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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Pittman Broadcasting Services, LLC Licensee of Station
   WUUU-FM and Owner of Antenna Structure Number 1064240, Franklinton,
   Louisiana ) ) ) ) ) ) ) ) File No.: EB-FIELDSCR-12-00002372 NAL/Acct. No.:
   201332620003 FRN: 0004330825 Facility ID No.: 22992




             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: May 30, 2013 Released: May 30, 2013

   By the Deputy Regional Director, South Central Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Pittman Broadcasting Services, LLC (Pittman), licensee of
       Station WUUU-FM (Station) and owner of antenna structure number
       1064240 (the Antenna Structure), in Franklinton, Louisiana, apparently
       willfully and repeatedly violated Section 303(q) of the Communications
       Act of 1934, as amended (Act),^ and Sections 11.35(a) and (b), 17.50,
       and 17.51(a)  of the Commission's rules (Rules),^ by failing to (1)
       maintain a functioning Emergency Alert System (EAS) equipment and
       logs; (2) clean or repaint the Antenna Structure as often as necessary
       to maintain good visibility; and (3) exhibit required antenna
       structure lighting. We conclude that Pittman is apparently liable for
       a forfeiture in the amount of twenty-two  thousand, five hundred
       dollars ($22,500). In addition, we direct Pittman to submit, no later
       than thirty (30) calendar days from the release date of this NAL, a
       statement signed under penalty of perjury stating that the Station's
       EAS equipment is operational, and that the Station has taken measures
       to come into compliance with the Commission's antenna structure
       painting and lighting rules.

   II. BACKGROUND

    2. On June 1, 2012, in response to a complaint that the Station's EAS
       equipment was not operational, agents from the Enforcement Bureau's
       New Orleans Office (New Orleans Office), accompanied by the Station's
       operations manager, conducted an inspection of the main studio for the
       Station. The agents observed that the operations manager could not run
       a test of the EAS equipment, because the equipment would not power on.
       The operations manager stated that a lightning strike about two weeks
       prior must have damaged the EAS unit, but there was no record of the
       damage in the Station's logs. In addition, the Station had no records
       of any monthly EAS tests being received or retransmitted since October
       27, 2011, and of any weekly tests being transmitted after May 12,
       2012.

    3. The Antenna Structure is 68.2 meters in overall height above ground
       and is required to be painted and lighted.^ During the inspection on
       June 1, 2012, the agents observed that the paint on the structure was
       severely faded and chipped throughout the structure. The paint on the
       Antenna Structure had deteriorated to such a degree that the agent was
       unable to discern alternating bands of color on the structure from any
       distance. The agents inquired about the status of the Antenna
       Structure's lights and the Station's light monitoring practices. The
       operations manager stated that the Antenna Structure's lights were
       working and that he or the Station's owner visually observed the
       structure's lights in the evening, because the remote monitoring
       system had been damaged in a lightning strike.

    4. On June 4 and 5, 2012, an agent from the New Orleans Office observed
       that the top beacon of the Antenna Structure was not lit at or after
       sunset.^ On June 14, 2012, Pittman's owner spoke to an agent on the
       telephone and admitted that the top beacon of the Antenna Structure
       had been out since September 2011. Pittman's owner stated that he
       notified the FAA of the outage in September 2011, but had not done so
       since.

   III. DISCUSSION

    5. Section 503(b) of the 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.^ 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 has so 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.^ The term "repeated" means
       the commission or omission of such act more than once or for more than
       one day.^

   A. Failure to Maintain Operational EAS Equipment and Logs

    6. Every broadcast station is part of the nationwide EAS network and is
       categorized as a participating national EAS source.^ The EAS enables
       the President and state and local governments to provide immediate
       communications and information to the general public.^ State and local
       area plans identify local primary sources responsible for coordinating
       carriage of common emergency messages from the sources such as the
       National Weather Service or local emergency management officials.^
       Required monthly and weekly tests originate from EAS Local or State
       Primary sources and must be retransmitted by the participating
       station. As the nation's emergency warning system, the EAS is critical
       to public safety, and we recognize the vital role that broadcasters
       play in ensuring its success. The Commission takes seriously any
       violations of the Rules implementing the EAS and expects full
       compliance from its licensees.

    7. Section 11.35(a) of the Rules requires all broadcast stations to
       ensure that EAS encoders, EAS decoders, and attention signal
       generating and receiving equipment are installed and operational so
       that the monitoring and transmitting functions are available during
       the times the station is in operation.^ Section 11.35(b) of the Rules
       states that, "[i]f the EAS Encoder or EAS Decoder becomes defective, .
       . . [e]ntries shall be made in the broadcast station log . . . showing
       the date and time the equipment was removed and restored to service."^
       Section 73.1820(a)(1)(iii) of the Rules requires licensees to create
       an entry for each test and activation of the EAS in the station log or
       in a special EAS log.^ On June 1, 2012, agents from the New Orleans
       Office observed, when the station was in operation, that the Station's
       EAS equipment was incapable of powering on. The Station had no
       evidence or logs that the Station's EAS equipment had received or
       retransmitted a monthly EAS test after October 27, 2011, or
       transmitted a weekly EAS test after May 12, 2012. Moreover, the
       Station's EAS logs contained no entries after October 27, 2011,
       regarding defective EAS equipment. Based on the evidence before us, we
       find that Pittman apparently willfully and repeatedly violated
       Sections 11.35(a) and (b) of the Rules by failing to maintain
       operational EAS equipment and complete EAS logs.

