Federal Communications Commission DA 15-1084
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Video Voice, Inc.
Licensee of Station WVVH-CD
Southampton, NY
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Facility ID No. 70158
NAL/Acct. No.: 201541420026
FRN:  0004934246
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:  September 28, 2015 Released: September 28, 2015
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 Video Voice, Inc. (the “Licensee”), licensee of Station WVVH-CD,
Southampton, New York (the “Station”), apparently willfully and/or repeatedly violated Section 
73.3526(e)(11)(iii) of the Rules
2
by failing to file with the Commission in a timely manner its Children’s 
Television Programming Reports for eight (8) quarters and Section 73.3514(a) of the Rules for failing to 
report these violations in its license 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 six thousand dollars ($6,000). 
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, place them in their public file by the tenth day of the succeeding calendar quarter, and
publicize the existence and location of the reports.
5
  
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. . . .”
6
  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 
                                                          
1
47 U.S.C. § 503(b); 47 C.F.R. § 1.80.
2
47 C.F.R. § 73.3526(e)(11)(iii).
3
47 C.F.R. § 73.3514(a).
4
See generally, 47 C.F.R. § 73.3526.
5
47 C.F.R. § 73.3526(e)(11)(iii).
6
47 C.F.R. § 73.3514(a).
Federal Communications Commission DA 15-1084
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inspection file at the appropriate times.”
7
  Section IV, Question 6 of the license renewal application 
requires licensees to certify that it has filed with the Commission its Children’s Television Programming 
Reports according to the requirements of Section 73.3526 of the Commission’s rules and requires the 
Licensee to submit a statement of explanation as an exhibit if the Licensee has failed to do so.
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4. On January 20, 2015, the Licensee filed its license renewal application (FCC Form 303-S) for 
the Station.
9
  Although the Licensee did not report the violations in its renewal application, a staff review 
of the Station’s online public file revealed that the Station did not file its Children’s Television 
Programming Reports for eight (8) quarters in a timely manner.
10
III. DISCUSSION
5. The Licensee’s failure to file electronically the Station’s Children’s Television Programming 
Reports in a timely manner for eight (8) quarters constitutes an apparent willful and/or repeated violation 
of Section 73.3526(e)(11)(iii) of the Rules.
11
The Licensee’s failure to report these violations constitutes 
an apparent willful and/or repeated violation of Section 73.3514(a).
12
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 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.
13
  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.
14
  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,
15
and the Commission has so interpreted the term in the Section 
503(b) context.
16
  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.”
17
  
7. The Commission’s Forfeiture Policy Statement and the note to Section 1.80(b)(8) of the 
Rules establishes a base forfeiture amount of $3,000 for failure to file a required form or information.
18
  
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)(E) of the Act, including “the nature, 
                                                          
7
FCC Form 303-S available at:  http://transition.fcc.gov/Forms/Form303-S/303s.pdf.
8
Id.
9
File No. BRDTA-20150120AIG.  
10
According to Commission records, the Licensee filed its Children’s Television Programming Reports late for the 
following eight quarters: (1) fourth quarter 2007 (days late); (2) first quarter 2008 (days late); (3) second quarter 
2009 (days late); (4) second quarter 2010 (months); (5) first quarter 2011 (days late); (6) second quarter 2011 (days 
late); (7) first quarter 2012 (days late); and (8) second quarter 2012 (days late).
11
47 C.F.R. § 73.3526(e)(11)(iii).
12
47 C.F.R. § 73.3514(a).
13
Id.; see also 47 C.F.R. § 1.80(a)(2).
14
47 U.S.C. § 312(f)(1).
15
See H.R. Rep. No. 97-765, 97
th
Cong. 2d Sess. 51 (1982).
16
See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
17
47 U.S.C. § 312(f)(2). 
18
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)(8), note to paragraph (b)(8), Section I.
Federal Communications Commission DA 15-1084
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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.”
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8. Based on our review of the facts and circumstances before us, we find that a forfeiture in the 
amount of $3,000 for failing to file its Children’s Television Programming Reports in a timely manner for 
eight (8) quarters is appropriate.  Furthermore, we find that a forfeiture in the amount of $3,000 for the 
Licensee’s failure to report the aforementioned violations in its renewal application is warranted.  
Accordingly, we find that the Licensee is apparently liable in the amount of $6,000 for its willful and/or 
repeated violations of Section 73.3526(e)(11)(iii) and 73.3514(a) of the Rules.
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9. We also find, pursuant to Section 309(k) of the Act,
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that the Licensee's apparent violation 
does not constitute a “serious violation” warranting designation for evidentiary hearing. Moreover, we 
find no evidence that the violations, when considered together, evidence a pattern of abuse.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 
1934, as amended, 47 U.S.C. § 503(b), and Section 1.80 of the Commission’s Rules, 47 C.F.R. § 1.80, 
that Video Voice, Inc., the licensee of Station WVVH-CD, Southampton, New York, is hereby 
NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars 
($6,000) for its apparent willful and/or repeated violations of Sections 73.3526(e)(11)(iii) and 
73.3514(a)of the Commission’s Rules, 47 C.F.R. §§ 73.3526(e)(11)(iii) and 73.3514(a). 
11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission’s Rules, 47 
C.F.R. § 1.80, that within thirty (30) days of the release date of this NAL Video Voice, Inc. SHALL PAY 
the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.
12. In the event that the Licensee wishes to revert WVVH-CD to low power television status, the 
Licensee need only notify us of this election and request a change in status for the station.
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  Should the 
Licensee elect to revert WVVH-CD to low power status, the Licensee would no longer be apparently 
liable for the forfeiture amount described herein.
13. Payments of the proposed forfeiture must be made by check or similar instrument, wire 
transfer, or credit card, and must include the FRN referenced above.  Regardless of the form of payment, 
a completed FCC Form 159 (Remittance Advice) must be submitted.
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   When completing the FCC Form 
159, enter the Account Number in block number 23A (call sign/other ID) and enter the letters “FORF” in 
                                                          
