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Kaleidoscope Foundation, Inc.

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Released: July 3, 2014
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Federal Communications Commission

DA 14-952

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Kaleidoscope Foundation, Inc.

)

Facility I.D. No. 52425

Licensee of Station KSJF-CA

)

NAL/Acct. No.: 201441420020

Poteau, Oklahoma

)

FRN: 0003766342

NOTICE OF APPARENT

LIABILITY FOR FORFEITURE

Adopted: July 3, 2014

Released: July 3, 2014

By the 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 Kaleidoscope Foundation, Inc. (the “Licensee”), licensee

of Station KSJF-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 Reports.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 Three Thousand

Dollars ($3,000).

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. 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 January 25, 2014, the Licensee filed its license renewal application (FCC Form 303-

S) for Station KSJF-CA.3

The Licensee reported that Children’s Television Programming Reports for

several quarters were filed late during two quarters of the license period. Staff review showed that a third

report was filed late as well.

III.

DISCUSSION

4.

The Licensee’s failure to file with the Commission in a timely manner its Children’s

Television Programming Reports constitutes apparent willful and/or repeated

violations of Section

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 File No. BRDTA-20131129AQE.

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Federal Communications Commission

DA 14-952

73.3526(e)(11)(iii).

5.

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.4

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.5

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,6 and the Commission has so interpreted the term in the Section

503(b) context.7

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.”8

6.

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 or information.9

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.”10

In this case, the Licensee

repeatedly failed to file its Children’s Television Programming Reports with the Commission in a timely

manner for three quarters, and we therefore conclude that the Licensee is apparently liable for a $3,000

forfeiture for these apparent violations.

IV.

ORDERING CLAUSES

7.

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 Kaleidoscope Foundation, Inc. is

hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Three

Thousand Dollars ($3,000) for its apparent willful and repeated violations of Section 73.3526(e)(11)(iii)

of the Commission’s Rules.

8.

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 Kaleidoscope Foundation, Inc. SHALL PAY

the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or

cancellation of the proposed forfeiture.

9.

In the event that the Licensee wishes to revert KSJF-CA to low power television status,

the Licensee need only notify us of this election and request a change in status for the Station.11

Should

4 47 U.S.C. § 503(b)(1)(B); see also 47 C.F.R. § 1.80(a)(1).

5 47 U.S.C. § 312(f)(1).

6 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).

7 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).

8 47 U.S.C. § 312(f)(2).

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) (“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.

10 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.

11 See 47 C.F.R. § 73.6001(d).

2

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Federal Communications Commission

DA 14-952

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.

10.

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). An email notification of the

payment should be sent to peter.saharko@fcc.gov.

11.

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: Peter Saharko, Attorney Adviser,

Video Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above.

12.

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 principles

(“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.

13.

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. 20554.12

14.

IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and

Certified Mail, Return Receipt Requested, to Kaleidoscope Foundation, Inc., 38 River Estates Cove, Little

Rock, Arkansas 72223.

FEDERAL COMMUNICATIONS COMMISSION

Barbara A. Kreisman

Chief, Video Division

Media Bureau

12 See 47 C.F.R. § 1.1914.

3

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