   B. Failure to Comply with Antenna Structure Painting and Lighting
   Requirements

    8. Section 303(q) of the Act states that antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission.^ Section 17.50 of the Rules states that "[a]ntenna
       structures requiring painting under this part shall be cleaned or
       repainted as often as necessary to maintain good visibility."^ Section
       17.51(a) of the Rules states that "[a]ll red obstruction lighting
       shall be exhibited from sunset until sunrise unless otherwise
       specified."^

    9. On June 1, 2012, agents from the New Orleans Office observed that the
       paint on the Antenna Structure was severely faded and did not provide
       good visibility. The condition of the paint had deteriorated such that
       the agents were unable to discern alternating bands of color on the
       structure from any distance. On June 4 and 5, 2012, an agent also
       observed that the top beacon on the Antenna Structure was extinguished
       at and after sunset. Pittman's owner admitted that the top beacon had
       been dark since September 2011. Based on the evidence before us, we
       find that Pittman apparently willfully and repeatedly violated Section
       303(q) of the Act and Sections 17.50 and 17.51(a) of the Rules by
       failing to (1) clean and repaint the Antenna Structure to maintain
       good visibility, and (2) exhibit required red obstruction lighting on
       the Antenna Structure.

    C. Proposed Forfeiture and Reporting Requirement

   10. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failing to maintain
       functioning EAS equipment is $8,000, and for failing to comply with
       antenna structure prescribed lighting and painting specifications 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, any history of prior offenses,
       ability to pay, and other such matters as justice may require.^ In
       doing so, we find that the facts and circumstances of this case
       justify an upward adjustment of the base forfeiture amount for the EAS
       violations. Today, we issued an enforcement action involving an EAS
       violation at Station KVOL-AM, which is another broadcast station owned
       by Pittman.^ Agents from the New Orleans Office observed that Station
       KVOL-AM did not have operational EAS equipment on April 27, 2012.
       Pittman was aware of the violation and admitted that Station KVOL-AM
       had been without operational EAS equipment for several months, yet
       failed to take immediate steps to ensure that Station WUUU-FM had an
       operational EAS.^ Accordingly, the current violation represents the
       second EAS violation found at a Pittman-owned station, warranting an
       upward adjustment in the amount of $4,000. Furthermore, Pittman's
       failure to maintain complete EAS logs warrants an additional upward
       adjustment in the amount of $500.^  Applying the Forfeiture Policy
       Statement, Section 1.80 of the Rules, and the statutory factors to the
       instant case, we conclude that Pittman is apparently liable for a
       total forfeiture in the amount of $22,500, consisting of the
       following: $12,500 for the EAS violations and $10,000 for the antenna
       structure lighting and painting violations.

   11. We direct Pittman to submit a written statement, pursuant to Section
       1.16 of the Rules,^ signed under penalty of perjury by an officer or
       director of Pittman, stating that the Station has complied with the
       Commission's EAS and antenna structure painting, lighting, and
       monitoring requirements.^ The statement should specify any steps taken
       to come into compliance, including the timeframe for the (1) repair or
       replacement of the Station's EAS equipment, (2) repair or replacement
       of the structure's top beacon, and (3) repainting of the structure.
       Pittman must also state that, until the lights are repaired or the
       structure is dismantled, an employee of Pittman will ensure that the
       FAA maintains an active NOTAM regarding the structure. This statement
       must be provided to the New Orleans Office at the address listed in
       paragraph 17, below, within thirty (30) calendar days of the release
       date of this NAL.

   IV. ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.204,
       0.311, 0.314, and 1.80 of the Commission's rules, Pittman Broadcasting
       Services, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of twenty-two thousand, five hundred dollars
       ($22,500) for violations of Section 303(q) of the Act and Sections
       11.35(a) and (b), 17.50, and 17.51(a) of the Rules.^

   13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture and Order ,
       Pittman Broadcasting Services, LLC 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 Pittman Broadcasting Services, LLC SHALL
       SUBMIT a written statement, as described in paragraph 11, above,
       within thirty (30) calendar days of the release date of this Notice of
       Apparent Liability for Forfeiture and Order. The statement must be
       mailed to Federal Communications Commission, Enforcement Bureau, South
       Central Region, New Orleans Office, Room 460, 2424 Edenborn Ave.,
       Metairie, Louisiana 70001. Pittman shall also e-mail the written
       statement to [1]SCR-Response@fcc.gov.

