA 11-1947

III. DISCUSSION

3.
Proposed Forfeiture. In this case, the Licensee has failed to file a timely license renewal
application for the Station, as required by Section 73.3539(a) of the Rules. Moreover, as noted above, the
Licensee did not provide an explanation for the late filing. Licensees are obligated to comply fully with
the Rules and the Act, including filing a timely renewal application.5 Here, the Licensee did not do so.
4.
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 failed willfully or repeatedly 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
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.11 The guidelines also
specify a base forfeiture amount of $10,000 for construction and/or operation without an instrument of
authorization for the service.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 justice
may require.”13
6.
Taking into consideration the fact that the renewal application was filed prior to expiration
of the Station’s license, the Station’s status as a Class D secondary service facility, and all of the factors


5 See, e.g., Hemmingford Media, Inc., Forfeiture Order, 14 FCC Rcd 2940, 2941-2 (CIB 1999) (responsibility for
complying with terms of station license “rests solely and exclusively with the licensee”) (citing Empire Broadcasting
Corp
., Memorandum Opinion and Order, 25 FCC 2d 68 (1970)).
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., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4387 (1991),
recon. denied, 7 FCC Rcd 3454 (1992) (“Southern California”).
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 A broadcast station requires an authorization from the Commission to operate. See 47 U.S.C. § 301.
13 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).
2

Federal Communications Commission

DA 11-1947

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 $250 for the late filing.14
7.
License Renewal Application. In evaluating an application for license renewal, the
Commission’s decision is governed by Section 309(k) of the Act.15 That section provides that 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.16 If, however, the licensee fails to meet that standard, the Commission may deny the
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 permitted.”17
8.
We find that the Licensee’s 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.18 Further, we find that the Station
served the public interest, convenience, and necessity during the subject license term, and we will grant
the captioned license renewal application below.

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 Lincoln University is hereby
NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of two hundred fifty
dollars ($250) 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, Lincoln University SHALL PAY the full amount of
the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the
proposed forfeiture.


14 See, e.g., School District of Haverford Township, Memorandum Opinion and Order and Notice of Apparent
Liability, 23 FCC Rcd 2896, 2898 (MB 2008) ($250 forfeiture proposed each for late-filing and unauthorized
operation when renewal application filed after the station’s license had expired); Danbury Community Radio, Inc.,
Memorandum Opinion and Order and Notice of Apparent Liability, 23 FCC Rcd 1946, 1948 (MB 2008) (same).
15 47 U.S.C. § 309(k).
16 47 U.S.C. § 309(k)(1). The renewal standard was amended to read as described by Section 204(a) of the
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Sections 204(a)
and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures)
, Order, 11 FCC Rcd
6363 (1996).
17 47 U.S.C. §§ 309(k)(2), 309(k)(3).
18 For example, we do not find here that the 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 the 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., 32 FCC 2d at 200. See also Center for Study and Application of Black Economic Development, Hearing
Designation Order, 6 FCC Rcd 4622 (1991), Calvary Educational Broadcasting Network, Inc., Hearing Designation
Order, 7 FCC Rcd 4037 (1992).
3

Federal Communications Commission

DA 11-1947

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).
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 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, 445 12th Street, S.W., Room 1-
A625, Washington, DC 20554.19
15.
IT IS FURTHER ORDERED that, pursuant to Section 309(k) of the Communications Act
of 1934, as amended, the license renewal application of Lincoln University for Station WWLU(FM),
Lincoln University, Pennsylvania (File No. BRED-20060627AAO) IS GRANTED.
16.
IT IS FURTHER ORDERED that a copy of this NAL shall be sent, by First Class and
Certified Mail-Return Receipt Requested, to Mr. Mychell S. Moore, Lincoln University, 1570 Baltimore
Pike, Lincoln University, PA19352.
FEDERAL COMMUNICATIONS COMMISSION
Peter H. Doyle
Chief, Audio Division
Media Bureau


19 See 47 C.F.R. § 1.1914.
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