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Before the
                Federal Communications Commission
                     Washington, D.C. 20554




In the Matter of                 )
                                )
NBC Telemundo License Co.        )    File No. EB-04-TC-101
Licensee of WRC-TV               )    Facility ID No. 47904
Washington, D.C.                 )    NAL/Acct. No. 200532170010 
                                )    FRN: 0009825456
                                )
Apparent Liability for           )
Forfeiture                       )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:  May 25, 2005                                          
Released:  May 25, 2005                 
By the Acting Chief, Enforcement Bureau:

I.   INTRODUCTION

     1.     In this Notice of Apparent Liability for Forfeiture 
(``NAL''),1 we find that NBC Telemundo License Co. (``NBC'') 
apparently willfully or repeatedly violated section 713 of the 
Communications Act of 1934, as amended (the ``Act''),2 and 
section 79.2(b)(1)(i) of the Commission's rules.3 NBC apparently 
violated the Act and the Commission's rules by failing to make 
accessible to persons with hearing disabilities emergency 
information that it provided aurally in its programming for WRC-
TV during a thunderstorm/tornado watch in the Washington, D.C. 
Metropolitan area on May 25, 2004.  Based upon our review of the 
facts and circumstances, we find NBC apparently liable for a 
forfeiture in the amount of $16,000. 

II.  BACKGROUND

     2.     Approximately one in ten Americans - 28 million - has 
some level of hearing loss; in the population of people over 65 
years of age, this proportion increases to one in three.4  As the 
median age of the population continues to rise, the proportion of 
Americans with hearing loss will likely increase.5  According to 
the American Speech-Language-Hearing Association, ``[t]he number 
of Americans with a hearing loss has evidentially doubled during 
the past 30 years.  Data gleaned from Federal surveys illustrate 
the following trend of prevalence [of hearing loss] for 
individuals aged three years or older: 13.2 million (1971), 14.2 
million (1977), 20.3 million (1991), and 24.2 million (1993).''6  
Access to television information in an emergency is critical for 
all Americans, including this important and growing segment of 
our population.   

     A.  Requirements for Accessibility of Emergency Information

     3.     Congress recognized how important visual access to 
televised information is to individuals with hearing 
disabilities, and required the Commission, pursuant to section 
713 of the Act,7 to prescribe rules regarding Video Programming 
Accessibility.  Pursuant to this direction, and out of a concern 
that critical emergency information be available to every 
television viewer, including persons with hearing disabilities, 
the Commission adopted section 79.2 of the rules.8  Section 
79.2(b)(1)(i) requires that video programming distributors 
providing emergency information in the audio portion of 
programming must provide persons with hearing disabilities with 
the same access to such information that distributors provide to 
listeners, either through a method of closed captioning or by 
using another method of visual presentation.9  

 4.  The Commission's rules do not require closed captioning,10 
but allow for other methods of visual presentation, including, 
but not limited to, open captioning, crawls, or scrolls.11  The 
Commission stated that it was permitting these alternatives 
because it was concerned about the limited ``real-time'' 
captioning resources available and their current costs.12  The 
Commission made clear, however, that regardless of the method of 
visual presentation used, video programming distributors must 
``use [a] method of visual presentation [that] ensure[s] the same 
accessibility [to emergency information] for persons with hearing 
disabilities as for any other viewer, as required by the 
rule.''13  This could include already prepared signs or charts or 
handwritten information contained on a white board.14  The 
Commission mandated equal accessibility because emergency 
information is of ``equal or greater importance to persons with 
hearing disabilities, and television plays a critical role in its 
dissemination.'' 15  Further, it is clear from the Commission's 
definition of emergency information, i.e., information about a 
``current'' emergency that provides critical details concerning 
``how to respond to the emergency,''16 that the Commission 
required video programming distributors to display emergency 
information in a timely manner so that viewers can respond to a 
current emergency before becoming endangered.  The Commission 
long ago recognized the importance of timeliness of providing 
emergency information, noting that ``if visual notification is 
delayed, it should not be unreasonably delayed so that a hearing 
impaired person would not have time to take reasonable and 
constructive precautions with regard to the emergency.''17

