NAL
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 5, 2009
By the Acting District Director, Columbia Field Office, Northeast Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that R-S Broadcasting Company, Inc. ("R-S Broadcasting"), licensee of
station WCWV, in Summersville, West Virginia, apparently willfully and
repeatedly violated Section 73.3526(e)(12) of the Commission's Rules
("Rules") by failing to maintain radio issues/programs lists in the
station's public inspection file. We conclude, pursuant to Section
503(b) of the Communications Act of 1934, as amended ("Act"), that R-S
Broadcasting is apparently liable for a forfeiture in the amount of
ten thousand dollars ($10,000).
II. BACKGROUND
2. On July 22, 2008, the Columbia Field Office received information
regarding possible violations at station WCWV. In response, agents
from the Columbia Field Office scheduled an inspection of station WCWV
for August 15, 2008.
3. On August 15, 2008, agents conducted an inspection at WCWV's main
studio in Summersville, WV with the station's owner. While at the main
studio, the agents reviewed the contents of the public inspection file
and found that the public inspection file was missing some components.
Specifically, the last date for the radio issues/programs lists was in
2002. R-S Broadcasting is required to maintain in the public
inspection file all quarterly radio issues/programs lists since the
grant of the latest WCWV renewal application. WCWV's most recent
license renewal was granted on September 25, 2003. In its renewal
application, R-S Broadcasting certified in response to Section III,
Question 3, that the public inspection file for WCWV had the proper
documentation as required by 73.3526.
III. DISCUSSION
4. 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. The term "willful" as used in Section 503(b) 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.
5. Section 73.3526(e)(12) of the Rules requires AM and FM broadcast
licensees to place in their public inspection file, for each quarter,
a list of programs that have provided the station's most significant
treatment of community issues during the preceding three month period.
This list is known as the radio issues/programs list. R-S Broadcasting
is required to maintain in WCWV's public inspection file all quarterly
radio issues/programs lists since the grant date of the latest WCWV
renewal application, which occurred on September 25, 2003. During an
inspection on August 15, 2008, agents found that R-S Broadcasting had
not placed in its public inspection file any issues/programs lists
during the current license term. R-S Broadcasting was aware of the
requirement to have a complete public inspection file, given its 2003
certification in the WCWV renewal application that it was in full
compliance with the public inspection file rules. We therefore
conclude that the violation was willful. Because the violation
occurred on more than one day, the violation was repeated.
6. Based on the evidence before us, we find that R-S Broadcasting
apparently willfully and repeatedly violated Section 73.3526(e)(12) of
the Rules by failing to maintain radio issues/programs lists in the
station's public inspection file.
7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for violation of the public file rule 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.
Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
and the statutory factors to the instant case, we conclude that R-S
Broadcasting is apparently liable for a ten thousand dollar ($10,000)
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, R-S Broadcasting Company,
Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
the amount of ten thousand dollars ($10,000) for violations of Section
73.3526(e)(12) 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, R-S Broadcasting Company,
Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
proposed forfeiture.
...and then they threw this at 'em...
NOTICE OF VIOLATION
Released: June 5, 2009
By the Acting District Director, Columbia Field Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to R-S Broadcasting Company, Inc.
licensee of radio station WCWV and owner of antenna structure #
1047394 in Summersville, WV.
2. On August 15, 2008, agents of the Commission's Columbia Field Office
inspected radio station WCWV located at 713 Main Street, Summersville,
WV and observed the following violations:
a. 47 C.F.R. S: 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure. Materials used to display the
Antenna Structure Registration Number must be weather-resistant and
of sufficient size to be easily seen at the base of the antenna
structure." At the time of inspection, no Antenna Structure
Registration Number was readily visible near the base of the tower.
b. 47 C.F.R. S: 73.1870(b) (3): "The designation of the chief operator
must be in writing with a copy of the designation posted with the
station license." At the time of the inspection, there was no
designation of the chief operator posted with the station license.
c. 47 C.F.R. S: 73.1870(c) (3): Review of the station records at least
once each week to determine if required entries are being made
correctly. Upon completion of the review, the chief operator or his
designee must date and sign the log....." At the time of the
inspection, a review of the station logs from July 1, 2008 through
August 11, 2008 revealed that the files had not been signed and dated
by the chief operator or his designee.
