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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Tuff-Star-Jam Communication, Inc. ) File Number: EB-06-TP-326
Licensee of WWSD (AM) ) NAL/Acct. No.: 200832700008
Quincy, Florida ) FRN: 0008425464
Facility ID # 68319 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 15, 2008
By the District Director, Tampa Office, South Central Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Tuff-Star-Jam Communication, Inc. ("Tuff-Star-Jam"), licensee of
station WWSD (AM), in Quincy, Florida, apparently willfully and
repeatedly violated Section 73.3526 of the Commission's Rules
("Rules") by failing to maintain and make available a complete
inspection file. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Tuff-Star-Jam is
apparently liable for a forfeiture in the amount of four thousand
dollars ($4,000).
II. BACKGROUND
2. On May 17, 2007, agents from the Commission's Tampa Office of the
Enforcement Bureau ("Tampa Office") requested to inspect station WWSD
(AM)'s public inspection file during normal business hours. The
station manager produced the station's public inspection file, but the
file was not complete. The manager was unable to produce any
issues/programs lists. The station manager admitted that she did not
know the station was required to compile and maintain issues programs
lists. In lieu of issues/programs lists, the station manager produced
several documents describing local announcements that had been aired.
However, these documents were not located in the public inspection
file and did not briefly describe the announcements, and did not
specify the dates or times when the announcements were aired or the
duration of the announcements.
3. On November 19, 2007, in response to a letter of inquiry ("LOI"),
Tuff-Star-Jam stated that the station manager had addressed the public
inspection file concerns identified during the inspection and attached
a copy of an issues/programs list compiled after the inspection.
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) of the Act has
been interpreted to mean simply that the acts or omissions are
committed knowingly.
5. Section 73.3526(a)(2) of the Rules requires broadcast stations to
maintain for public inspection, a file containing materials listed in
that section. Section 73.3526(c)(1) of the Rules states that the file
shall be available for public inspection at any time during regular
business hours. Section 73.3526(e)(12) of the Rules requires a list of
programs that have provided the station's most significant treatment
of community issues during the preceding three month period
("issues/programs list") to be placed in the public inspection file.
The list shall include a brief narrative describing what issues were
given significant treatment and the programming that provided this
treatment. The description of the programs shall include, but shall
not be limited to, the time, date, duration, and title of each program
in which the issue was treated. On May 17, 2007, in response to a
request to inspect the station's public inspection file during normal
business hours, station WWSD was unable to produce any issues/programs
lists, and there was no evidence that the station had ever compiled or
maintained such lists in the public inspection file. The station
manager admitted that she was unaware of the requirement to compile
and maintain issues/programs lists. Based on the evidence before us,
we find that Tuff-Star-Jam apparently willfully violated Section
73.3526 of the Rules by failing to make available a complete public
inspection file, and apparently willfully and repeatedly violated
Section 73.3526 of the Rules by failing to maintain a complete public
inspection file.
6. 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 public inspection
file rules is $10,000. Because WWSD (AM)'s public inspection file
contained a portion of the required items a downward adjustment of the
base amount to $4,000 is warranted. 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 Tuff-Star-Jam is apparently liable for a $4,000 forfeiture.
IV. ORDERING CLAUSES
7. 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, Tuff-Star-Jam Communication, Inc. is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount
of four thousand dollars ($4,000) for violation of Section 73.3526 of the
Rules.
8. 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, Tuff-Star-Jam Communication, Inc.,
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
forfeiture.
9 . 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.
10. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Office, 2203
N. Lois Avenue, Suite 1215, Tampa, Florida 33607 and must include the
NAL/Acct. No. referenced in the caption.
11. 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.
12. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445 12th Street, S.W.,
Room 1A625, Washington, D.C. 20554.
13. 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 Tuff-Star-Jam Communication, Inc. at its address of
record.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director,
Tampa Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 73.3526.
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., 6
FCC Rcd 4387 (1991).
47 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S: 73.3526(c)(1).
47 C.F.R. S: 73.3526(e)(12).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S:1.80.
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.
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
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Federal Communications Commission