     5.     The Commission defined emergency information in 
section 79.2 as ``information, about a current emergency, that is 
intended to further the protection of life, health, safety, and 
property, i.e., critical details regarding the emergency and how 
to respond to the emergency,''18 not merely the existence of an 
emergency.19  The rule provides the following non-exhaustive list 
of examples of the types of emergencies covered:  ``tornadoes, 
hurricanes, floods, tidal waves, earthquakes, icing conditions, 
heavy snows, widespread fires, discharge of toxic gases, 
widespread power failures, industrial explosions, civil 
disorders, school closings and changes in school bus schedules 
resulting from such conditions, and warnings and watches of 
impending changes in weather.''20  The Commission further stated 
that critical details included, among other things, ``specific 
details regarding the areas that will be affected by the 
emergency, evacuation orders, detailed descriptions of areas to 
be evacuated, specific evacuation routes, approved shelters or 
the way to take shelter in one's home, instructions on how to 
secure personal property, road closures, and how to obtain relief 
assistance.''21  Since the adoption of the rules, the Commission 
has repeatedly reminded video programming distributors of their 
obligation to make emergency information accessible.22  
     B.  The Investigation

     6.     On May 25, 2004, the Washington, D.C. Metropolitan 
area was subject to a severe thunderstorm/tornado watch.  The 
Commission received a consumer complaint against WRC-TV alleging 
that the station failed to make information on the 
thunderstorm/tornado watch accessible to persons with hearing 
disabilities that resulted in confusion for those viewers about 
the severity and location of the emergency including what they 
should do to remain safe.  In the words of the complainant, at 
``8:30 p.m. [d]uring the severe thunderstorm/tornado watch 
period, I turned to Channel 4 (WRC) and saw a map.  A visual 
showed a list of weather-related details: temperature, wind, 
gust, etc. but those details were meaningless to me.  The `storm 
track box' gave no information about whether these things meant 
there was a danger to me and, if so, what to do about it.''23  

     7.     The Enforcement Bureau (``Bureau'') subsequently 
launched an investigation into NBC's broadcasts carried on WRC-TV 
on that date.  The Bureau sent a Letter of Inquiry to NBC, 
directing NBC to provide, among other things, videotapes of NBC's 
May 25, 2004 coverage of the thunderstorm/tornado watch on WRC-
TV.  NBC filed a response that included the requested 
videotapes.24  

     8.     The Bureau has reviewed NBC's tapes of WRC-TV's 
programming and identified two instances where the station 
aurally provided emergency information regarding the way to take 
shelter in one's home but failed to provide the visual 
presentation of that emergency information.  The two instances 
are described below.

       (a)  At 8:42 p.m. and 8:49 p.m., meteorologist Bob Ryan 
told viewers in southern Prince George's County to get away from 
their windows, and go to an interior room, such as a bathroom or 
closet.  NBC failed to provide closed captioning or other visual 
presentation of this information on WRC-TV after 8:49 p.m.

       (b)  At 9:02 p.m., Mr. Ryan told all viewers that they 
should get away from windows and go to a bathroom or basement 
when they observe high winds.  NBC failed to provide closed 
captioning or any visual presentation of this information on WRC-
TV after 9:02 p.m.


III.        DISCUSSION

     9.     As an initial matter, we note that NBC is a ``video 
programming distributor'' subject to section 79.2 of the 
Commission's rules.  Section 79.1(a)(2) defines a video 
programming distributor as ``[a]ny television broadcast station 
licensed by the Commission....''25 As a broadcast licensee, NBC 
must comply with the Commission's rules regarding the 
accessibility of emergency information to individuals with 
hearing disabilities. 
     10.     We now turn to an analysis of the information 
broadcast by NBC over WRC-TV during the time period at issue.  
NBC interrupted its regular programming with coverage of the 
thunderstorm/tornado watch on several occasions.  NBC's 
meteorologist repeated emergency information many times, 
emphasizing the areas where the thunderstorm or tornado was 
located and was likely to cause damage or loss of life, warned 
viewers to take shelter in their homes, and provided instructions 
for safe sheltering.  However, as described in a consumer 
complaint, most of the visual information NBC provided, such as 
weather maps and temperature information, did not reveal the 
danger of a tornado to persons with hearing disabilities, much 
less how they should take shelter in response to the threat.26  
Thus, while NBC visually presented some information during this 
period, mostly concerning the location of the worst weather, it 
appears that in several instances NBC did not make critical 
information available to persons with hearing disabilities.  

