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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                   )                         
                                                       File Number:          
     In the Matter of                              )   EB-06-IH-2309         
                                                                             
     Indianapolis Community Television, Inc.       )   NAL/Acct. No.         
                                                       200932080004          
     Licensee of Noncommercial Television          )                         
     Station WDTI(TV), Indianapolis, Indiana           Facility ID No. 7908  
                                                   )                         
                                                       FRN: 0011053717       
                                                   )                         


                  NoTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: April 15, 2009 Released: April 15, 2009

   By the Chief, Investigations and Hearings Division, Enforcement Bureau:

   I. Introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Indianapolis Community Television, Inc. ("ICTI"), licensee of
       noncommercial television station WDTI(TV), Indianapolis, Indiana,
       apparently willfully and repeatedly violated Section 73.1125 of the
       Commission's rules by failing to maintain a publicly accessible main
       studio, a meaningful management and staff presence at its main studio,
       a listed local telephone number, and failing to notify the Commission
       of the relocation of its main studio. As discussed below, based upon
       the facts and circumstances of this case, we find that ICTI is
       apparently liable for a forfeiture in the amount of $9,000.

   II. background

    2. In response to a complaint alleging that Station WDTI(TV) did not have
       a main studio, an agent from the Commission's Chicago Office inspected
       the Station on August 14, 2006, and discovered that the Station's
       transmitter was surrounded by a locked fence in a windowless brick
       building located on the campus of Butler University. Butler University
       retains ownership of the Station's antenna and transmitter site and
       leases antenna and transmitter space to ICTI. When the agent found the
       transmitter site locked and no personnel present, he contacted the
       Director of Media Arts at Butler University, who was able to unlock
       the gate surrounding the transmitter site to permit the agent access.
       The agent also obtained from Butler's Director of Media Arts the name
       and telephone number of David Fort, an employee of Station WDTI(TV).
       The agent subsequently contacted David Fort, who confirmed that the
       Station's only physical presence in Indianapolis is the Butler
       University transmitter site and that Station WDTI(TV) had no office,
       studio space, or other main studio location in the Indianapolis area.

    3. On April 13, 2007, the Bureau issued a Letter of Inquiry ("LOI") to
       ICTI requesting information and materials relating to the studio's
       location and staffing. ICTI responded to the LOI on June 18, 2007.

    4. In its Response, ICTI stated that it acquired Station WDTI(TV) from
       Butler University on or about August 25, 2004. At that time, the main
       studio location was at 770 West Hampton in Indianapolis, Indiana.
       Butler University, however, retained that studio space. Thus, ICTI
       stated that, on or about September 14, 2004, the Butler University
       transmitter site located at 4307 Lester in Indianapolis, Indiana was
       designated as the station's main studio. According to ICTI, the locked
       transmitter site served as the Station's main studio; the Station's
       public inspection file was kept at that site; David Fort, the
       Station's Manager and Chief Operator, was available at that site from
       8:00 a.m. to 5:00 p.m., Monday through Friday; and the Station had a
       local telephone number, although not listed locally. ICTI further
       stated that it "has been looking at various locations to relocate its
       main studio; however, it has experienced significant delays in
       commencing construction of its DTV build-out which has affected its
       relocation." ICTI also stated that it anticipated relocating the main
       studio before November 18, 2007.

    5. Despite a specific direction in the LOI that the inquiries were
       continuing in nature, the Bureau did not receive further information
       or documents from ICTI concerning its anticipated relocation of the
       Station's main studio and, accordingly, issued a supplemental LOI to
       ICTI. In its Supplemental Response, ICTI states that the Station's
       main studio was relocated to 5610 Crawfordsville Road, Indianapolis,
       Indiana on July 27, 2007. ICTI's response to the Supplemental LOI also
       states that the Station's relocated main studio is open to the public
       Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,
       that the Station has a local telephone number that is listed locally,
       and that the Station's public inspection file is kept at the relocated
       main studio. In addition, ICTI states that the relocated main studio
       is staffed by the Station's Manager and Chief Operator, who is a
       full-time employee.

