Federal Communications Commission DA 08-1663 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Hill Broadcasting Company, Inc. Licensee of Station KTVG(TV) Grand Island, Nebraska ) ) ) ) ) Facility I.D. No. 27220 NAL/Acct. No. 0841420054 FRN: 0004981304 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 16, 2008 Released: July 22, 2008 By the Chief, Video Division, Media Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (“NAL”) issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the “Act”), and Section 1.80 of the Commission’s Rules (the “Rules”),1 by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules,2 we find that Hill Broadcasting Company, Inc. (the “Licensee”), licensee of Station KTVG(TV), Grand Island, Nebraska (the “Station”), apparently willfully and repeatedly violated Section 73.3615 of the Rules, by failing to file Biennial Ownership Reports with the Commission and by failing to timely place in the Station’s public inspection file all of the materials required by Section 73.3526 of the Commission’s Rules.3 Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of six thousand dollars ($6,000). II. BACKGROUND 2. Section 73.3615 of the Commission’s Rules requires broadcast licensees to file an Ownership Report (FCC Form 323) when filing the station’s application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed.4 Section 73.3526(e)(5) of the Rules also requires each licensee of a commercial broadcast station to place in the public inspection file for its station, a copy of the most recent, complete ownership report filed with the Commission. 3. On January 31, 2006, the Licensee filed its license renewal application (FCC Form 303- S) for Station KTVG(TV) (the “Application”) (File No. BRCT-20060131AQP). In response to Section IV, Question 1 of the Application, the Licensee stated that, during the previous license term, it had failed to file all of the Station’s Biennial Ownership Reports with the Commission as required by Section 73.3615 of the Rules. In Exhibit 14 and in an April 19, 2006 amendment to the Application, the Licensee 1 47 U.S.C. § 503(b); 47 C.F.R. § 1.80. 2 See 47 C.F.R. § 0.283. 3 See 47 C.F.R. §§ 73.3615 and 73.3526. 4 47 C.F.R. § 73.3615. Federal Communications Commission DA 08-1663 2 indicated that its attorney responsible for its Commission regulatory filings left his law firm in 2001 and consequently, it neglected to file the 2003 and 2005 Biennial Ownership Reports. The Licensee maintained, however, that no ownership changes occurred during that time. Further, the Licensee disclosed that, several documents (such as the Station’s 1998 renewal authorization, the 1998 quarterly TV issues/programs lists, and the 1998 Children’s Television Programming Reports) were not placed in the Station’s local public file in a timely manner, as required by Section 73.3526 of the Rules. III. DISCUSSION 4. The Licensee’s failure to file Biennial Ownership Reports for 2003 and 2005 and its failure to timely place all required materials in its public file constitute an apparent willful and repeated violation of Sections 73.3615 and 73.3526. 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.5 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.6 The legislative history to Section 312(f)(1) of the Act clarifies that this definition of willful applies to both Sections 312 and 503(b) of the Act,7 and the Commission has so interpreted the term in the Section 503(b) context.8 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.”9 5. The Commission’s Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules establish base forfeiture amounts of $3,000 for failure to file a required form and $10,000 for public file violations. 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.”10 6. In this case, the Licensee acknowledged that it failed to file the Station’s 2003 and 2005 Biennial Ownership Reports and was tardy in placing several required materials in the Station’s public file. Considering the record as a whole, we find that the Licensee is apparently liable for a forfeiture in the amount of $6,000. IV. ORDERING CLAUSES 7. 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 Hill Broadcasting Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for its apparent willful and repeated violations of Sections 73.3615 and 73.3526 of the Commission’s Rules. 5 47 U.S.C. § 503(b)(1)(B); see also 47 C.F.R. § 1.80(a)(1). 6 47 U.S.C. § 312(f)(1). 7 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982). 8 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991). 9 47 U.S.C. § 312(f)(2). 10 47 U.S.C. § 503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100-01; 47 C.F.R. § 1.80(b)(4); 47 C.F.R. § 1.80(b)(4), note to paragraph (b)(4), Section II. Federal Communications Commission DA 08-1663 3 8. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission’s Rules, that, within thirty (30) days of the release date of this NAL, Hill Broadcasting Company, Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 9. Payment of the proposed 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, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number 021030004, receiving bank: TREAS NYC, BNF: FCC/ACV--27000001 and account number as expressed on the remittance instrument. If completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type code). 10. The response, if any, must be mailed to Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554, ATTN: Barbara A. Kreisman, Chief, Video Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above. 11. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the respondent 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 respondent’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. 12. Requests for full payment of the forfeiture proposed in this NAL under the installment plan should be sent to: Associate Managing Director- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554.11 13. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Hill Broadcasting Company, Inc., P.O. Box 131206, Birmingham, Alabama 35253, and to its counsel, William H. Crispin, Esquire, Crispin & Associates, PLLC, 555 13th Street, N.W., Suite 420 West, Washington, D.C. 20004. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau 11 See 47 C.F.R. § 1.1914.