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 DA  04-  1817  Released:  June  28,  2004 
 FEDERAL  COMMUNICATIONS  COMMISSION  445  12  th  STREET,  S.  W. 
 WASHINGTON,  DC  20554 
 June  21,  2004 
 In  Reply  Refer  to:  1800B3-  SS 
 NAL/  Acct  No.:  MB20041810037  FRN:  0007719222 


 CERTIFIED  MAIL  –  RETURN  RECEIPT  REQUESTED  James  P.  Riley,  Esq. 
 Fletcher,  Heald  &  Hildreth,  PLC  1300  North  17  th  Street,  11  th  Floor 
 Arlington,  VA  22209 
 In  re:  KLRC(  FM),  Siloam  Springs,  AR  John  Brown  University 
 Facility  ID:  31470  File  No.  BRED-  20040128ACO 


 Dear  Mr.  Riley: 
 This  letter  refers  to  the  captioned  application  of  John  Brown  University  (“  JBU”)  for  renewal  of  license  for  station  KLRC(  FM),  Siloam  Springs,  Arkansas.  For  the  reasons  set  forth 
 below,  we  issue  a  NOTICE  OF  APPARENT  LIABLILITY  FOR  A  FORFEITURE  to  JBU  for  violation  of  the  Commission’s  rule  regarding  a  broadcast  station’s  public  inspection  file,  47 
 C.  F.  R  Section  73.3527,  and  we  grant  the  KLRC(  FM)  license  renewal  application. 
 Public  file  rule  violation.  Section  III,  Item  3  of  the  license  renewal  application  form,  FCC  Form  303-  S,  requests  that  the  licensee  certify  that  the  documentation  required  by  Section 
 73.3526  or  73.3527,  as  applicable,  has  been  placed  in  the  station’s  public  inspection  file  at  the  appropriate  times.  JBU  indicated  “No”  to  that  certification,  filing  an  amendment  to  its  Exhibit 
 explaining  that  the  complete  issues/  program  lists  from  January  10,  1999,  through  January  10,  2003,  were  not  placed  in  the  public  file.  1  JBU  states  that  the  issues/  programs  lists  for  2003  have 
 been  re-  created  and  that  steps  have  been  taken  to  assure  that  in  the  future  all  quarterly  lists  are  timely  prepared  and  placed  in  the  public  file. 


 1  KLRC  indicates  that  “information  relating  to  the  licensees’  efforts  to  provide  programming  covering  local  issues” 
 was  placed  in  the  station’s  public  file,  but  this  information  “did  not,  in  most  cases,  include  sufficient  information  to  comply  with  the  Commission’s  rules.”  June  4,  2004,  amendment  at  Exhibit  1. 
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 Section  73.3527  of  the  Commission’s  Rules  requires  broadcast  licensees  to  maintain  a  public  inspection  file  containing  specific  types  of  information  related  to  station  operations.  The 
 purpose  of  this  requirement  is  to  provide  the  public  with  timely  information  at  regular  intervals  throughout  the  license  period.  2  In  this  regard,  where  lapses  occur  in  maintaining  the  public  file, 
 neither  the  negligent  acts  nor  omissions  of  station  employees  or  agents,  nor  the  subsequent  remedial  actions  undertaken  by  the  licensee,  excuse  or  nullify  a  licensee’s  rule  violation.  3 


 Section  503(  b)  of  the  Communications  Act,  47  U.  S.  C.  §  503(  b)  and  Section  1.80(  a)  of  the  Commission’s  rules,  47  C.  F.  R.  §  1.80(  a),  each  state  that  any  person  who  willfully  or  repeatedly 
 fails  to  comply  with  the  provisions  of  the  Communications  Act  or  the  Commission’s  rules  shall  be  liable  for  a  forfeiture  penalty.  For  purposes  of  Section  503(  b)  of  the  Communications  Act,  the 
 term  “willful”  means  that  the  violator  knew  it  was  taking  the  action  in  question,  irrespective  of  any  intent  to  violate  the  Commission’s  rules.  4  A  continuing  violation  is  “repeated”  if  it  lasts 
 more  than  one  day.  5 
 The  Commission’s  Forfeiture  Policy  Statement  sets  a  base  forfeiture  amount  of  $10,000  for  public  file  violations.  6  In  this  case,  the  violations  were  admitted  to  the  Commission  in  the 
 context  of  the  license  renewal  application,  and  the  licensee  has  attempted  to  correct  the  violations  that  occurred  during  its  ownership  tenure  and  has  instituted  measures  to  prevent  its 
 recurrence.  On  the  other  hand,  the  violation  continued  for  nearly  seven  years,  encompassing  almost  the  whole  license  period.  Considering  the  record  as  a  whole,  we  believe  that  a  $10,000 
 forfeiture  is  appropriate  for  the  violation  in  this  case.  7  We  will,  however,  reduce  the  forfeiture  to  $9,000  due  to  the  licensee’s  voluntary  disclosure  of  the  violation.  8 