     11.     The record shows that, in two separate instances 
from 8:42 p.m. to 9:02 p.m., NBC aurally provided critical 
emergency information to viewers on the way to take shelter in 
one's home, but failed to provide timely visual presentation of 
this information.  The information in question concerning the 
need to and the way to take shelter in one's home falls squarely 
within the Commission's definition of ``emergency information'' 
because it is ``[i]nformation, about a current emergency, that is 
intended to further the protection of life, health, safety, and 
property, i.e., critical details regarding the emergency and how 
to respond to the emergency.''27  Indeed, the Commission offered 
this category of information as an example of critical details 
covered by the rule.28   In addition, the Commission offered 
tornadoes and warnings and watches of impending changes in 
weather as examples of covered emergencies.29  WRC did not, 
however, provide visual presentation of the shelter instructions 
after they were aurally provided.  We note that, because of the 
rapid movement of a tornado and the quickly changing weather 
patterns associated with this type of weather event, it is vital 
that basic emergency information be provided visually and in a 
timely manner.  The failure to present emergency information 
visually in this instance could have resulted in serious bodily 
harm or loss of life for persons with hearing disabilities.  
Accordingly, based on the facts and circumstances present here, 
we find WRC liable for two apparent violations of section 
79.2(b)(1)(i). 

     12.     NBC raises several defenses in its response to the 
Letter of Inquiry, each of which we reject.  First, NBC contends 
that the rule does not specify a ``time limit by which the 
information must be conveyed through visually accessible 
means.''30  We disagree and note that the Commission did 
prescribe timing requirements for the visual display of emergency 
information, as discussed in more detail below.  In any event, we 
reject NBC's contention that any confusion on its part as to how 
quickly it must visually provide basic, critical emergency 
information means that it is free not to provide such information 
visually at all after aurally providing it, as it did here in the 
two instances described above.  Under no reasonable 
interpretation of the Commission's rule is NBC free to ignore the 
visual presentation requirements in this manner.31  

     13.     Second, NBC argues that the Commission left 
``further interpretation of emergency information, and how or 
when any requisite presentation is to occur, to the good faith 
discretion of the licensee.''32  This too is wrong.  Rather, the 
Commission stated in the Second Report and Order that ``in 
determining whether particular details need to be made 
accessible, we will permit programmers to rely on their own good 
faith judgments.'' 33  Although the rule allows programmers to 
exercise discretion as to whether to display non-critical details 
of emergency information, it is not plausible to suggest that 
programmers may refuse to present such basic, critical 
information in a tornado/thunderstorm emergency as shelter-at-
home advice.  Such an expansive interpretation of the good faith 
exception would swallow the rule and render it wholly 
ineffective.  

     14.     Finally, NBC contends in its response that deviation 
from this policy of reasonable deference ``could delay or deter 
any news coverage.'' 34  We do not believe, however, that NBC 
would abandon its public interest obligation to provide news 
about local emergencies because of our action here.  As the 
Commission recently said, ``[b]roadcasters, who are temporary 
trustees of the public airwaves, must use the medium to serve the 
public interest, and the Commission has consistently interpreted 
this to mean that licensees must air programming that is 
responsive to the interests and needs of their communities of 
license ...''  The Commission further stated that ``[a] 
fundamental way in which broadcasters use the medium to serve 
their communities of license is to provide emergency 
information''35 and noted ``the critical and fundamental role of 
emergency information as a component of broadcasters' local 
public service obligations...''36  We expect that NBC will 
continue to honor its public interest obligation to provide 
emergency information to communities it serves, while remaining 
in compliance with governing Commission rules.  Indeed, as 
described below, with a few modest steps, NBC and other video 
programming providers can fully comply with emergency 
accessibility requirements without sacrificing their commitment 
to broadcast news coverage in a timely manner.    

IV.      FORFEITURE AMOUNT

     15.     For the time period at issue in this case, section 
503(b)(2)(A) of the Communications Act authorized the Commission 
to assess a forfeiture of up to $27,500 for each violation of the 
Act or of any rule, regulation, or order issued by the Commission 
under the Act.37  In exercising such authority, we are required 
to take into account "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."38  Based on 
our review of the record, we conclude that NBC is apparently 
liable for the willful or repeated violation of our rules.