   III. DISCUSSION

    6. 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. 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. 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, and the
       Commission so has interpreted the term in the Section 503(b) context.
       The Commission may also assess a forfeiture for violations that are
       merely repeated, and not willful. "Repeated" means that the act was
       committed or omitted more than once, or lasts more than one day. In
       order to impose such a 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. The
       Commission will then issue a forfeiture if it finds, by a
       preponderance of the evidence, that the person has willfully or
       repeatedly violated the Act or a Commission rule. As described in
       greater detail below, we conclude under this procedure that ICTI is
       apparently liable for a forfeiture in the amount of $9,000 for its
       apparent willful and repeated violation of the Commission's main
       studio rule.

     A. ICTI's Apparent Willful and Repeated Violation of the Main Studio
        Rule

    7. Section 73.1125(a) of the Commission's rules requires the licensee of
       a broadcast station to maintain a main studio in order to serve the
       needs and interests of the residents of the station's community of
       license. In particular, the main studio must be accessible to the
       public "[t]o assure meaningful public participation in [the
       Commission's] licensing process." To fulfill these functions, a
       station must, among other things, maintain a meaningful managerial and
       staff presence at its main studio. The Commission has defined a
       minimally acceptable "meaningful presence" as at least one full-time
       managerial and one full-time staff person who are present during
       normal business hours. Although management personnel need not be
       "chained to their desks" during normal business hours, they must
       "report to work at the main studio on a daily basis, spend a
       substantial amount of time there and . . . use the studio as a home
       base." Section 73.1125(e) also requires every broadcast station to
       maintain and list a local or toll-free telephone number in its
       community of license. Furthermore, Section 73.1125(d)(1) permits a
       licensee to relocate a station's main studio to a site within certain
       permissible geographic boundaries but requires the licensee to notify
       the Commission of such relocation.

    8. ICTI's decision in September 2004 to designate its locked,
       inaccessible transmitter site as Station WDTI(TV)'s main studio is
       contrary to the objectives underlying the main studio rule, to
       facilitate meaningful public participation in the Commission's
       licensing process and to serve the needs and interests of its
       community of license. It is implausible that any licensee would make a
       determination that such a main studio location fulfills these
       obligations. The site held out by ICTI as a main studio for Station
       WDTI(TV) from September 14, 2004 until July 27, 2007 had no public
       access because the transmitter site is surrounded by a locked chain
       link fence and is located adjacent to a locked access road. In
       addition, the local telephone number of the main studio was not listed
       during this period. ICTI, however, has demonstrated that the Station's
       relocated main studio on Crawfordsville Road is fully accessible to
       the public. It is located in an office suite at a location where there
       are other corporate offices. Moreover, according to ICTI's
       Supplemental LOI response, the Station's local telephone number was
       listed when the main studio was relocated to its current address.

    9. Although ICTI employed a full-time manager, he was not present at the
       transmitter site at the time of the August 2006 inspection and no
       other staff was present. Moreover, it appears that apart from a
       full-time manager, ICTI does not currently employ any full-time staff
       other than a manager. A station must maintain management and staff
       presence on a full-time basis during normal business hours to be
       considered "meaningful," and both management and staff presence is
       required. Under these circumstances, ICTI fails to provide the
       required meaningful management and staff presence at its main studio.
       We will require ICTI to report to the Commission the steps that it has
       taken to comply with staffing requirements at the main studio.

   10. ICTI failed to maintain an accessible main studio for Station WCTI(TV)
       on the date of the inspection. It appears that these circumstances
       commenced on September 14, 2004, soon after ICTI acquired the
       Station's license, and persisted until the Station's main studio was
       relocated in July 2007. ICTI also admits that it did not notify the
       Commission that the Station's main studio had been relocated, as
       required by the rule. As a result of these facts, we find that ICTI
       has apparently willfully and repeatedly violated Section 73.1125 of
       the Commission's rules.

