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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Americom Las Vegas Limited Partnership ) File No. EB-02-DV-
094
)
Licensee of FM Radio Station KWNZ ) NAL/Acct. No.
200332800006
Carson City, Nevada ) FRN 0003-7662-92
Facility ID # 53706 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: November 20, 2002 Released: November 22, 2002
By the Chief, Enforcement Bureau:
I. Introduction
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find that Americom Las Vegas Limited Partnership
(``Americom''), licensee of FM radio station KWNZ, Carson City,
Nevada, apparently willfully and repeatedly violated Section
1.1310 of the Commission's Rules (``Rules'')1 by failing to
comply with radio frequency radiation (``RFR'') maximum
permissible exposure limits applicable to facilities, operations,
or transmitters. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended (``Act''),2 that Americom
is apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000).
II. Background
2. In 1996, the Commission amended its rules to adopt new
guidelines and procedures for evaluating the environmental
effects of RFR from FCC regulated facilities, operations or
transmitters.3 The Commission adopted maximum permissible
exposure (``MPE'') limits for electric and magnetic field
strength and power density for facilities, operations or
transmitters operating at frequencies from 300 kHz to 100 GHz.4
The MPE limits, which are set forth in Section 1.1310 of the
Rules, include limits for occupational/controlled
(``occupational'') exposure and limits for general
population/uncontrolled (``public'') exposure. The occupational
exposure limits apply in situations in which persons are exposed
as a consequence of their employment provided those persons are
fully aware of the potential for exposure and can exercise
control over their exposure.5 The limits for occupational
exposure also apply in situations where an individual is
transient through a location where the occupational limits apply,
provided that he or she is made aware of the potential for
exposure. The more stringent public exposure limits apply in
situations in which the general public may be exposed, or in
which persons that are exposed as a consequence of their
employment may not be fully aware of the potential for exposure
or cannot exercise control over their exposure.6
3. As of October 15, 1997, any applicant for an initial
construction permit, license, or renewal or modification of an
existing license was required to demonstrate compliance with the
new RFR MPE limits, or file an Environmental Assessment and
undergo environmental review by Commission staff.7 In addition,
all existing licensees were required to come into compliance with
the new RFR MPE limits by September 1, 2000, or file an
Environmental Assessment.8
4. Americom is licensed to operate KWNZ on Channel 247
(97.3 MHz) with 87 kilowatts effective radiated power. In the
June 1997 renewal application filed for KWNZ, Americom certified
that KWNZ was in compliance with the RFR MPE requirements then in
effect and that no Environmental Assessment was required.9 FCC
records reflect no subsequent Environmental Assessment filing by
Americom for KWNZ.
5. On November 6, 2001, agents from the FCC's San
Francisco, California Field Office (``San Francisco Office'')
conducted a site inspection at the McClellan Peak antenna site
near Carson City, Nevada. The McClellan Peak site is on
unfenced, publicly accessible property managed by the Bureau of
Land Management (``BLM''), located at the junction of three
counties, Storey, Washoe, and Lyon Counties, approximately 4
kilometers northeast of Carson City. There are 13 broadcast
stations which transmit from the McClellan Peak site. During the
November 6, 2001 inspection, the personal RFR monitors worn by
the agents began to alarm while in the vicinity of the KWNZ
transmitter site. The personal RFR monitors are designed by the
manufacturer to begin alarming when RFR exposure levels reach 50
percent of the Commission's occupational exposure limit. The
occupational exposure limit is five times greater than the public
exposure limit. Thus, the alarming appeared to indicate that
there were RFR levels in excess of the MPE limit for the general
public in the vicinity of the KWNZ transmitter.
6. The agents subsequently obtained a copy of a May 7,
1997, RFR study conducted by an independent electrical
engineering consulting firm on behalf of several broadcast
stations at the McClellan Peak site, including KWNZ. This study
indicated that spatially averaged areas around the KWNZ site
existed that were 46% of the FCC's 1982 RFR MPE limit of 1
mW/cm2, or 0.460 mW/cm2 for the 30-300 MHz band. The FCC's
current RFR MPE limit for the 30-300 MHz frequency band is 0.2
mW/cm2 for the general public.10 A comparison of the current MPE
limit with the RFR measurements reported in the May 7, 1997,
study revealed the possibility that areas around the KWNZ site
exceeded the current RFR MPE limit for the general public.
