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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Media East, LLC ) File Number: EB-10-NF-0021
Licensee of Station WLGT (AM) ) NAL/Acct. No.: 201132640001
Washington, North Carolina ) FRN: 7636145
Facility ID # 48399 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted: February 8, 2011 Released: February 10, 2011
By the Resident Agent, Norfolk Office, South Central Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Media East, LLC, ("Media East"), licensee of Station WLGT(AM), in
Washington, North Carolina, apparently willfully and repeatedly
violated section 73.3526 of the Commission's Rules ("Rules") by
failing to maintain and make available a public inspection file. We
conclude that Media East is apparently liable for a forfeiture in the
amount of twelve thousand dollars ($12,000). We further order Media
East to submit a sworn statement certifying that it is currently in
compliance with section 73.3526 of the Rules.
II. BACKGROUND
2. On March 9, 2010, an agent of the Enforcement Bureau's Norfolk Office
("Norfolk Office") inspected the main studio for Station WLGT in New
Bern, North Carolina. In response to the agent's request for
inspection of the station's public inspection file during regular
business hours, Media East was unable to produce any public inspection
file documents dated after 2006. Station WGTL's station manager stated
that the current public inspection file documents were kept at Media
East's headquarters in Statesville, North Carolina.
III. DISCUSSION
3. Section 503(b) of the Communications Act of 1934, as amended ("Act"),
provides that any person who willfully or repeatedly fails to comply
substantially with the terms and conditions of any license, or
willfully or repeatedly fails to comply with any of the provisions of
the Act or of any rule, regulation or order issued by the Commission
thereunder, shall be liable for a forfeiture penalty. The term
"willful" as used in section 503(b) of the Act has been interpreted to
mean simply that the acts or omissions are committed knowingly. The
term "repeated" means the commission or omission of such act more than
once or for more than one day.
4. Section 73.3526 of the Rules states that "[e]very permittee or
licensee of an AM, FM, TV or a Class A station in the commercial
broadcast services shall maintain a public inspection file containing
the material" set forth in this section. For example, commercial AM
and FM broadcast stations must include every three months a list of
programs that have provided the station's most significant treatment
of community issues during the preceding three-month period. The
public inspection file must be maintained at the station's main
studio, and must be available for public inspection at any time during
regular business hours.
5. An agent from the Norfolk Office requested to inspect Media East's
public inspection file during regular business hours on March 9, 2010
at the station's main studio. As discussed above, the only public
inspection file documents available during the inspection were dated
more than three years before the inspection. The station manager
stated that Media East's complete public inspection file for Station
WLGT is maintained at Media East's headquarters in Statesville, North
Carolina. Based on the evidence before us, we find that Media East
apparently willfully and repeatedly violated section 73.3526 of the
Rules by failing to maintain a complete public inspection file at the
Station WLGT main studio. We also find that Media East apparently
willfully violated section 73.3526 of the Rules by failing to make
available a complete public inspection file at the time of inspection.
6. Pursuant to section 1.80 of the Rules, and the Commission's
Forfeiture Policy Statement, the base forfeiture amount for violation
of public file rules is $10,000. 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, and history of prior
offenses, ability to pay, and other such matters as justice may
require. Because the documents in the station's public inspection file
were more than three years old and, therefore, the public inspection
file at the Station WLGT main studio was apparently incomplete for
over three years, we find that a $2,000 upward adjustment is
warranted. Applying the Forfeiture Policy Statement, section 1.80 of
the Rules, and the statutory factors to the instant case, we conclude
that Media East is apparently liable for $12,000 forfeiture.
7. We direct Media East to submit a statement signed under penalty of
perjury by an officer or director of Media East stating that a
complete public inspection file is available at Station WLGT's main
studio. This statement must be provided to the Norfolk Office at the
address listed in paragraph 12 within thirty days of the release date
of this Notice of Apparent Liability for Forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and sections 0.111, 0.311,
0.314 and 1.80 of the Commission's Rules, Media East, LLC is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
twelve thousand dollars ($12,000) for violations of sections 73.3526
of the Rules.
9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Media East LLC, SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
10. IT IS FURTHER ORDERED that Media East, LLC SHALL SUBMIT a sworn
statement as described in paragraph 7 to the Norfolk Office within
thirty days of the release date of this Notice of Apparent Liability
for Forfeiture and Order.
11. Payment of the forfeiture shall be made in the manner provided for in
section 1.80 of the Rules within 30 days of the release of this Order.
If the forfeiture is not paid within the period specified, the case
may be referred to the Department of Justice for collection pursuant
to section 504(a) of the Act. 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. Payments 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. FCC Form 159 may be obtained
at http://www.fcc.gov/Forms/Form159/159.pdf. 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. Media East shall also send electronic
notification to SCR-Response@fcc.gov on the date said payment is made.
12. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
sections 1.80(f)(3) and 1.16 of the Rules. The written statement must
be mailed to Federal Communications Commission, Enforcement Bureau,
South Central Region, Norfolk Office 1457 Mount Pleasant Rd, Suite
113, Chesapeake, Virginia 23322 and must include the NAL/Acct. No.
referenced in the caption.
13. 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.
IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for
Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and
regular mail, to Media East, LLC, at 702 Hartness Rd., Statesville, NC
28677.
FEDERAL COMMUNICATIONS COMMISSION
Luther Bolden
Resident Agent
Norfolk Resident Agent Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 73.3526.
Id.
47 U.S.C. S: 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
violations for which forfeitures are assessed under section 503(b) of the
Act, provides that "[t]he term 'willful', when used with reference to the
commission or omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any intent to violate
any provision of this Act or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991) recon. denied, 7 FCC
Rcd 3454 (1992).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under section 503(b) 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."
47 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S:73.3526(e)(12).
47 C.F.R. S: 73.3526(b).
47 C.F.R. S: 73.3526(c).
47 C.F.R. S:1.80; The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines, Report and Order, 12 FCC Rcd 17087 (1997) ("Forfeiture Policy
Statement"), recon. denied, 15 FCC Rcd 303 (1999).
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.3526.
47 U.S.C. S: 504(a).
(...continued from previous page)
(continued....)
Federal Communications Commission DA 11-231
2
Federal Communications Commission DA 11-231