FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 2,313
xi, 1878-2785 p. ; 28 cm.View a full description of this book.
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6. This NAL is issued pursuant to Section 503(b)(1)(B) of the Act. Under that provision, any
person who is determined by the Commission 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.9 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.'0 The
legislative history to Section 312(f)(I) 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." 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
7. The Commission's Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules
establish a base forfeiture amount of $3,000 for failure to file a required form and a base forfeiture
amount of $10,000 for public file violations.'4 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, the degree of culpability, any history of prior offenses, ability to pay, and
such other matters as justice may require."'"
8. In this case, the Licensee has acknowledged that it failed to file with the Commission and
place in the public inspection file Children's Television Programming Reports for the second, third and
fourth quarters in 2007, and for all four quarters in 2008, 2009 and 2010. Based on the record before us,
we believe that forfeiture in the amount of $13.000 is appropriate for the Licensee's apparent willful and
repeated violations of Section 73.3526(e)( 1 )(iii).
IV. ORDERING CLAUSES
9.; Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act
of 1934, as amended, and Section 1.80 of the Commission's Rules, that Belo TV, Inc. is hereby
NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of thirteen thousand
dollars ($13,000) for its apparent willful and repeated violations of Section 73.3526 of the Commission's
Rules.
10. IT IS FURTHER ORDERED. pursuant to Section 1.80 of the Commission's Rules, that,
9 47 U.S.C. 503(b)(1)(B); see also 47 C.F.R. 1.80(a)(1).
10 47 U.S.C. 312(f)0(1).
" See H.R. Rep. No. 97-765. 97' Cong. 2d Sess. 51 (1982).
12 See Southern California Broadcasting Co.. 6 FCC Red at 4388.
'" 47 U.S.C. * 312()0(2).
14 See Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the Forfeiture
Guidelines, 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.
'- 47 U.S.C. 503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Red at 17100-01: 47 C.F.R. 1.80(b)(4)
and note to paragraph (b)(4), Section II.2313
Federal Communications Commission
DA 12-348
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc94252/m1/454/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.