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Guenter Marksteiner

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Released: September 23, 2013

Federal Communications Commission

DA 13-1943

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of:

Guenter Marksteiner
FRN: 0005010053
Licensee of Stations WHDT-CD, Miami, Florida;
NAL/Acct. No. 201341420023
WYDT-CA, Naples, Florida
Facility ID Nos. 9614; 25538


Adopted: September 20, 2013

Released: September 23, 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 Guenter Marksteiner, licensee of Stations WHDT-CD,
Miami, Florida and WYDT-CA, Naples, Florida, 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 (FCC Form 398). Based on
our review of the facts and circumstances, we find the Licensee liable for a forfeiture of Twelve
Thousand Dollars ($12,000.00).


The Video Division issued a Notice of Apparent Liability ("NAL") for Forfeiture on
July 10, 2013.2 The NAL notified the Licensee that its failure to file timely its Children's
Television Programming Reports on behalf of both stations 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 $12,000. The Licensee
received but did not file a response to the NAL.


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.4
In order to impose a forfeiture penalty, the

1 47 C.F.R. 0.61(f)(1), 1.80(a)(1) & (2).
2 Guenter Marksteiner, Notice of Apparent Liability for Forfeiture, DA 13-1544 (Jun. 21, 2013). The notice
was sent to the Licensee's address on record by certified mail, return receipt requested, and was signed for by
a representative of the licensee on July 15, 2013.
3 47 C.F.R. 73.3526(e)(11)(iii).
4 47 U.S.C. 503(b)(1) (A) & (B); 47 C.F.R. 1.80(a)(1) & (2). The Commission may assess a forfeiture

Federal Communications Commission

DA 13-1943

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.5 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.6 As
we set forth in greater detail below, we conclude that the Licensee is liable for a forfeiture for
repeated violations of Section 73.3526(e)(11)(iii) 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.7 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.8
The Licensee received the NAL and did not offer any response regarding the
violations identified in the NAL during the thirty day response period. 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.9 In determining the appropriate forfeiture amount, the Commission may adjust 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."
In the NAL, the Video Division proposed a forfeiture amount of $12,000. Having
carefully reviewed the record, we do not find any basis to reduce the forfeiture amount.


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,10 Guenter Marksteiner SHALL FORFEIT to the United States the sum of

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).
5 47 U.S.C. 503(b); 47 C.F.R. 1.80(f).
6 See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 (2002).
7 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).
8 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).
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), recon. denied, 15 FCC Rcd
303 (1999); 47 C.F.R. 1.80(b)(4).
10 47 U.S.C. 503(b); 47 C.F.R. 0.61(f)(1) & 1.80(a)(1)&(2).

Federal Communications Commission

DA 13-1943

twelve thousand dollars ($12,000) for repeatedly violating Section 47 U.S.C. 336(f)(2)(A)(ii)
and 47 C.F.R. 73.3526(e)(11)(iii).
9. In the event that the Licensee wishes to revert WHDT-CD and/or WYDT-CA to
low power television status, the Licensee need only notify us of this election and request a
change in status for the station(s).11 Should the Licensee elect to revert the stations 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 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
be sent by Certified Mail Return Receipt Requested to Guenter Marksteiner, 47 Winnacunnet
Road, Hampton, New Hampshire, 03824, and to its counsel, Lauren Lynch Flick, Esq., Pillsbury
Winthrop Shaw Pittman, LLP, 2300 N Street NW, Washington, D.C. 20037.
Barbara A. Kreisman
Chief, Video Division
Media Bureau

11 See 47 C.F.R. 73.6001(d).

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