   B. Proposed Forfeiture

   11. The Commission's Forfeiture Policy Statement and Section 1.80 of the
       Commission's rules set a base forfeiture amount of $7,000 for
       violation of the main studio requirements. In assessing the monetary
       forfeiture amount, we must also take into account the statutory
       factors set forth in Section 503(b)(2)(E) of the Act, which include
       the nature, circumstances, extent, and gravity of the violations, and
       with respect to the violator, the degree of culpability, history of
       prior offenses, ability to pay, and other such matters as justice may
       require. Based upon the facts and circumstances presented in this
       case, we conclude that an upward adjustment of the base forfeiture
       amount is warranted because the violations were egregious and
       persistent. For a period of almost three years, the main studio was
       inaccessible to the public and no local telephone number was listed.
       ICTI has also continuously for more than four years failed to maintain
       a meaningful staff presence at the station's main studio. We therefore
       propose a forfeiture in the amount of $9,000 for ICTI's willful and
       repeated violation of Section 73.1125.

   IV. ordering clauses

   12. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and
       Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules,
       Indianapolis Community Television, Inc. is hereby NOTIFIED of its
       APPARENT LIABILITY FOR FORFEITURE in the amount of $9,000 for
       willfully and repeatedly violating Section 73.1125 of the Commission's
       rules.

   13. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
       rules, that within thirty (30) days of the release of this NAL,
       Indianapolis Community Television, Inc. SHALL PAY the full amount of
       the proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   14. IT IS FURTHER ORDERED that within thirty days of the release of this
       NAL that Indianapolis Community Television Inc. SHALL FILE a written
       statement concerning the steps that it has taken to come into
       compliance with the staffing requirements for its main studio. Such
       statement must be submitted in the form of an affidavit or declaration
       in accordance with Section 1.16 of the Commission's rules, must be
       mailed to the Office of the Secretary, Federal Communications
       Commission, 445 12th Street, S.W., Washington, D.C. 20554, to the
       attention of: Hillary S. DeNigro, Chief, Investigations and Hearings
       Division, Enforcement Bureau, Room 4-C330, and must include the File
       number and NAL/Acct. No. referenced above.

   15. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, 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, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When 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). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.   Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. Indianapolis Community Television, Inc.
       shall also send electronic notification on the date said payment is
       made to: Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov,
       Rebecca.Hirselj@fcc.gov, and Melanie.Godschall@fcc.gov.  

   16. The response, if any, shall be mailed to Hillary S. DeNigro, Chief,
       Investigations and Hearings Division, Enforcement Bureau, Federal
       Communications Commission, 445 12th Street, S.W., Room 4-C330,
       Washington, D.C. 20554, and MUST INCLUDE the NAL/Acct. No. referenced
       above. If any response is filed, Indianapolis Community Television,
       Inc. shall also, to the extent practicable, transmit a copy of the
       response via email to Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov,
       Rebecca.Hirselj@fcc.gov, and Melanie.Godschall@fcc.gov.

   17. The Commission 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 practices ("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.

   18. IT IS FURTHER ORDERED that a copy of this NAL shall be sent, by
       Certified Mail - Return Receipt Requested, to Indianapolis Community
       Television, Inc., 3901 Highway 121 South, Bedford, Texas 76021 and to
       its counsel, Robert L. Olender, Esquire, Koerner & Olender, P.C.,
       11913 Grey Hollow Court, North Bethesda, Maryland 20852-5706.

   FEDERAL COMMUNICATIONS COMMISSION

   Hillary S. DeNigro

   Chief, Investigations and Hearings Division

   Enforcement Bureau

   See 47 C.F.R. S: 73.1125.

   See Letter from Hillary S. DeNigro, Chief, Investigations and Hearings
   Division, Enforcement Bureau to Indianapolis Community Television, Inc.,
   dated April 13, 2007 ("LOI").

   See Letter from Robert L. Olender, Esquire, Koerner & Olender, P.C.,
   Counsel for Indianapolis Community Television, Inc., dated June 18, 2007
   ("Response").

   See id.  at 1.

   See id.

   See id.

   See id.

   See id. at 2-3.

   See id. at 1.

   See id.

   See LOI at 6.

   See Letter from Rebecca A. Hirselj, Assistant Chief, Investigations and
   Hearings Division to Robert L. Olender, Esquire, Koerner & Olender, P.C,
   Counsel for Indianapolis Community Television, Inc., dated February 25,
   2009 ("Supplemental LOI"). We note that ICTI's failure to timely
   supplement its LOI response concerning its July 27, 2007 relocation of the
   Station's main studio itself might constitute a failure to follow the
   Bureau's direction and therefore could itself result in sanctions. In the
   future such conduct could result in a forfeiture.

