FCC Record, Volume 27, No. 13, Pages 10800 to 11770, September 4 - September 28, 2012 Page: 10,860
x, 10800-11770 p. ; 28 cm.View a full description of this book.
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Authority to continue station operations pending consideration of the license renewal application. It also
filed a Petition for Reconsideration of the License Expiration Letter and the captioned license renewal
application for the Station on November 16, 2010.7 In both the renewal application and the STA Request,
the Licensee stated that its failure to file a timely renewal application for the Station was inadvertent.
Ill. DISCUSSION
3. Proposed Forfeiture. In this case, the Licensee has failed to file a timely license renewal
application for Station KRZE(AM), as required by Section 73.3539(a) of the Rules. Moreover, it
continued operating the Station for more than five years after the license had expired on October 1, 2005,
before filing the appropriate renewal application and seeking STA to so operate, in violation of Section
301 of the Act. Licensees are obligated to comply fully with the Rules, including filing a timely renewal
application and maintaining in effect the station's authorization." Here, the Licensee did not do so.
4. This NAL is issued pursuant to Section 503(b)(l)(B) of the Act. Under that provision, a
person who is found to have willfully or repeatedly failed to comply with any provision of the Act or any
rule, regulation, or order issued by the Commission shall be liable to the United States 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.'o The legislative history to Section
312(0f)(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.12 Section 312(f)(2)
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."'3
5. The Commission's Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules
establish a base forfeiture amount of $3,000 for the failure to file a required form.'4 The guidelines also
specify a base forfeiture amount of $10,000 for construction and/or operation without an instrument of
authorization for the service.'5 In determining the appropriate forfeiture amount, we may adjust the base
amount upward or downward by considering the factors enumerated in Section 503(b)(2)(D) of the Act,
including "the nature, circumstances, extent and gravity of the violation, and, with respect to the violator,
6 See File No. BLSTIA-20101105All ("STA Request"). The staff granted the STA Request on November 17, 2010,
and it was to expire on May 17, 2011. Letter to Mr. Peter Gutmann. FEsq.. Ref. 1800B3 (MB Nov. 17, 2010).
Ilowever, on May 12, 2011, Licensee filed a timely request for extension of the STA, which remains pending. See
File No. BELSTA-20110512ABG.
7 See File No. BR-20101116AKK.
' See. e.g.. Hemmingfbrd Media. hIc.. Forfeiture Order. 14 FCC Red 2940. 2941-2 (CIB 1999) (responsibility for
complying with terms of station license "rests solely and exclusively with the licensee") (citing Empire
Broadcasting Corp., Memorandum Opinion and Order, 25 FCC 2d 68 (1970)).
9 47 U.S.C. 503(b)(1)(B). See also 47 C.F.R. 1.80(a)(1).
o 47 U.S.C. 312(f)(1).
li See H.R. Rep. No. 97-765, 97h Cong. 2d Sess. 51 (1982).
SSee Southern California Broadcasting Co.. Memorandum Opinion and Order. 6 FCC Red 4387. 4388 (1991),
recon. denied. 7 FCC Red 3454 (1992).
'* 47 U.S.C. 312(f)(2).
* See Forfeiture Policv Statement and Amendment ofSection 1.80(b) ofthe Rules to incorporate the Forfeiture
Guidelizes. Report and Order, 12 FCC Red 17087. 17113-15 (1997) ("Forfeiture Policy Statement"), recon. denied,
15 FCC Red 303 (1999); 47 C.F.R. 1.80(b)(4), note to paragraph (b)(4), Section 1.
" A broadcast station requires an authorization from the Commission to operate. See 47 U.S.C. 301.10860
Federal Communications Commission
DA 12-1438
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 13, Pages 10800 to 11770, September 4 - September 28, 2012, book, September 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc154715/m1/77/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.