 License  renewal  application.  In  evaluating  an  application  for  license  renewal,  the  Commission’s  decision  is  governed  by  Section  309(  k)  of  the  Communications  Act.  That  section 
 provides  that  if,  upon  consideration  of  the  application  and  pleadings,  we  find  that  (1)  the  station  has  served  the  public  interest,  convenience,  and  necessity;  (2)  there  have  been  no  serious 
 violations  of  the  Communications  Act  or  the  Commission’s  Rules;  and  (3)  there  have  been  no 


 2  Cf.  Letter  to  Kathleen  N.  Benfield  from  Linda  B.  Blair,  Chief,  Audio  Services  Division  (April  3,  1997),  13  FCC  Rcd 
 4102  (1997)  citing  License  Renewal  Applications  of  Certain  Commercial  Radio  Stations,  8  FCC  Rcd  6400  (1993). 
 3  See  Padre  Serra  Communications,  Inc.,  14  FCC  Rcd  9709  (1999)(  citing  Gaffney  Broadcasting,  Inc.,  23  F.  C.  C.  2d 
 912,  913  (1970)  and  Eleven  Ten  Broadcasting  Corp.,  33  F.  C.  C.  706  (1962). 
 4  See  Southern  California  Broadcasting  Co.,  6  FCC  Rcd  4387,  4387-  4388  (1991). 


 5  Id.  at  4388. 
 6  The  Commission’s  Forfeiture  Policy  Statement  and  Amendment  of  Section  1.80  of  the  Commission’s  Rules,  12 
 FCC  Rcd  17087,  17113  (1997),  recon.  denied  FCC  99-  407  (released  December  28,  1999). 
 7  See  Dick  Broadcasting  Company,  Inc.  of  Tennessee,  19  FCC  Rcd  6319  (MB  2004);  Pacific  Spanish  Network,  Inc., 
 14  FCC  Rcd  10021  (MMB1991)  and  Padre  Serra  Communications,  Inc.  at  9706;  and  Dick  Broadcasting,  DA  04-  967  (rel.  Apr.  8,  2004). 


 8  See  Surrey  Front  Range  Limited  Partnership,  7  FCC  Rcd  6361  (FOB  1992)  (voluntary  disclosure  constitutes  a 
 downward  adjustment  criterion). 
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 other  violations  which,  taken  together,  constitute  a  pattern  of  abuse,  we  are  to  grant  the  renewal  application.  9  If,  however,  the  licensee  fails  to  meet  that  standard,  the  Commission  may  deny  the 
 application  –  after  notice  and  opportunity  for  a  hearing  under  Section  309(  e)  of  the  Act  –  or  grant  the  application  “on  terms  and  conditions  that  are  appropriate,  including  a  renewal  for  a  term  less 
 than  the  maximum  otherwise  permitted.”  10 
 The  public  inspection  file  rule  serves  the  critical  function  of  making  available  to  the  public  important  information  regarding  programs  that  provided  a  station’s  most  significant 
 treatment  of  community  issues  during  the  license  term.  On  balance,  however,  we  find  that  JBU’s  violation  of  Section  73.3527  does  not  constitute  a  “serious  violation”  of  the  Commission’s  rules 
 warranting  designation  for  evidentiary  hearing.  Moreover,  we  find  no  evidence  of  violations  that,  when  considered  together,  evidence  a  pattern  of  abuse.  11  Further,  we  find  that  station 
 KLRC(  FM)  served  the  public  interest,  convenience,  and  necessity  during  the  subject  license  term.  We  will  therefore  grant  the  license  renewal  application  below.  12 