7. On May 1, 2002, the FCC's Denver, Colorado Field
Office (``Denver Office'') issued a Letter of Inquiry (``LOI'')
to Americom and 12 other broadcast licensees which transmit from
the McClellan Peak site regarding RFR compliance at the site and
advising that a site inspection would take place on May 15, 2002.
8. On May 14 and 15, 2002, FCC agents from the Denver and
San Francisco Offices conducted measurements in publicly
accessible areas throughout the McClellan Peak site. The site
was easily accessible to 4-wheel drive vehicles from a public
gravel and dirt roadway off Goni Road. Two commercial gravel
pits were located along the gravel roadway to the site. An
ungated internal dirt road led from the gravel roadway to the
site, with multiple branches to reach the various antenna
structures. The agents observed that there were trails for off-
road 4-wheel drive vehicles and all terrain vehicles (``ATVs'')
along the gravel roadway and at the site itself. The agents also
observed members of the public driving ATVs, ATV tire tracks,
campfire rings, beer and wine bottles, and other trash indicative
of public use of the BLM site.
9. The measurements taken by the agents indicated that
there were RFR fields in publicly accessible areas at ground
level that exceeded the FCC's MPE limits for the general public.
The agents found spatially averaged RFR fields measuring 0.284
mW/cm2, which exceeds the MPE limits for the general public by
42%, in unfenced areas between the KWNZ transmitter building and
the KWNZ antenna tower. On May 15, 2002, at the request of the
agents, KWNZ temporarily powered down to enable the agents to
determine if there were other significant RFR contributors in the
primary 10 square foot area identified as exceeding the limits.
While KWNZ was powered down, the RFR fields in this primary area
measured only 0.0115 mw/cm2 or 5.75% of the RFR MPE limits for
the general public. The agents also requested two other
broadcasters in the immediate vicinity to power down in turn.
While each of the other broadcasters was powered down, the
measured RFR fields in the primary area did not change. The
agents determined, based on these measurements, that KWNZ was
contributing over 94% of the measured RFR field.
10. On June 7, 2002, Americom submitted a response to the
May 1, 2002, LOI and the May 15, 2002, on-site investigation.
Americom asserted that because the site is remote and not
frequently accessed by the public, KWNZ should be held to the
less restrictive occupational MPE limit of 1 mw/cm2 and that KWNZ
is in compliance with the occupational exposure limit. Along
with its response, Americom submitted an affidavit from the
Storey County Sheriff. The affidavit states in part that:
Although the site is technically accessible to the
public, the mountaintop site is remote and the roads
leading to it are not easily navigated. My office
receives little or no call volume relating to the site
and requiring response. My office is aware of no
significant foot traffic at the site. In sum, it is my
conclusion that the public does not ``frequently
visit'' McClellan Peak. Based on my experience, it is
my conclusion that the general public is not likely to
visit that site.
Americom further stated that the site has been treated as an
occupational environment, and that the site complies with the
guidance set forth in the following passage from OET Bulletin
6511:
There may be situations where RF levels may exceed the
MPE limits for the general public in remote areas, such
as mountain tops, that could conceivably be accessible
but are not likely to be visited by the public. In
such cases, common sense should dictate how compliance
is to be achieved. If the area is properly marked by
appropriate warning signs, fencing or the erection of
other permanent barriers may not be necessary.
11. Americom also submitted a report of RFR measurements
conducted at the McClellan Peak site on May 15, 2002, by an
Americom consultant. This report shows that RFR fields in an
unfenced area adjacent to the KWNZ tower exceeded the MPE limits
for the general public by 18%. Americom stated that out of an
abundance of caution, they contracted for this location to be
fenced as if it were in an uncontrolled environment.
III. Discussion
12. Section 503(b) of the Act provides that any person who
willfully or repeatedly fails to comply substantially with the
terms and conditions of any license, or willfully or repeatedly
fails to comply with any of the provisions of the Act or of any
rule, regulation or order issued by the Commission thereunder,
shall be liable for a forfeiture penalty. The term ``willful''
as used in Section 503(b) has been interpreted to mean simply
that the acts or omissions are committed knowingly.12 The term
``repeated'' means the commission or omission of such act more
than once or for more than one day.13
13. Section 1.1310 of the Rules requires licensees to
comply with RFR exposure limits. Table 1 in Section 1.1310 of the
FCC's rules provides that the public RFR MPE limit for a radio
station operating on channel 247 (97.3 MHz) is 0.200 mW/cm2.
14. Americom certified in the 1997 license renewal
application for radio station KWNZ that operation of station KWNZ
in Carson City, Nevada, would comply with the FCC's RFR exposure
guidelines and would not require the filing of an Environmental
Assessment. At that time, the evidence indicates that KWNZ was
in compliance with the FCC's 1982 RFR MPE limits. However,
Americom was required to ensure that by September 1, 2000, KWNZ
was in compliance with the more restrictive RFR MPE limits
adopted by the Commission in 1996, or file an Environmental
Assessment. Based on RFR measurements conducted in May 2002 by
FCC agents and by Americom's consultant, we find that the
operation of KWNZ created RFR fields that exceeded the RFR
exposure limits for the public in unfenced, publicly accessible
areas.
15. Americom asserted in its response to the May 1, 2002,
LOI and the May 15, 2002, on-site inspection that the McClellan
Peak site is remote. Americom also asserted that it has
historically treated the areas at the McClellan Peak site which
exceeded the public MPE limits as controlled areas subject to the
occupational MPE limits. In support of these assertions,
American submitted a statement from the Storey County Sheriff
that his office receives little or no call volume relating to the
site. However, we find that ample evidence exists that the site
was publicly accessible and was in fact used by the public,
including agent observations of the public driving ATVs at the
site, a publicly accessible, commercially used road leading to
the site, ungated and unfenced dirt paths to the tower locations,
off-road ATV trails, ATV tire tracks, campfire rings, beer and
wine bottles, and other trash at the site. We find that this
evidence supports a conclusion that the areas were and could
reasonably be expected to be used by the public.
16. Licensees bear responsibility to comply with the RFR
limits or file an Environmental Assessment, and to restrict
access to areas that exceed the RFR limits or to modify the
facility and operation so as to bring the station's operation
into compliance with the RFR exposure limits prior to public or
worker access to the impacted area.14 No RFR warning signs were
found in the immediate vicinity demarking the primary area in
which RFR fields exceeded the FCC's public limits. A fence did
surround the base of the KWNZ tower, but the fence did not
encompass the primary area exceeding the FCC's RFR MPE limits.
Therefore, we also find that Americom did not restrict public
access to areas where RFR exceeded the public MPE limits.
17. Based on the evidence before us, we find that Americom
willfully and repeatedly violated Section 1.1310 of the Rules by
exceeding the RFR MPE limits for the general public and failing
to adequately take measures to prevent the public from accessing
areas that exceeded the RFR exposure limits.
18. The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80(b) of the Rules to Incorporate the
Forfeiture Guidelines (``Forfeiture Policy Statement'')15 does
not specify a maximum base forfeiture for violation of the RFR
MPE limits described in Section 1.1310.16 However, the
Commission recently determined that an appropriate base
forfeiture amount for violation of the RFR MPE limits is $10,000,
noting the public safety nature of the rules.17
19. In assessing the monetary forfeiture amount, we must
take into account the statutory factors set forth in Section
503(b)(2)(D) of the Act,18 which include the nature,
circumstances, extent, and gravity of the violation(s), and with
respect to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and other such matters as
justice may require. We believe that the seriousness of the
safety violation warrants the proposed $10,000 forfeiture amount.
Accordingly, applying the Forfeiture Policy Statement and
statutory factors to the instant case, we conclude that Americom
is apparently liable for a $10,000 forfeiture.
IV. Ordering Clauses
20. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the
Rules,19 Americom Las Vegas Limited Partnership, IS hereby
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount
of ten thousand dollars ($10,000) for willfully and repeatedly
violating Section 1.1310 of the Rules.
21. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NOTICE
OF APPARENT LIABILITY, Americom Las Vegas Limited Partnership,
SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
proposed forfeiture.
22. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment must include
the FCC Registration Number (``FRN'') and the NAL/Acct. No.
referenced in the caption.
23. The response if any must be mailed to the Federal
Communications Commission, Enforcement Bureau, Technical and
Public Safety Division, 445 12th Street, S.W., Washington, D.C.
20554 and must include the NAL/Acct. No. referenced in the
caption.
24. 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.
Any claim of inability to pay must specifically identify the
basis for the claim by reference to the financial documentation
submitted.
25. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Revenue and Receivable Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.20
26. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Federal Communications
Commission, Enforcement Bureau, Technical & Public Safety
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (``OCBO'') set
forth in Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Act. If you have questions regarding any of the
information contained in Attachment A, please contact OCBO at
(202) 418-0990.
27. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by first class mail and
certified mail, return receipt requested, to Americom Las Vegas
Limited Partnership, Suite 1880, 1900 Avenue of the Stars, Los
Angeles, California 90067.