     16.     The Commission's forfeiture guidelines do not 
currently establish a base forfeiture amount for violations of 
section 79.2(b)(1)(i).  Enforcement of the emergency 
accessibility rules is important as lives may depend on 
compliance.  We find that $8,000, the base forfeiture amount for 
violations of rules relating to distress and safety frequencies 
and for failure to install and operate Emergency Alert System 
(``EAS'') equipment, is analogous and warranted for apparent 
violations of section 79.2(b)(1)(i).39  The purpose of the EAS 
and safety frequencies rules is to warn persons of emergencies, 
and the purpose of section 79.2(b)(1)(i) is the same.  NBC 
provided aural emergency information without providing visual 
presentation on several occasions, resulting in two apparent 
violations of the rule.  Accordingly, we propose a forfeiture of 
$16,000 for the two apparent violations here.  NBC will have the 
opportunity to submit further evidence and arguments in response 
to this NAL to show that no forfeiture should be imposed or that 
some lesser amount should be assessed.40 
 
V.   CONCLUSIONS AND ORDERING CLAUSES

     17.     We have determined that NBC Telemundo License Co. 
has apparently willfully or repeatedly violated section 713 of 
the Act and section 79.2(b)(1)(i) of the Commission's rules by 
failing to make emergency information that it provided to hearing 
people accessible to persons with hearing disabilities, resulting 
in a proposed forfeiture of $16,000.

     18.     Accordingly, IT IS ORDERED, pursuant to section 
503(b) of Communications Act of 1934, as amended, 47 U.S.C. § 
503(b), and section 1.80 of the Commission's rules, 47 C.F.R. § 
1.80, that NBC Telemundo License Co. IS HEREBY NOTIFIED of an 
Apparent Liability for Forfeiture in the amount of $16,000 for 
willful or repeated violations of section 713 of the Act, 47 
U.S.C. § 613, and section 79.2(b)(1)(i) of the Commission's 
rules, 47 C.F.R. § 79.2(b)(1)(i), as described in the paragraphs 
above. 

     19.     IT IS FURTHER ORDERED, pursuant to section 1.80 of 
the Commission's rules, 47 C.F.R. § 1.80, that within thirty (30) 
days of the release of this Notice, NBC Telemundo License Co. 
SHALL PAY the full amount of the proposed forfeiture OR SHALL 
FILE a response showing why the proposed forfeiture should not be 
imposed or should be reduced.41  

     20.     Payment of the 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 above.  Payment by check or 
money order may be mailed to Federal Communications Commission, 
P.O. Box 358340, Pittsburgh, PA 15251-8340.  Payment by overnight 
mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 
1540670, Pittsburgh, PA 15251.   Payment by wire transfer may be 
made to ABA Number 043000261, receiving bank Mellon Bank, and 
account number 911-6106.

     21.     The Bureau will not consider reducing or canceling a 
forfeiture in response to a claim of inability to pay unless the 
petitioner 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 petitioner'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.

     22.     Requests for payment of the full amount of this 
Notice of Apparent Liability under an installment plan should be 
sent to:  Chief, Revenue and Receivables Operations Group, 445 
12th Street, S.W., Washington, D.C., 20554.42

     23.     IT IS FURTHER ORDERED that copies of this Notice of 
Apparent Liability for Forfeiture SHALL BE SENT by certified mail 
to F. William LeBeau, Assistant Secretary and Senior Regulatory 
Counsel, NBC Telemundo License Co., 1299 Pennsylvania Avenue, 
N.W., Washington, D.C. 20004. 

