FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 4,155

                                
knowingly failed to respond to any Commission inquiry it received."30 South Seas notes that, if the
Commission sent correspondence to the Station's address in American Samoa, the letters "were probably
lost in the vastness of the Pacific Ocean" and cites the fact that mail service to and from Pago Pago is
"incredibly unreliable." South Seas states that it "cannot be held liable for the U.S. Postal Service's
failure to deliver the mail." We find that South Seas cannot excuse its failure to timely respond to
Commission inquiries on these grounds. Staff sent each inquiry to an address within the continental
United States which South Seas itself had listed as its mailing address and the mailing address for its
contact representatives.31
I1.   History of Compliance and Public Service. South Seas argues that it has a long history of
compliance with the Commission's rules and a record of public service.32 South Seas asserts that its
stations "operate 'on a shoestring' in a remote U.S. territory with a precariously fragile economy" and
argues that "imposing a Forfeiture on South Seas would necessitate a reduction in the amount of public
service and a reduction in the news staff." We find these arguments moot given the Bureau's cancellation
of the Station's license last year.
12.    Financial Hardship. South Seas argues that imposition of the forfeiture would be a
financial burden."33 The Commission will not consider reducing or canceling a forfeiture in response to a
claim of inability to pay unless the licensee of the station at issue submits: (1) federal tax returns for the
most recent three-year period; (2) financial statements prepared according to generally accepted
accounting practices; or (3) some other reliable and objective documentation that accurately reflects the
licensee's current financial status.34 South Seas did not submit any information regarding its finances.
Accordingly, in the absence of sufficient information to support a decision to the contrary, we decline to
reduce the proposed forfeitures on the basis of financial hardship.
13.    Inconsistent Enforcement of Rules. South Seas asserts that the Commission's
enforcement of its rules is inconsistent. Specifically, South Seas argues that the station operated by
District Council - KJAL(AM), Tafuna, American Samoa- is "a hotbed of rule violations.""3 South Seas
contends that "the Commission has never done anything about District Council's numerous violations,
nor any of the other stations in American Samoa that flagrantly violate Commission Rules.""6 South Seas,
however, has provided no specific evidence to support its allegations regarding District Council. Indeed,
South Seas has not even specified which rules it believes District Council has violated in its operation of
30o Id. (emphasis in original).
31 In the NAL, we found that South Seas had failed to timely respond to two letters from the Commission. NAL, 23
FCC Red at 6479   16. The first was dated February 4, 2004, and was mailed to P.O. Box 1787, Cleveland,
Mississippi 38732. We note that South Seas listed this as its mailing address and the mailing address for its contact
representative in an application for the Station filed in January 2004. See Application File No. BMJP -
20040128ANG. The Commission sent a follow up letter to South Seas on February 25, 2004. This letter was
addressed to South Seas at 9408 Grand Gate Street, Las Vegas, Nevada 89143. The Commission sent a second
inquiry to South Seas on November 25, 2004. It was sent to the same Las Vegas address. We note that South Seas
itself listed this Las Vegas address as its mailing address and the mailing address for its contact representative on the
Renewal Application and on its requests for special temporary authority referenced in its Response. See, e.g.,
Application File No. BLESTA - 20061127ADL.
32 Response at 6-7.
33 Response at 8.
4 See NAL, 23 FCC Rcd at 6481,   24.
Response at 8.
36 Id

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Federal Communications Commission

DA 12-623