19
47 U.S.C. § 503(b)(2)(E); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100-01; 47 C.F.R. § 1.80(b)(8); 
47 C.F.R. § 1.80(b)(8), note to paragraph (b)(8), Section II.
20
47 C.F.R. §§ 73.3526(e)(11)(iii) and 73.3514(a).
21
47 U.S.C. § 309(k). Section 309(k) of the Act 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 Act or the Rules; and (3) there have been no other violations which, taken together, 
constitute a pattern of abuse, we are to grant the renewal application. 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, 47 U.S.C. § 309(e)—or grant the application “on terms and conditions that are appropriate, 
including a renewal for a term less than the maximum otherwise permitted.” 47 U.S.C. § 309(k)(2).
22
See 47 C.F.R. § 73.6001(d).
23
Payment may be made at the Commission’s online Fee Filer website: https://www.fcc.gov/encyclopedia/fee-filer. 
Payment may also be made by FCC Form 159; detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 15-1084
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block number 24A (payment type code).  Below are additional instructions you should follow based on 
the form of payment you select:
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? Payment by check or money order must be made payable to the order of the Federal 
Communications Commission.  Such payments (along with the completed Form 159) must be 
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000, 
or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 
1005 Convention Plaza, St. Louis, MO 63101.  
? Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and Account Number 27000001.  To complete the wire transfer and ensure 
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank at 
(314) 418-4232 on the same business day the wire transfer is initiated.  
? Payment by credit card must be made by providing the required credit card information on FCC 
Form 159 and signing and dating the Form 159 to authorize the credit card payment.   The 
completed Form 159 must then be mailed to Federal Communications Commission, P.O. Box 
979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank – Government 
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.  
14. The response, if any, must be mailed to Office of the Secretary, Federal Communications 
Commission, 445 12
th
Street, S.W., Washington, D.C. 20554, ATTN:  Evan S. Morris, Attorney-Advisor, 
Room 2-C827, Video Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced 
above.
15. 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.
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16. 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.
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17. IT IS FURTHER ORDERED that copies of this NAL shall be sent by First Class and 
Certified Mail, Return Receipt Requested, to Video Voice, Inc., P.O. Box 769, Wainscott, NY 11975 and 
to its counsel Jerold L. Jacobs, Esq., Law Office of Jerold L. Jacobs, 1629 K Street, NW, Suite 300, 
Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
                                                          
24
For questions regarding payment procedures, contact the Financial Operations Group Help Desk by phone at 1-
877-480-3201 or e-mail at ARINQUIRIES@fcc.gov.
25
See San Jose State Univ., 26 FCC Rcd 5908 (2011) (noting that, “[t]ypically, the Commission uses gross revenue 
as the primary measuring stick by which it evaluates a licensee's ability to pay. Other financial indicators may be 
considered….”).
26
See 47 C.F.R. § 1.1914.
Federal Communications Commission DA 15-1084
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Media Bureau