               
                         FEDERAL COMMUNICATIONS COMMISSION



                         Kris A. Monteith
                         Acting Chief, Enforcement Bureau

_________________________

1See 47 U.S.C. § 503(b)(4)(A).  The Commission has authority 
under this section of the Act to assess a forfeiture penalty 
against a broadcast licensee if the Commission determines that 
the licensee has "willfully or repeatedly" failed to comply with 
the provisions of the Act or with any rule, regulation, or order 
issued by the Commission under the Act.  For a violation to be 
willful, it need not be intentional.  Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).
247 U.S.C. § 613.
347 C.F.R. § 79.2(b)(1)(i).
4See Section 68.4(a) of the Commission's Rules Governing Hearing 
Aid-Compatible Telephones, WT Docket No. 01-309, Report and 
Order, 18 FCC Rcd 16753, at para. 5 (2003) (HAC Report and 
Order); Erratum, WT Docket No. 01-309, 18 FCC Rcd 18047 (2003) 
(citations omitted).
5See HAC Report and Order, 18 FCC Rcd 16753, at para. 5.
6From:  
http://www.asha.org/public/hearing/disorders/prevalence_adults.h-
tm  (visited May 24, 2005) (citations omitted).
747 U.S.C § 613.
8Closed Captioning and  Video Description  of Video  Programming, 
Implementation of Section  305 of the  Telecommunications Act  of 
1996, and Accessibility of  Emergency Programming, Second  Report 
and Order, 15 FCC  Rcd 6615, 6621-22,  para. 12 (2000)  (``Second 
Report and Order'').
947 C.F.R. § 79.2(b)(1)(i).
10Second Report and Order, 15 FCC Rcd at 6620, para. 11.
11Id. at 6618, para. 8.  
12Id. at 6621, para. 11.
13Id. at 6623-24, para. 16.
14See generally, Amendment of Part 73 of the Rules to Establish 
Requirements for Captioning of Emergency Messages on Television, 
Report and Order, Docket No. 20659, 61 FCC2d 18 (1976) (1976 
Order), at paras. 9, 11 and Appendix B (relating to prior visual 
presentation requirements and noting potential use of slides and 
hand printed messages).
15Id. at 6619-20, paras. 9, 10 (citing examples of the importance 
of timely visual emergency information including an inaccessible 
tornado warning that caused delay in evacuation of children and 
an inaccessible water contamination warning that caused persons 
with hearing disabilities to needlessly incur health risks of 
which they were not initially aware).  In attempting to determine 
the scope of this rule, the Commission expressed concern that the 
disabilities community have available ``sufficient information'' 
with the ``same immediacy'' as other viewers.  Closed Captioning 
and Video Description of Video Programming, Implementation of 
Section 305 of the Telecommunications Act of 1996, and 
Accessibility of Emergency Programming, Further Notice of 
Proposed Rulemaking, 13 FCC Rcd 5627, 5631 (1998).  In addition 
to the plain meaning of ``emergency information,'' the nature of 
the critical details described in section 79.2(a)(2) makes clear 
that timely visual presentation is required.  
1647 C.F.R. § 79.2(a)(2).
17 1976 Order, 61 FCC 2d 18, at para. 11.
18Id.
19Second Report and Order, 15 FCC Rcd at 6617, para. 5.
20Id. (emphasis added).
21Note to 47 C.F.R. § 79.2(a)(2) (emphasis added).
22See, e.g., Public Notice, ``Reminder to Video Programming 
Distributors of Obligation to Make Emergency Information 
Accessible to Persons with Hearing Disabilities," DA 01-1930, 16 
FCC Rcd 15348, (2001); Public Notice, ``Reminder to Video 
Programming Distributors of Obligation to Make Emergency 
Information Accessible to Persons with Hearing or Vision 
Disabilities,'' 17 FCC Rcd 14614 (2002); Public Notice, 
``Reminder to Video Programming Distributors of Obligation to 
Make Emergency Information Accessible to Persons with Hearing or 
Vision Disabilities,'' 18 FCC Rcd 14670 (2003); Public Notice, 
``Reminder to Video Programming Distributors of Obligations to 
Make Emergency information Accessible to Persons with Hearing or 
Vision Disabilities,'' 19 FCC Rcd 9882 (May 24, 2004); Public 
Notice, ``Reminder to Video Programming Distributors of 
Obligation to Make Emergency Information Accessible to Persons 
with Hearing or Vision Disabilities,'' DA 05-688, 20 FCC Rcd ___ 
, 2005 WL 626867 (CGB March 17, 2005).  See also Letter from 
Colleen Heitkamp, Chief, Telecommunications Consumers Division, 