FEDERAL COMMUNICATIONS
COMMISSION
David Solomon
Chief, Enforcement Bureau October 2002
FCC List of Small Entities
As described below, a ``small entity'' may be a small
organization,
a small governmental jurisdiction, or a small business.
(1) Small Organization
Any not-for-profit enterprise that is independently owned
and operated and
is not dominant in its field.
(2) Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages,
school districts, or
special districts, with a population of less than fifty
thousand.
(3) Small Business
Any business concern that is independently owned and
operated and
is not dominant in its field, and meets the pertinent size
criterion described below.
Industry Type Description of Small Business
Size Standards
Cable Services or Systems
Special Size Standard -
Cable Systems Small Cable Company has 400,000
Subscribers Nationwide or Fewer
Cable and Other Program
Distribution $12.5 Million in Annual
Receipts or Less
Open Video Systems
Common Carrier Services and Related Entities
Wireline Carriers and
Service providers
1,500 Employees or Fewer
Local Exchange Carriers,
Competitive Access
Providers, Interexchange
Carriers, Operator Service
Providers, Payphone
Providers, and Resellers
Note: With the exception of Cable Systems, all size
standards are expressed in either millions of dollars or
number of employees and are generally the average annual
receipts or the average employment of a firm. Directions
for calculating average annual receipts and average
employment of a firm can be found in
13 C.F.R. §121.104 and 13 C.F.R. § 121.106, respectively.
International Services
International Broadcast
Stations
$12.5 Million in Annual
Receipts or Less
International Public Fixed
Radio (Public and Control
Stations)
Fixed Satellite
Transmit/Receive Earth
Stations
Fixed Satellite Very Small
Aperture Terminal Systems
Mobile Satellite Earth
Stations
Radio Determination
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
Mass Media Services
Television Services
$12 Million in Annual Receipts
or Less
Low Power Television
Services and Television
Translator Stations
TV Auxiliary, Special
Broadcast and Other Program
Distribution Services
Radio Services
$6 Million in Annual Receipts
or Less
Radio Auxiliary, Special
Broadcast and Other Program
Distribution Services
Multipoint Distribution Auction Special Size Standard -
Service Small Business is less than
$40M in annual gross revenues
for three preceding years
Wireless and Commercial Mobile Services
Cellular Licensees
1,500 Employees or Fewer
220 MHz Radio Service -
Phase I Licensees
220 MHz Radio Service - Auction special size standard -
Phase II Licensees Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
controlling principals)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
controlling principals)
700 MHZ Guard Band Licensees
Private and Common Carrier
Paging
Broadband Personal
Communications Services 1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal Auction special size standard -
Communications Services Small Business is $40M or less
(Block C) in annual gross revenues for
three previous calendar years
Very Small Business is average
gross revenues of $15M or less
for the preceding three
calendar years (includes
affiliates and persons or
entities that hold interest in
such entity and their
affiliates)
Broadband Personal
Communications Services
(Block F)
Narrowband Personal
Communications Services
Rural Radiotelephone Service 1,500 Employees or Fewer
Air-Ground Radiotelephone
Service
800 MHz Specialized Mobile Auction special size standard -
Radio Small Business is $15M or less
average annual gross revenues
for three preceding calendar
years
900 MHz Specialized Mobile
Radio
Private Land Mobile Radio 1,500 Employees or Fewer
Amateur Radio Service N/A
Aviation and Marine Radio
Service 1,500 Employees or Fewer
Fixed Microwave Services
Small Business is 1,500
Public Safety Radio Services employees or less
Small Government Entities has
population of less than 50,000
persons
Wireless Telephony and
Paging and Messaging 1,500 Employees or Fewer
Personal Radio Services N/A
Offshore Radiotelephone 1,500 Employees or Fewer
Service
Wireless Communications Small Business is $40M or less
Services average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
39 GHz Service
Auction special size standard
(1996) -
Multipoint Distribution Small Business is $40M or less
Service average annual gross revenues
for three preceding calendar
years
Prior to Auction -
Small Business has annual
revenue of $12.5M or less
Multichannel Multipoint
Distribution Service $12.5 Million in Annual
Receipts or Less
Instructional Television
Fixed Service
Auction special size standard
(1998) -
Local Multipoint Small Business is $40M or less
Distribution Service average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
First Auction special size
standard (1994) -
Small Business is an entity
that, together with its
affiliates, has no more than a
218-219 MHZ Service $6M net worth and, after
federal income taxes (excluding
carryover losses) has no more
than $2M in annual profits each
year for the previous two years
New Standard -
Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Satellite Master Antenna
Television Systems $12.5 Million in Annual
Receipts or Less
24 GHz - Incumbent Licensees 1,500 Employees or Fewer
24 GHz - Future Licensees Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Miscellaneous
On-Line Information Services $18 Million in Annual Receipts
or Less
Radio and Television
Broadcasting and Wireless
Communications Equipment 750 Employees or Fewer
Manufacturers
Audio and Video Equipment
Manufacturers
Telephone Apparatus
Manufacturers (Except 1,000 Employees or Fewer
Cellular)
Medical Implant Device 500 Employees or Fewer
Manufacturers
Hospitals $29 Million in Annual Receipts
or Less
Nursing Homes $11.5 Million in Annual
Receipts or Less
Hotels and Motels $6 Million in Annual Receipts
or Less
Tower Owners (See Lessee's Type of Business)
_________________________
1 47 C.F.R. § 1.1310.
