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Campbellsville University

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Released: December 19, 2013

Federal Communications Commission DA 13-2420

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of:

Campbellsville University
Facility I.D. No. 8500
Licensee of Station WLCU-CA
NAL/Acct. No.: 201341420045
Campbellsville, Kentucky
FRN: 0013180294


Adopted: December 18, 2013

Released: December 19, 2013

By the Chief, Video Division, Media Bureau:


In this Forfeiture Order, issued pursuant to Sections 0.61(f)(1) and 1.80(a)(1) and
(2) of the Commission’s rules,1 we find that Campbellsville University licensee of Station WLCU-
CA, Campbellsville, Kentucky, repeatedly violated Section 73.3526(e)(11)(iii) of the
Commission’s Rules by failing to file electronically with the Commission in a timely manner the
Station’s Children’s Television Programming Reports. Based on our review of the facts and
circumstances, we find the Licensee liable for a forfeiture of Three Thousand Dollars


The Video Division issued a Notice of Apparent Liability (“NAL”) for Forfeiture
on October 28, 2013.2 The NAL notified the Licensee that its failure to file timely its Children’s
Television Programming Reports constituted an apparent willful or repeated violation of Section
73.3526(e)(11)(iii) of the Commission’s rules.3 The Division concluded that the Licensee was
apparently liable for a forfeiture of $3,000.
In a timely response dated November 8, 2013, the Licensee did not dispute the
claimed violations but nonetheless asserted that the proposed forfeiture amount should be reduced
or cancelled.4

1 47 C.F.R. §§ 0.61(f)(1), 1.80(a)(1) & (2).
2Central Ohio Association of Christian Broadcasters, Notice of Apparent Liability for Forfeiture, DA 13-
2073 (Oct. 28, 2013).
3 47 C.F.R. § 73.3526(e)(11)(iii).
4 Licensee Response to Notice of Apparent Liability (“Licensee Response”) (Sept. 26, 2013) at 1-2.

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DA 13-2420


The Commission is authorized to license radio and television broadcast stations
and is responsible for enforcing the Commission’s rules and applicable statutory provisions
concerning the operation of those stations. Under section 503(b)(1) of the Act, any person who is
determined by the Commission 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
In order to impose a forfeiture penalty, the
Commission must issue a notice of apparent liability, the notice must be received, and the person
against whom the notice has been issued must have an opportunity to show, in writing, why no
such penalty should be imposed.6 The Commission will then issue a forfeiture order if it finds by
a preponderance of the evidence that the person has violated the Act or a Commission rule.7 As
we set forth in greater detail below, we conclude that the Licensee is liable for a forfeiture for
repeated violations of Sections 73.3526(e)(11)(iii) and 73.3514(a) of the Commission’s rules.
We ultimately conclude that the forfeiture amount should not be reduced from the amount
proposed in the NAL.
The Community Broadcasters Protection Act requires that Class A television
stations comply with all rules applicable to full-power television stations except for those rules that
could not apply for technical or other reasons.8 The Commission rules establish that Class A
licensees must (i) offer informational and educational children’s programming; (ii) prepare and
place in a public inspection file quarterly Children’s Television Programming Reports; and (iii)
electronically file those reports with the Commission.9
The Licensee does not dispute that it failed to file certain Children’s Television
Programming Reports with the Commission in a timely manner.10 These deficiencies, regardless of
the cause, constitute repeated violations of the relevant Commission rules.
Commission policy establishes a base forfeiture amount of $3,000 for failure to file
a required form.11 In determining the appropriate forfeiture amount, the Commission may adjust

5 47 U.S.C. § 503(b)(1) (A) & (B); 47 C.F.R. § 1.80(a)(1) & (2). The Commission may assess a forfeiture
order for violations that are merely repeated, and not willful. See, e.g., Callais Cablevision, Inc., Grand Isle,
, Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362, (2001) (issuing a
Notice of Apparent Liability for a cable television operator’s repeated violations of the Commission’s signal
leakage rules). “Repeated” means that the act was committed or omitted more than once. Southern
California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
6 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).
7 See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 (2002).
8 Community Broadcasters Protection Act of 1999, Pub. L. No. 106-113, 113 Stat. Appendix I at pp. 1501A-
594-1501A-598 (1999), codified at 47 U.S.C. § 336(f).
9 Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355,
6366 (2000); 47 C.F.R. § 73.3526 (a)(2) & (e)(11)(iii).
10 The Licensee states that only two of its Children’s Programming Reports were filed late. In fact, not
including the quarters in which the Licensee provided explanations for why the reports appeared to be filed
late, six reports were filed late over the course of the license period.
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), recon. denied, 15 FCC Rcd
303 (1999); 47 C.F.R. § 1.80(b)(4).

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DA 13-2420

the base amount upward or downward by considering the factors in Section 503(b)(2)(E), which
include “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.” Licensee argues that the forfeiture amount should be reduced or
cancelled because it would adversely affect the Licensee’s budget for the upcoming year.12
The Commission will not consider reducing or canceling a forfeiture in response
to inability to pay unless the licensee 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 licensee’s current financial status. Typically, the Commission uses gross revenue as
the primary measuring stick by which it evaluates a licensee’s ability to pay.13 Here, the Licensee
failed to provide any such documentation.14
In the NAL, the Video Division proposed a forfeiture amount of $3,000. Because
the Licensee did not provide the required documentation, there is no basis to consider any reduction
in the forfeiture amount based on an inability to pay. We therefore conclude that the $3,000
forfeiture amount should not be reduced.


ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.61(f)(1) and 1.80(a)(1)&(2) of the
Commission’s rules,15 Campbellsville University SHALL FORFEIT to the United States the sum
of Three Thousand Dollars ($3,000) for repeatedly violating 47 C.F.R. § 73.3526(e)(11)(iii).
In the event that the Licensee wishes to revert WLCU-CA to low power
television status, the Licensee need only notify us of this election and request a change in status
for the station.16 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.
Payment of the forfeiture shall be made in the manner provided for in Section
1.80 (h) of the Commission’s rules within thirty (30) calendar days after the release date of this
Forfeiture Order. If the forfeiture is not paid within the period specified, the case may be referred
to the U.S. Department of Justice for enforcement of the forfeiture pursuant to Section 504(a) of
the Communications Act of 1934, as amended. The Licensee shall send electronic notification of
the payment to Peter Saharko at on the date payment is made.
The payment must be made by check or similar instrument, wire transfer, or
credit card, and must include the NAL/Account number and FRN referenced above. Regardless
of the form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted.
When completing FCC Form 159, enter the Account Number in block number 23A (call
sign/other ID) and enter the “FORF” in block number 24A (payment type code). Payment by

12 Licensee Response at 2.
13 San Jose State University, Memorandum Opinion and Order, 26 FCC Rcd 5908 (2011).
14 Licensee Response at 1-2.
15 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.61(f)(1) & 1.80(a)(1)&(2).
16 See 47 C.F.R. § 73.6001(d).

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DA 13-2420

check or money order must be made payable to the order of the Federal Communications
Commission. Such payments (along with the completed Form 159) must be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via
overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention
Plaza, St. Louis, MO 63101.
be sent by Certified Mail Return Receipt Requested to Campbellsville University, 1 University
Drive, Campbellsville, Kentucky, 42718, and to its counsel, Lauren Lynch Flick, Pillsbury
Winthrop Shaw Pittman LLP, 2300 N Street NW, Washington, D.C. 20037-1122.
Barbara A. Kreisman
Chief, Video Division
Media Bureau

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