FCC, to F. William LeBeau, Assistant Secretary, WRC-TV (April 22, 
2004).
23Complaint filed by Cheryl A. Heppner, Executive Director, 
Northern Virginia Resource Center for Deaf and Hard of Hearing 
Persons (``NVRC'') (filed May 28, 2004) .  NVRC is located in 
Fairfax, Virginia, a suburb of Washington, D.C.
24Letter from Colleen K. Heitkamp, Chief, Telecommunications 
Consumers Division, Enforcement Bureau, FCC, to NBC Telemundo 
License Co. (June 7, 2004) (``Letter of Inquiry'').  NBC is 
licensee of WRC-TV, Letter from F. William LeBeau, Assistant 
Secretary and Senior Regulatory Counsel, NBC, to Peter G. Wolfe, 
Senior Attorney, FCC (July 1, 2004) (``Response''), and is a 
video programming distributor as defined in our rules.  47 C.F.R. 
§ 79.1(a)(2).  As a video programming distributor, NBC is 
obligated to provide to persons with hearing disabilities the 
same access to emergency information that it provides to 
listeners of its programming. 47 C.F.R. § 79.2(b)(1)(i).  
2547 C.F.R. § 79.1(a)(2).
26See supra para. 6.
2747 C.F.R. § 79.2(a)(2).  In addition, the information here was 
primarily intended for the audience in the geographic area where 
the emergency was occurring.  47 C.F.R. § 79.2(b)(2).
28Note to 47 C.F.R. § 79.2(a)(2).
2947 C.F.R. § 79.2(a)(2).
30Response at 3.
31Further, the fact that NBC visually presented some shelter 
information before the aural statements in the two instances 
described was of no help to the complainant or any other hearing-
impaired viewers who did not tune into the programming until 
after the visual presentation had been provided for the last 
time.  
32Response at 2-3.
33Second Report and Order, 15 FCC Rcd at 6617, para. 5 (emphasis 
added).  For example, if the station stated aurally that 
residents should shelter-at-home and at the same time mentioned 
the last time a tornado touched down in the area, it might 
reasonably be able to exercise its discretion to omit the latter 
information as long as the station visually presented the 
shelter-at-home information.
34Response at 3.
35Broadcast Localism, Notice of Inquiry, 19 FCC Rcd 12425,  12435 
(2004).
36Id. at 12435.
37Specifically, section 503(b)(2)(A) provides for forfeitures up 
to $25,000 for each violation or a maximum of $250,000 for each 
continuing violation by (i) a broadcast station licensee or 
permittee, (ii) a cable television operator, or (iii) an 
applicant for any broadcast or cable television operator license, 
permit, certificate or similar instrument.  47 U.S.C. § 
503(b)(2)(A).  The Commission amended its rules by adding a new 
subsection to its monetary forfeiture provisions that 
incorporates by reference the inflation adjustment requirements 
contained in the Debt Collection Improvement Act of 1996 (DCIA), 
Pub L. No. 104-134, § 31001, 110 Stat. 1321 (1996).  Thus, the 
maximum statutory forfeiture per violation pursuant to section 
503(b)(2)(A) increased from $25,000 to $27,500.  See Amendment of 
Section 1.80(b) of the Commission's Rules and Adjustment of 
Forfeiture Maxima to Reflect Inflation, 15 FCC Rcd. 18,221 
(2000).  We note that the Commission recently increased the per 
violation amount again to $32,500.  See Amendment of Section 
1.80(b) of the Commission's Rules and Adjustment of Forfeiture 
Maxima to Reflect Inflation, 2004 WL 1366972, FCC 04-139 (rel. 
June 18, 2004); 69 FR 47788 (establishing an effective date of 
September 7, 2004).

38See 47 U.S.C. § 503(b)(2)(D); see also The Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of the 
Commission's Rules, 12 FCC Rcd 17,087 (1997); recon. denied, 15 
FCC Rcd 303 (1999).

39See  47 C.F.R. § 1.80(b)(4).
40See 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3).

41If NBC chooses to respond, it should mail its response to 
Colleen Heitkamp, Chief, Telecommunications Consumers Division, 
Enforcement Bureau, Federal Communications Commission, 445 12th 
Street, S.W. Room-4C224, Washington, D.C. 20554.  ACC must 
include the file number listed above.  It should also send an 
electronic copy of its response to Mark Stone, Deputy Chief, 
Telecommunications Consumers Division, at mark.stone@fcc.gov and 
Peter Wolfe, Senior Attorney, Telecommunications Consumers 
Division, at peter.wolfe@fcc.gov.
4247 C.F.R. § 1.1914.