Federal Communications Commission DA 08-25
 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
West Helena Broadcasters, Inc.
Licensee of KCLT-FM
West Helena, Arkansas
Facility ID # 71608
)
)
)
)
)
)
)
)
File Number: EB-07-OR-096
NAL/Acct. No. 200832620002
FRN: 0010279719  
FORFEITURE ORDER
Adopted:  January 7, 2008 Released:  January 9, 2008
By the Regional Director, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of seven 
thousand dollars ($7,000) to West Helena Broadcasters, Inc. (“Broadcasters, Inc.”), licensee of station 
KCLT-FM, in West Helena, Arkansas, for willful and repeated violation of Sections 11.35 and 73.3526 of 
the Commission’s Rules (“Rules”).1  The noted violations involve Broadcasters, Inc.’s failure to have an 
operational Emergency Alert System (“EAS”) and failure to maintain and make available a complete 
public inspection file.  
II.  BACKGROUND
2. On August 22, 2007, in response to a complaint, an agent from the Commission’s New 
Orleans Office of the Enforcement Bureau (“New Orleans Office”) inspected station KCLT-FM’s main 
studio in West Helena, Arkansas accompanied by the station’s general manager.  During the inspection, the 
EAS unit was set in manual mode, and the DJ who was responsible for running EAS tests was not 
present.  The general manager was unable to run an EAS test to verify the EAS equipment was 
operational.  All logs and printouts for the EAS, provided by the general manager the day of the 
inspection, were over a year old.  The general manager could provide no evidence that the EAS had been 
operational after June 2006.  In response to a request made during normal business hours, the general 
manager was only able to produce an old contour map and the most recent ownership report.   
3. On August 23, 2007, an agent from the New Orleans Office monitored station KCLT-FM 
from 8:20 – 9:00 A.M. C.D.T.  During this time, the agent did not hear an EAS test broadcast by the station.  
After arriving at the main studio at 9:00 A.M. C.D.T., the general manager stated that the station conducted 
an EAS test at 8:30 A.M. C.D.T. and was unable to run another test because he hit a button preventing 
activation of the EAS.  At 9:10 A.M., the general manager provided the printout for the test run earlier that 
morning.  The time on the printout was listed as 9:30 A.M., but the general manager stated the time was an 
hour off.  The agent also asked to inspect the station’s public inspection file.  The general manager was able 
to produce a copy of the current station authorization, the old contour map and the ownership report, but he 
had been unable to locate any other documents from the station’s public inspection file.
  
1 47 C.F.R. §§ 11.35, 73.3526.
Federal Communications Commission DA 08-25
2
4. On November 14, 2007, the New Orleans Office issued a Notice of Apparent Liability for 
Forfeiture to Broadcasters, Inc. in the amount of eighteen thousand dollars ($18,000) for the apparent 
willful and repeated violation of Sections 11.35 and 73.3526 of the Rules.2  Broadcasters, Inc. submitted a 
response to the NAL requesting a reduction or cancellation of the proposed forfeiture based on its inability 
to pay.
III. DISCUSSION
5. The proposed forfeiture amount in this case was assessed in accordance with Section 
503(b) of the Communications Act of 1934, as amended (“Act’),3 Section 1.80 of the Rules,4 and The 
Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (“Forfeiture 
Policy Statement”).  In examining Broadcasters, Inc.’s response, Section 503(b) of the Act requires that 
the Commission take into account 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 other 
such matters as justice may require.5
6. Section 11.35 of the Rules requires all broadcast stations to ensure that EAS encoders, 
EAS decoders and Attention Signal generating and receiving equipment is installed and operational so 
that the monitoring and transmitting functions are available during the times the station is in operation.  
Broadcast stations must also determine the cause of any failure to receive required monthly and weekly 
EAS tests, and must indicate in the station’s log why any required tests were not received and when 
defective equipment is removed and restored to service.6  On August 22, 2007, station KCLT-FM was 
unable to run an EAS test. The most recent EAS printout for the station was dated June 2006, and the 
station had no evidence that its EAS was operational after June 2006.  On August 23, 2007, station KCLT-
FM transmitted an EAS test but the test was not broadcast over the air.   
7. Section 73.3526(a)(2) of the Rules requires broadcast stations to maintain for public 
inspection, a file containing materials listed in that section.7 Section 73.3526(c)(1) of the Rules states that 
the file shall be available for public inspection at any time during regular business hours.8 Section 
73.3526(e) of the Rules specifies the material to be retained in the public inspection file.9  On August 22 
and 23, 2007, in response to requests made during regular business hours, station KCLT-FM’s general 
manager was unable to locate or make available a complete public inspection file. He was only able to 
locate an old contour map, an ownership report, and the current station authorization.  
8. Thus, based on the evidence, we find that Broadcasters, Inc. willfully10 and repeatedly11
  
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832620002 (Enf. Bur., New Orleans Office, 
November 14, 2007) (“NAL”).
3 47 U.S.C. § 503(b).
4 47 C.F.R. § 1.80.
5 47 U.S.C. § 503(b)(2)(D).
6 47 C.F.R. § 11.35(a) and (b).
7 47 C.F.R. § 73.3526(a)(2).
8 47 C.F.R. § 73.3526(c)(1).
9 47 C.F.R. § 73.3526(e).
10 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,’ … means the conscious and deliberate 
commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or 
Federal Communications Commission DA 08-25
3
violated Sections 11.35 and 73.3526 of the Rules by failing to have operational EAS and failing to 
maintain or make available a complete public inspection file.
9. In its response to the NAL, Broadcasters, Inc. asserts that a $18,000 forfeiture would 
produce a financial hardship and requests that the forfeiture be cancelled or significantly reduced.  The 
Commission has determined that, in general, an entity's gross revenues are the best indicator of its ability 
to pay a forfeiture.12 After reviewing Broadcasters, Inc.’s financial documentation, we conclude that a 
reduction of the forfeiture to $7,000 would be appropriate.
10. We have examined Broadcasters, Inc.’s response to the NAL pursuant to the statutory 
factors above, and in conjunction with the Forfeiture Policy Statement.  As a result of our review, we 
conclude that Broadcasters, Inc. willfully and repeatedly violated Sections 11.35 and 73.3526 of the 
Rules.  Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the 
forfeiture amount to $7,000 is appropriate based on Broadcasters, Inc.’s demonstrated inability to pay.
IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission’s Rules, West 
Helena Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven
thousand dollars ($7,000) for violation of Sections 11.35 and 73.3526 of the Rules.13
12. 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.14  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 Federal Communications 
Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent 
to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251.  Payment by wire 
transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account 
number 911-6106. Requests for full payment under an installment plan should be sent to: Associate 
Managing Director, Financial Operations, 445 12th Street, S.W., Room 1A625, Washington, D.C. 
20554.15
     
regulation of the Commission authorized by this Act ….”  See Southern California Broadcasting Co., 6 FCC Rcd 
4387 (1991).   
11 The 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.”  
47 U.S.C. § 312(f)(2).
12 See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992) (forfeiture not deemed excessive where 
it represented approximately 2.02 percent of the violator’s gross revenues); Local Long Distance, Inc., 16 FCC Rcd 
24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violator’s 
gross revenues); Hoosier Broadcasting Corporation, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive 
where it represented approximately 7.6 percent of the violator’s gross revenues).
13 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 11.35, 73.3526.
14 47 U.S.C. § 504(a).
15 See 47 C.F.R. § 1.1914.
Federal Communications Commission DA 08-25
4
13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and 
Certified Mail Return Receipt Requested to West Helena Broadcasters, Inc. at its address of record.  
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau