Federal Communications Commission DA 13-2299
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Cadillac Telecasting Co.
Licensee of Stations WFQX-TV, Cadillac, 
Michigan, WFUP, Vanderbilt, Michigan
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Facility I.D. Nos. 25396, 25395
NAL/Acct. No.: 201341420059
FRN: 0016496481
NOTICE OF APPARENT
LIABILITY FOR FORFEITURE
Adopted:  December 2, 2013 Released:  December 3, 2013
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 we find that Cadillac Telecasting Co. (the “Licensee”), licensee of 
Stations WFQX-TV and WFUP (the “Stations”), apparently willfully and/or repeatedly violated (i) 
Section 73.3526(e)(11)(iii) of the Rules by failing to file timely with the Commission the Stations’ 
Children’s Television Programming Reports2 and (ii) Section 73.3514(a) of the Rules by failing to report
the violations in its renewal application.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 nine 
thousand dollars ($9,000).
II. BACKGROUND:
2. Section 73.3526 of the Rules requires each commercial broadcast licensee to maintain a 
public inspection file containing specific types of information related to station operations.4 As set forth 
in subsection 73.3526(e)(11)(iii), each commercial television licensee is required to prepare and place in 
its public inspection file a Children’s Television Programming Report (FCC Form 398) for each calendar 
quarter reflecting, inter alia, the efforts that it made during that quarter to serve the educational and 
informational needs of children.  That subsection also requires licensees to file the reports with the 
Commission and to publicize the existence and location of the reports.  
3. Section 73.3514(a) of the Rules provides that “[e]ach application shall include all 
information called for by the particular form on which the application is required to be filed. . . .”  Section 
IV, Question 3 of the Form 303-S license renewal application requires licensees to certify “that the 
documentation, required by 47 C.F.R. Section 73.3526 . . . has been placed in the station’s public 
inspection file at the appropriate times.”  Section IV, Question 3 of the license renewal application 
requires licensees to certify that all documentation has been placed in the station’s public file at the 
  
1 47 U.S.C. § 503(b); 47 C.F.R. § 1.80.
2 See 47 C.F.R. § 73.3526(e)(11)(iii).
3 47 C.F.R. § 73.3514(a).
4 47 C.F.R. § 73.3526.
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appropriate times as required under Section 73.3526 of the Rules and requires the Licensee to submit an 
exhibit of explanation if it has failed to do so.
4. On May 20, 2013, the Licensee filed its license renewal application (FCC Form 303-S) 
for Station WFUP (the “WFUP Application”).5 The Licensee failed to report that Children’s Television 
Programming Reports were filed late for three quarters during the license period. That same day, the 
Licensee filed its renewal application for Station WFQX-TV (the “WFQX Application”).6 The Licensee 
failed to report that Children’s Television Programming Reports were filed late for three quarters during 
the license period.
III. DISCUSSION
5. The Licensee’s failure to file with the Commission in a timely manner its Children’s 
Television Programming Reports on behalf of both stations constitutes apparent willful and/or repeated 
violations of Section 73.3526(e)(11)(iii).  Moreover, the Licensee’s failure to report these violations in its 
renewal applications constitutes a violation of Section 73.3514 of the Commission’s Rules.7
6. 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 and/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.8 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.9 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,10 and the Commission has so interpreted the term in the Section 
503(b) context.11 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.”12  
7. The Commission’s Forfeiture Policy Statement and Section 1.80(b) of the Rules establish a 
base forfeiture amount of $3,000 for failure to file a required form or information.13 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.”14 In this case, the Licensee 
  
5 File No. BRCDT-20130521AFK.
6 File No. BRCDT-20130521AFH.
7 47 C.F.R. § 73.3514.
8 47 U.S.C. § 503(b)(1)(B); see also 47 C.F.R. § 1.80(a)(1).
9 47 U.S.C. § 312(f)(1).
10 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
11 See Southern California Broadcasting Co., 6 FCC Rcd at 4388.
12 47 U.S.C. § 312(f)(2). 
13 See Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the Forfeiture 
Guidelines, Report and Order, 12 FCC Rcd 17087, 17113-15 (1997) (“Forfeiture Policy Statement”), recon. denied, 
15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80(b), Section I.
14 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)(5); 
47 C.F.R. § 1.80(b), Section II.
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repeatedly failed to file the reports with the Commission in a timely manner for three quarters for each 
station during the license period, and we therefore conclude that the Station is apparently liable for a 
$3,000 forfeiture per station for these apparent violations.  We further find that the Licensee omitted 
information regarding violations from its renewal applications and is therefore liable for an additional 
$1,500 forfeiture for each station.15 We thus conclude that the Licensee is liable for a total forfeiture of 
$9,000 for these apparent violations.
IV. ORDERING CLAUSES
8. 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 Cadillac Telecasting Co. is 
hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of nine thousand 
dollars ($9,000) for its apparent willful and repeated violations of Sections 73.3526(e)(11)(iii) and 
73.3514  of the Commission’s Rules. 
9. 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, that Cadillac Telecasting Co. SHALL PAY the full 
amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation 
of the proposed forfeiture.  
10. 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).  
11. 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:  Peter Saharko, Attorney Adviser, 
Video Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above. We further 
request that an electronic copy of any response be sent via email to peter.saharko@fcc.gov.
12. 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. 
13. 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. 20554.16
  
15 Although the Licensee did not report the late-filed Children’s Television Programming Reports, the Licensee 
made a good faith effort to identify other deficiencies.  We therefore reduced the standard forfeiture of $3,000 for 
failure to report for each station.
16 See 47 C.F.R. § 1.1914.
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14. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and 
Certified Mail, Return Receipt Requested, to Cadillac Telecasting Co., P.O. Box 282, Cadillac, Michigan, 
49601-0232, and to its counsel, Gregg P. Skall, Esq., Womble Carlyle Sandridge & Rice PLLC, 1200 19th
Street NW, Suite 500, Washington, D.C. 20036-2421. 
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau