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Notice Of Apparent Liability, Crawford County Community Radio, Inc.

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Released: November 21, 2013

Federal Communications Commission

DA 13-2230

Before the

Federal Communications Commission

Washington, D.C. 20554

In re Application of



Crawford County Community Radio, Inc.


Facility ID No. 76439


NAL/Acct. No. MB-20134140019

For Renewal of License for


FRN: 0015175128

Station WBRO(FM)


File No. BRED-20120731ALG

Marengo, Indiana





Adopted: November 21, 2013

Released: November 21, 2013

By the Chief, Audio Division, Media Bureau:




The Media Bureau (“Bureau”) has before it the application of Crawford County

Community Radio, Inc. (“Licensee”), for renewal of its license for Station WBRO(FM), Marengo,

Indiana (“Station”). In this Notice of Apparent Liability for Forfeiture (“NAL”),1 we find that Licensee

apparently willfully violated Section 73.3539 of the Commission’s Rules2 by failing to timely file its

license renewal application for the Station. Based upon our review of the facts and circumstances before

us, we conclude that Licensee is apparently liable for a monetary forfeiture in the amount of one

thousand, five hundred dollars ($1,500).




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

The Station’s license renewal application should

have been filed by April 1, 2012.4

No such application was filed until July 31, 2012, the day before the

license’s expiration date. Licensee did not provide any explanation for the untimeliness of its renewal




Proposed Forfeiture. Licensee in this case failed to file a timely license renewal

application for Station WBRO(FM), as required by Section 73.3539(a) of the Rules. Licensee’s renewal

1 This NAL is issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended

(“Act”), and Section 1.80 of the Commission’s rules (“Rules”). See 47 U.S.C. §§ 309(k), 503(b); 47 C.F.R. § 1.80.

The Bureau has delegated authority to issue the NAL under Section 0.283 of the Rules. See 47 C.F.R. § 0.283.

2 See 47 C.F.R. § 73.3539.

3 47 C.F.R. § 73.3539(a).

4 As a courtesy, the Bureau staff contacted Licensee’s principal, Shawn Scott, several times during the month of

April 2012 to advise that a renewal application for the Station’s license was overdue. Despite these efforts, Licensee

did not file the renewal application until July 31, 2012.


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DA 13-2230

application was not received until July 31, 2012, nearly four months after the renewal filing deadline and

the day before the license would have expired. Moreover, Licensee did not provide an explanation or

extenuating circumstances that would excuse the late filing.


This NAL is issued pursuant to Section 503(b)(1)(B) of the Act. Under that provision, a

person who is found 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


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.6

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,7 and the Commission has so interpreted the term in the Section 503(b) context.8


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.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, Licensee failed to file a timely renewal application for the Station and has

not provided any explanation for untimely filing. However, Licensee filed its renewal application prior to

the expiration of its current license. Taking into consideration these facts and all of the factors 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 $1,500 for the failure to file a timely renewal application.11


License Renewal Application.

In evaluating an application for license renewal, the

Commission’s decision is governed by Section 309(k) of the Act.12

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


If, however, the licensee fails to meet that standard, the Commission may deny the

5 47 U.S.C. § 503(b)(1)(B). See also 47 C.F.R. 1.80(a)(1).

6 47 U.S.C. § 312(f)(1).

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

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

recon. denied, 7 FCC Rcd 3454 (1992).

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; 47 C.F.R. § 1.80(b)(4).

Section 312(f)(2) of the Act further provides that “[t]he term ‘repeated,’ when used with reference to the

commission or omission of an 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.” 47 U.S.C. § 312(f)(2).

11 See, e.g., Bethany College, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 27

FCC 4369 (MB 2012) (similarly reducing forfeiture from the base amount to $1,500 for late filing); Little Miami

Local Schools, Forfeiture Order, 25 FCC Rcd 3553 (MB 2010) (affirming forfeiture of $1,500 for failure to file a

renewal application on time); Barnesville Broadcasting, Inc., Forfeiture Order, 25 FCC Rcd 3561 (MB 2010)

(same); Faith Trinity Assemblies, Forfeiture Order, 25 FCC Rcd 2593 (MB 2010) (same).

12 47 U.S.C. § 309(k).

13 47 U.S.C. § 309(k)(1).



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DA 13-2230

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 provided.”14


We find that Licensee’s apparent 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.15

Further, based on

our review of the license renewal application, we find that the Station served the public interest,

convenience, and necessity during the subject license term. We will therefore grant the captioned license

renewal application by separate action upon the conclusion of this forfeiture proceeding if no other issues

would preclude grant of the application.



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 Crawford County Community

Radio, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of

one thousand, five hundred dollars ($1,500) for its apparent willful violation of Section 73.3539 of the

Commission’s Rules.


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, Crawford County Community Radio, Inc., SHALL

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

cancellation of the proposed forfeiture.


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).

Licensee will also send electronic notification on the date said payment is made to and


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.


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

14 47 U.S.C. §§ 309(k)(2), 309(k)(3).

15 For example, we do not find here that 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 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. at 200.



Federal Communications Commission

DA 13-2230

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.


Requests for full payment of the forfeiture proposed in this NAL under the installment

plan should be sent to: Associate Managing Director-Financial Operations, Federal Communications

Commission, 445 12th Street, S.W., Room 1-A625, Washington, DC 20554.16


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

Certified Mail-Return Receipt Requested, to Crawford County Community Radio, Inc., P.O. Box 181

South Hwy 66, Marengo, IN 47140.


Peter H. Doyle

Chief, Audio Division

Media Bureau

16 See 47 C.F.R. § 1.1914.


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