FCC Record, Volume 28, No. 11, Pages 8831 to 9715, June 17 - July 5, 2013 Page: 9,109
viii, 8831-9715 p. ; 28 cm.View a full description of this book.
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the Station, as it was not aware at the time that a license renewal form needed to be filed. No response to
the NAL was filed.
III. DISCUSSION
3. The forfeiture amount proposed in this case was assessed in accordance with Section
503(b) of the Act,6 Section 1.80 of the Rules,7 and the Commission's Forfeiture Policy Statement. In
assessing forfeitures, Section 503(b)(2)(E) of the Act requires that we take into account the nature,
circumstances, extent and gravity of the violation and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.9
4. We conclude that Licensee willfully'o violated Section 73.3539 of the Rules and willfully
and repeatedly" violated Section 301 of the Act12 and that no circumstances warrant reduction or
cancellation of the proposed forfeiture.
IV. ORDERING CLAUSES
5. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of
1934, as amended, and Sections 0.283 and 1.80 of the Commission's Rules,'3 that Salmon River
Communications, Inc., SHALL FORFEIT to the United States the sum of thirteen thousand dollars
($13,000) for willfully violating Section 73.3539 of the Commission's Rules and willfully and repeatedly
violating Section 301 of the Communications Act of 1934, as amended.
6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
Commission's Rules within 30 days of the release of this Forfeiture Order. If the forfeiture is not paid
within the period specified, the case may be referred to the Department of Justice for collection pursuant
to Section 504(a) of the Act.'4 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 in the caption above. Payment by check or money order may be
mailed to Federal Communications Commission, at P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank--Government Lockbox #979088, SL-MO-C2-GL,
6 47 U.S.C. 503(b).
7 47 C.F.R. 1.80.
s The Commission 's Forfeiture Policy Statement andAmendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
9 47 U.S.C. 503(b)(2)(E).
10 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. 47 U.S.C. 312(f)(1). The legislative history of Section 312(f)(1)
of the Act clarifies that this definition of willful applies to Sections 312 and 503(b) of the Act, H.R. REP. No. 97-
765, 51 (Conf. Rep.), and the Commission has so interpreted the terms in the Section 503(b) context. Southern
California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4387-88 (1991) ("Southern
California").
1 Section 312(f)(2) of the Act defines "repeated" as "the commission or omission of [any] act more than once or, if
such commission or omission is continuous, for more than one day." 47 U.S.C. 312(f)(2). See also Southern
California, 6 FCC Rcd at 4388 (applying this definition of repeated to Sections 312 and 503(b) of the Act).
12 47 C.F.R 73.3539; 47 U.S.C. 301.
1 47 U.S.C. 503(b); 47 C.F.R. 0.283, 1.80.
4 47 U.S.C. 504(a).9109
Federal Communications Commission
DA 13-1452
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 11, Pages 8831 to 9715, June 17 - July 5, 2013, book, July 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc236190/m1/292/: accessed April 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.