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San-Lee Community Broadcasting, Inc.

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Released: July 12, 2013

Federal Communications Commission

DA 13-1553

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

San-Lee Community Broadcasting, Inc.
)
Facility I.D. No. 64400
Licensee of Station WBFT-CA
)
NAL/Acct. No.: 201341420028
Sanford, North Carolina
)
FRN: 0007871007

NOTICE OF APPARENT

LIABILITY FOR FORFEITURE

Adopted: July 11, 2013

Released: July 12, 2013

By the Deputy Chief, Video Division, Media Bureau:

I.

INTRODUCTION:

1.
In this Notice of Apparent Liability for Forfeiture ("NAL") 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"),1 we find that San-Lee Community Broadcasting, Inc. (the
"Licensee"), licensee of Station WBFT-CA (the "Station"), apparently willfully and/or repeatedly
violated (i) Section 73.3526(e)(11)(iii) of the Rules by failing to file timely with the Commission the
Station's Children's Television Programming Reports2 and (ii) Section 73.3514(a) of the Rules by failing
to report the violations in its renewal application.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
nine thousand dollars ($9,000).

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)(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.
Section 73.3514(a) of the Rules provides that "[e]ach application shall include all
information called for by the particular form on which the application is required to be filed. . . ." Section
II, Question 4 of the Form 303-S license renewal application requires licensees to report any "violations
of the Communications Act of 1934, as amended, or the rules or regulations of the Commission during
the preceding license term" and to "submit an explanatory exhibit providing complete descriptions of all
violations."


1 47 U.S.C. 503(b); 47 C.F.R. 1.80.
2 See 47 C.F.R. 73.3526(e)(11)(iii).
3 47 C.F.R. 73.3514(a).
4 47 C.F.R. 73.3526.

Federal Communications Commission

DA 13-1553

4.
On March 31, 2011, the Deputy Chief, Video Division, Media Bureau, issued a letter to
the Licensee ("Letter"), stating that Commission records indicated that San-Lee Community
Broadcasting, Inc. failed to make the required Form 398 electronic filings for WBFT-CA for all four
quarters in 2006, 2007, 2008, 2009, and 2010. The Letter required the Licensee to provide information,
supported by the declaration of a person with personal knowledge,5 identifying the quarters in 2006, 2007,
2008, 2009 and 2010 for which a Children's Television Programming Report was prepared and placed in
the Stations' public inspection files, and the location of the files. The Letter further required that this
information be filed within 30 days, and stated that failure to provide the requested information, or to
notify the staff that the Licensee was electing to let the Stations revert to low power television status,
would result in the institution of a forfeiture proceeding and/or loss of Class A television status.
5.
On April 27, 2011, the Licensee responded to the letter and admitted that it failed to file
the forms electronically with the Commission but stated that the reports were prepared and placed in the
public inspection file in a timely manner.
6.
On July 31, 2012, the Licensee filed its license renewal application (FCC Form 303-S)
for Station WBFT-CA (the "Application").6 The Licensee did not report its admitted violations of
Section 73.3526 in its application. Nor did the Licensee report that additional Children's Television
Programming Reports not raised as part of the Commission inquiry were filed late during the license
period.

III.

DISCUSSION

7. The Licensee's failure to file with the Commission in a timely manner its Children's
Television Programming Reports constitutes an apparent willful and/or repeated violation of Section
73.3526(e)(11)(iii). Moreover, the Licensee's failure to report these violations in its renewal application
constitutes a violation of Section 73.3514 of the Commission's Rules.7
8. 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.8 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.9 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,10 and the Commission has so interpreted the term in the Section
503(b) context.11 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."12
9. The Commission's Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules establish


5 See 47 C.F.R. 1.16.
6 File No. BRTTA-20120731ASQ
7 47 C.F.R. 73.3514.
8 47 U.S.C. 503(b)(1)(B); see also 47 C.F.R. 1.80(a)(1).
9 47 U.S.C. 312(f)(1).
10 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
11 See Southern California Broadcasting Co., 6 FCC Rcd at 4388.
12 47 U.S.C. 312(f)(2).
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Federal Communications Commission

DA 13-1553

a base forfeiture amount of $3,000 for failure to file a required form or information.13 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."14 In this case, the Licensee
repeatedly failed to file its Children's Television Programming Reports in a timely manner during the
license period, and we therefore conclude that the Station is apparently liable for a $6,000 forfeiture. We
further find that the Licensee omitted material information from its renewal application and is therefore
liable for an additional $3,000 forfeiture. We thus conclude that the Licensee is liable for a total
forfeiture of $9,000 for these apparent violations.

IV.

ORDERING CLAUSES

10.
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 San-Lee Community
Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the
amount of nine thousand dollars ($9,000) for its apparent willful and repeated violations of Sections
73.3526(e)(11)(iii) and 73.3514 of the Commission's Rules.
11.
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, that San-Lee Community Broadcasting, Inc.
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
12.
In the event that the Licensee wishes to revert WBFT-CA to low power television status,
the Licensee need only notify us of this election and request a change in status for the station.15 Should
the Licensee elect to revert the station to low power status, the Licensee would no longer be apparently
liable for the forfeiture amount described herein.
13.
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).
14.
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. No. referenced above.
15.
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-


13 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.
14 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.
15 See 47 C.F.R. 73.6001(d).
3

Federal Communications Commission

DA 13-1553

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.
16.
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. 20554.16
17.
IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to San-Lee Community Broadcasting, Inc., P.O Box 4646, 204
St. Clair Court, Sanford, North Carolina, 27331-4646.
FEDERAL COMMUNICATIONS COMMISSION
Hossein Hashemzadeh
Deputy Chief, Video Division
Media Bureau


16 See 47 C.F.R. 1.1914.
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