   15. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. Pittman Broadcasting Services, LLC shall
       also send electronic notification on the date said payment is made to
       [2]SCR-Response@fcc.gov.  Regardless of the form of payment, a
       completed FCC Form 159 (Remittance Advice) must be submitted.^ When
       completing the FCC Form 159, enter the Account Number in block number
       23A (call sign/other ID) and enter the letters "FORF" in block number
       24A (payment type code).   Below are additional instructions you
       should follow based on the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

   16. Any request for making full payment over time under an installment
       plan should be sent to:  Chief Financial Officer--Financial
       Operations, Federal Communications Commission, 445 12th Street, S.W.,
       Room 1-A625, Washington, D.C.  20554.^  If you have questions
       regarding payment procedures, please contact the Financial Operations
       Group Help Desk by phone, 1-877-480-3201, or by e-mail,
       ARINQUIRIES@fcc.gov.

   17. 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 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, New Orleans Office, Room 460, 2424 Edenborn Ave.,
       Metairie, Louisiana 70001, and include the NAL/Acct. No. referenced in
       the caption. Pittman Broadcasting Services, LLC also shall e-mail the
       written response to [3]SCR-Response@fcc.gov.

   18. 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 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.

   19. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by both Certified Mail, Return
       Receipt Requested, and First Class Mail to Pittman Broadcasting
       Services, LLC at 307 S. Jefferson Ave., Covington, Louisiana 70433.

   FEDERAL COMMUNICATIONS COMMISSION

   Loyd Perry

   Deputy Regional Director

   South Central Region

   Enforcement Bureau

   ^ 47 U.S.C. S 303(q).

   ^ 47 C.F.R. SS 11.35(a), 11.35(b), 17.50, 17.51(a).

   ^ See 47 C.F.R. S 17.21(a) (requiring antenna structures more than 60.96
   meters in height above the ground to be painted and lighted). See also
   Antenna Structure Registration database for antenna structure number
   1064240.

   ^ On June 4, 2012, an agent confirmed with the Federal Aviation
   Administration (FAA) that there was no current Notice to Airmen (NOTAM)
   listed for the Antenna Structure. The FAA issued a NOTAM on June 4, 2012,
   after being notified of the outage by the agent. See 47 C.F.R. S 17.48(a)
   (requiring owners to notify the FAA immediately of any known
   extinguishment of a top beacon not corrected within 30 minutes).

   ^ 47 U.S.C. S 503(b).

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

   ^ H.R. Rep. No. 97-765, 97^th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in Section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law. `Repeated' means more than once,
   or where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   Sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . .").

   ^ See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991), recons. denied, 7 FCC Rcd 3454 (1992).

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

   ^ 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." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

   ^ 47 C.F.R. SS 11.11, 11.41.

   ^ 47 C.F.R. SS 11.1, 11.21.

   ^ 47 C.F.R. S 11.18. State EAS plans contain guidelines that must be
   followed by broadcast and cable personnel, emergency officials and
   National Weather Service personnel to activate the EAS for state and local
   emergency alerts. The state plans include the EAS header codes and
   messages to be transmitted by the primary state, local, and relay EAS
   sources. 47 C.F.R. S 11.21.

   ^ 47 C.F.R. S 11.35(a).

   ^ 47 C.F.R. S 11.35(b).

   ^ 47 C.F.R. S 73.1820(a)(1)(iii).

   ^ 47 U.S.C. S 303(q).

   ^ 47 C.F.R. S 17.50.

   ^ 47 C.F.R. S 17.51(a).

   ^ 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), recons.
   denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.

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

   ^ Pittman Broadcasting Services, LLC, File No. EB-FIELDSCR-12-00002104,
   Notice of Apparent Liability for Forfeiture and Order, DA 13-1244 (Enf.
   Bur. May 30, 2013).

   ^ Id. at 1-2, PP 3-4.

   ^ See Iglesia Cristiana Ebenezer of Greenville, Texas, Notice of Apparent
   Liability for Forfeiture and Order, DA 13-1004, 2013 WL 1881507 (Enf. Bur.
   May 6, 2013) (imposing $1,000 upward adjustment for failure to maintain
   EAS logs).

   ^ 47 C.F.R. S 1.16.

   ^ See 47 C.F.R. S 17.47 (requiring antenna structure owners to observe
   visually antenna structure lights once every 24 hours to ensure proper
   functioning). Pittman's operations manager stated on June 1, 2012, that
   the structure's lights were functioning. However, Pittman's owner stated
   on June 14, 2012, that the top beacon had been dark since September 2011.
   Pittman's operations manager stated that he and Pittman's owner were
   responsible for monitoring the Antenna Structure's lights. Given the
   discrepancy regarding the lighting's status, we are concerned that Pittman
   may not be complying with the antenna structure monitoring requirements.

   ^ 47 U.S.C. SS 303(q), 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314,
   1.80, 11.35(a), 11.35(b), 17.50, 17.51(a).

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   ^ See 47 C.F.R. S 1.1914.

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   Federal Communications Commission DA 13-1245

                                       3

   Federal Communications Commission DA 13-1245

References

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   2. mailto:SCR-Response@fcc.gov
   3. mailto:SCR-Response@fcc.gov