 Conclusion/  Actions.  For  the  reasons  set  forth  above,  and  pursuant  to  Section  503  (b)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  Section  503(  b),  and  Sections  0.283  and 
 1.80  of  the  Commission’s  Rules,  47  U.  S.  C.  Sections  0.283  and  1.80,  John  Brown  University  is  hereby  advised  of  its  apparent  liability  for  a  forfeiture  of  $9,000  for  willfully  and  repeatedly 
 violating  Section  73.3527. 
 Accordingly,  IT  IS  ORDERED,  pursuant  to  Section  1.80  of  the  Commission’s  rules,  that  within  thirty  days  of  the  release  of  this  Notice,  John  Brown  University  SHALL  PAY  to  the 
 United  States  the  full  amount  of  the  proposed  forfeiture  or  SHALL  FILE  a  written  statement  seeking  reduction  or  cancellation  of  the  proposed  forfeiture. 


 Payment  of  the  forfeiture  may  be  made  by  credit  card  through  the  Commission's  Revenue  and  Receivables  Operations  Group  at  (202)  418-  1995  or  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  should  note  the  FCC  Registration  Number  (“  FRN”)  (0007719222)  and  the  NAL/  Acct.  No.  (MB20041810037)  referenced  above. 


 9  47  U.  S.  C.  §  309(  k)(  1).  The  renewal  standard  was  amended  to  read  as  described  by  Section  204(  a)  of  the 
 Telecommunications  Act  of  1996,  Pub.  L.  No.  104-  104,  110  Stat.  56  (1996).  See  Order,  Implementation  of  Sections  204(  a)  and  204(  c)  of  the  Telecommunications  Act  of  1996  (Broadcast  License  Renewal  Procedures),  11 


 FCC  Rcd  6363  (1996). 
 10  47  U.  S.  C.  §§  309(  k)(  2),  309(  k)(  3). 


 11  For  example,  we  do  not  find  here  that  the  licensee's  station  operation  "was  conducted  in  an  exceedingly  careless, 
 inept  and  negligent  manner  and  that  the  licensee  is  either  incapable  of  correcting  or  unwilling  to  correct  the  operating  deficiencies."  See  Heart  of  the  Black  Hills  Stations,  32  F.  C.  C.  2d  196,  198  (1971).  Nor  do  we  find  on  the 


 record  here  that  "the  number,  nature  and  extent"  of  the  violations  indicate  that  "the  licensee  cannot  be  relied  upon  to  operate  WJJS-  FM  in  the  future  in  accordance  with  the  requirements  of  its  licenses  and  the  Commission's  Rules." 
 Heart  of  the  Black  Hills  Stations,  32  F.  C.  C.  2d  at  200.  See  also  Center  for  Study  and  Application  of  Black  Economic  Development,  6  FCC  Rcd  4622  (1991),  Calvary  Educational  Broadcasting  Network,  Inc.,  7  FCC  Rcd  4037  (1992). 


 12  See  47  U.  S.  C.  §  309(  k). 
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 The  response,  if  any,  must  be  mailed  to  Peter  H.  Doyle,  Chief,  Audio  Division,  Media  Bureau,  Federal  Communications  Commission,  445  12  th  Street,  S.  W.,  Room  2-  A360, 
 Washington,  D.  C.  20554  and  MUST  INCLUDE  the  NAL/  Account  number  referenced  in  the  caption  of  this  document  (MB20041810037)  and  the  FCC  Registration  Number  (FRN) 
 (0007719222)  referenced  above. 
 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. 


 Requests  for  payment  of  the  full  amount  of  this  Notice  of  Apparent  Liability  under  an  installment  plan  should  be  sent  to:  Chief,  Credit  and  Debt  Management  Center,  445  12th  Street, 
 S.  W.,  Washington,  D.  C.  20554.  13 
 Finally,  IT  IS  ORDERED,  that  the  application  (File  No.  BRED-  20040128ACO)  of  John  Brown  University  for  renewal  of  license  for  station  KLRC(  FM),  Siloam  Springs,  Arkansas,  IS 
 GRANTED. 


 Sincerely, 


 Peter  H.  Doyle,  Chief  Audio  Division 
 Media  Bureau 
 cc:  John  Brown  University 


 13  See  47  C.  F.  R.  §  1.1914. 
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