2
47 U.S.C. § 503(b).
3 Guidelines for Evaluating the Environmental Effects of
Radiofrequency Radiation, Report and Order, ET Docket No. 93-62,
11 FCC Rcd 15123 (1996), recon. granted in part, First Memorandum
Opinion and Order, 11 FCC Rcd 17512 (1996), recon. granted in
part, Second Memorandum Opinion and Order and Notice of Proposed
Rulemaking, 12 FCC Rcd 13494 (1997) (``Guidelines'').
4 See 47 C.F.R. § 1.1310, Table 1.
5 47 C.F.R. § 1.1310, Note 1 to Table 1.
6 47 C.F.R. § 1.1310, Note 2 to Table 1.
7 Guidelines, Second Memorandum Opinion and Order and Notice
of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. §
1.1307(b)(4).
8 Guidelines, Second Memorandum Opinion and Order and Notice
of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. §
1.1307(b)(5). See also Public Notice, Year 2000 Deadline for
Compliance with Commission's Regulations Regarding Human Exposure
to Radiofrequency Emissions (released Feb. 25, 2000); Public
Notice, Erratum to February 25, 2000 Public Notice, 15 FCC Rcd
13600 (released April 27, 2000); Public Notice, Reminder of
September 1, 2000, Deadline for Compliance with Regulations for
Human Exposure to Radiofrequency Emissions, 15 FCC Rcd 18900
(released Aug. 24, 2000).
9 At the time Americom filed the renewal application for radio
station KWNZ, the FCC's 1982 RFR MPE limits were still in effect.
10 47 C.F.R. § 1.1310, Table 1. The FCC's 1982 RFR MPE limit
did not distinguish between controlled environments (involving
workers) and uncontrolled environments (involving the general
public).
11 OET Bulletin 65, ``Evaluating Compliance with FCC Guidelines
for Human Exposure to Radiofrequency Electromagnetic Fields''
(August 1997).
12 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed under
Section 503(b) of the Act, provides that ``[t]he term `willful',
when used with reference to the commission or omission of any
act, means the conscious and deliberate commission or omission of
such act, irrespective of any intent to violate any provision of
this Act ....'' See Southern California Broadcasting Co., 6 FCC
Rcd 4387 (1991).
13 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
also applies to violations for which forfeitures are assessed
under Section 503(b) 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.''
14 47 C.F.R. §§ 1.1307(b)(1), 1.1307(b)(5) and 1.1310.
15 Forfeiture Policy Statement and Amendment of Section 1.80(b)
of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd
17087 (1997), recon denied, 15 FCC Rcd 303 (1999).
16 The fact that the Forfeiture Policy Statement does not
specify a base amount does not indicate that no forfeiture should
be imposed. The Forfeiture Policy Statement states that ``...
any omission of a specific rule violation from the ...
[forfeiture guidelines] ... should not signal that the Commission
considers any unlisted violation as nonexistent or unimportant.
Forfeiture Policy Statement, 12 FCC Rcd at 17099. The Commission
retains the discretion, moreover, to depart from the Forfeiture
Policy Statement and issue forfeitures on a case?by?case basis,
under its general forfeiture authority contained in Section 503
of the Act. Id.
17 A-O Broadcasting Corporation, FCC 02-312 (released November
18, 2002).
18 47 U.S.C. § 503(b)(2)(D).
19 47 C.F.R. §§ 0.111, 0.311 and 1.80.
20 See 47 C.F.R. § 1.1914.