   See Letter from Marcus D. Lamb, President, Indianapolis Community
   Television, Inc. to Marlene H. Dortch, Secretary, Federal Communications
   Commission, dated March 6, 2009 ("Supplemental Response").

   See Supplemental Response  at 2-3.

   See id.

   See 47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 312(f)(1).

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

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

   See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of
   Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10
   (2001) ("Callais Cablevision") (issuing a Notice of Apparent Liability
   for, inter alia, a cable television operator's repeated signal leakage).

   See Southern California Broadcasting Co., 6 FCC Rcd at 4388 P: 5; Callais
   Cablevision, Inc., 16 FCC Rcd at 1362 P: 9.

   See 47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
   7591 P: 4 (2002) (forfeiture paid).

   See Review of the Commission's Rules Regarding the Main Studio and Local
   Public Inspection Files of Broadcast Television and Radio Stations, Report
   and Order, 13 FCC Rcd 15691 (1998), recons. granted in part, 14 FCC Rcd
   11113 (1999).

   Main Studio and Program Origination Rules,  Report and Order,  2 FCC Rcd
   3215, 3218 (1987), clarified, 3 FCC Rcd 5024, 5026 (1988).

   Main Studio and Program Origination Rules,  2 FCC Rcd at 3217-18.

   See Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991)
   ("Jones Eastern"), clarified, 7 FCC Rcd 6800 (1992).

   Jones Eastern, 7 FCC Rcd at 6802.

   See 47 C.F.R. S: 1125(e); B&C Kentucky, LLC, Memorandum Opinion and Order
   and Notice of Apparent Liability for Forfeiture, 16 FCC Rcd 9305, 9307 P:
   7 (Mass Med. Bur., Video Services Div. 2001) (citing Main Studio and
   Program Origination Rules,  2 FCC Rcd 3215, 3217-18 (1987), clarified 3
   FCC Rcd 5024, 5026 (1988)) (broadcast station must, among other things,
   have a listed local or free long distance telephone number in order to
   comply with the main studio requirements).

   See 47 C.F.R. S: 73.1125(d)(1).

   See Response at 3.

   See Supplemental Response  at Attachment A.

   See Supplemental Response  at 3 and Attachment C.

   See Response  at 2-3; Supplemental Response  at 2-3.

   See Jones Eastern, 7 FCC Rcd 6800 (clarifying that compliance with the
   "meaningful management and staff presence" component of the main studio
   rule is fulfilled by employing one full-time office worker and a full-time
   manager who reports to the main studio, using it as a home base and
   spending substantial amount of time there). See also, First Baptist
   Church, Inc.(Station WAKJ(FM)), Forfeiture Order, 23 FCC Rcd 919, 921 P:P:
   9-11 (Enf. Bur, South Central Region 2008) (non-commercial FM station not
   in compliance with main studio rule because it did not maintain full-time
   manager and staff personnel at the main studio).

   See id.

   See Supplemental LOI Response at 2. See also, 47 U.S.C. S: 73.1125(d)(1).

   See 47 C.F.R. S: 1.80; The Commission's Forfeiture Policy Statement and
   Amendment of Section 1.80 of the Commission's Rules, 12 FCC Rcd 17087,
   17114 (1997), recons. denied 15 FCC Rcd 303 (1999).

   47 U.S.C. S: 503(b)(2)(E).

   See, e.g., B&C Kentucky, LLC, 16 FCC Rcd at 9311-12 P:P: 19, 21(upward
   adjustment of $1,500 proposed for licensee's failure to maintain a main
   studio as required by Section 73.1125 where, for more than one year, the
   main studio was located at inaccessible structure housing the station's
   transmitter without a meaningful staff presence).

   See 47 U.S.C. S: 503(b).

   See 47 C.F.R. S:S: 0.111, 0.311 and 1.80(f)(4).

   See 47 C.F.R. S: 73.1125.

   See 47 C.F.R. S: 1.16.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 09-830

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   Federal Communications Commission DA 09-830