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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WCVC, Inc. ) File No. EB-02-TP-314
Licensee of Station WCVC(AM), ) NAL/Acct. No. 200332700001
Tallahassee, Florida ) FRN # 0003-7830-40
MEMORANDUM OPINION AND ORDER
Adopted: December 14, 2004
Released: December 16, 2004
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''),
we deny the petition for reconsideration filed by WCVC, Inc.
(``WCVC''), licensee of Station WCVC(AM), Tallahassee,
Florida. WCVC seeks reconsideration of the Forfeiture
Order,1 in which the Chief, Enforcement Bureau (``Bureau''),
found it liable for a monetary forfeiture in the amount of
seven thousand dollars ($7,000) for willful violation of
Section 73.49 of the Commission's Rules (``Rules'').2 The
noted violation involves WCVC's failure to effectively fence
its antenna structure.
2. On August 7, 2002, agents from the Commission's
Tampa, Florida Office (``Tampa Office'') conducted an on-
site inspection of Station WCVC and observed a violation of
Section 73.49 of the Rules. On October 22, 2002, the Tampa
Office released a Notice of Apparent Liability for
Forfeiture (``NAL'') 3 in the amount of seven thousand
dollars ($7,000) against WCVC for the noted violation. In
its response to the NAL, WCVC admitted that part of the
fence around its antenna structure was down but argued that
it did not willfully violate Section 73.49 of the Rules and
sought cancellation of the proposed forfeiture. On February
4, 2004, the Bureau rejected WCVC's argument and issued a $
7,000 Forfeiture Order to WCVC for the noted violation. In
the petition for reconsideration of the Forfeiture Order,
WCVC ``does not contest the $7,000 fine for the offense''
but contends that it is unable to pay the forfeiture and
provides financial information to support that claim.
3. As we stated in the NAL, 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. We find
nothing in the financial data submitted4 which would support
cancellation of the forfeiture or a reduction based upon
financial hardship.5
4. Accordingly, IT IS ORDERED that, pursuant to
Section 405 of Act and Section 1.106 of the Rules, WCVC's
petition for reconsideration of the Bureau's Forfeiture
Order issued on February 4, 2004, IS DENIED and the issuance
of the $7,000 forfeiture IS AFFIRMED.
5. Payment of the forfeiture shall be made in the
manner provided for in Section 1.80 of the Rules within 30
days of the release of this 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.6 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 Forfeiture
Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.
Payment by overnight mail may be sent to Bank One/LB 73482,
525 West Monroe, 8th Floor Mailroom, Chicago, IL 60661.
Payment by wire transfer may be made to ABA Number
071000013, receiving bank Bank One, and account number
1165259. Requests for full payment under an installment plan
should be sent to: Chief, Revenue and Receivables Operations
Group, 445 12th Street, S.W., Washington, D.C. 20554.7
6. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by First Class and Certified Mail Return
Receipt Requested to Wendell Borrink, President, WCVC, Inc.,
117 ½ Henderson Road, Tallahassee, Florida 32312.
FEDERAL COMMUNICATIONS
COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 19 FCC Rcd 1916 (Enf. Bur. 2004).
2 47 C.F.R. § 73.49.
3 See Notice of Apparent Liability for Forfeiture, NAL/Acct.
No. 200332700001 (Enf. Bur., Tampa Office, released October
22, 2002).
4 The Commission has determined that, in general, a
licensee's gross revenues are the best indicator of its
ability to pay a forfeiture. See PJB Communications of
Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992).
5 Id. at 2089 (forfeiture not deemed excessive where it
represented approximately 2.02 percent of the violator's
gross revenues); Hoosier Broadcasting Corporation, 15 FCC
Rcd 8640, 8641 (Enf. Bur. 2002) (forfeiture not deemed
excessive where it represented approximately 7.6 percent of
the violator's gross revenues); Afton Communications Corp.,
7 FCC Rcd 6741 (Com. Car. Bur. 1992) (forfeiture not deemed
excessive where it represented approximately 3.9 percent of
the violator's gross revenues).
6 47 U.S.C. § 504(a).
7 See 47 C.F.R. § 1.1914.