Federal Communications Commission                           DA 16-801
Before the
Federal Communications Commission
Washington, D.C. 20554
In re Application of  
LAKE COUNTY COMMUNITY RADIO 
For Renewal of License for
Station KPFZ-FM
Lakeport, California
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Facility ID No. 90952
NAL/Acct. No. MB-201641410010
FRN: 0017356817
File No. BRED-20130916AAA
FORFEITURE ORDER
Adopted:  July 15, 2016 Released: July 15, 2016
By the Chief, Audio Division, Media Bureau:
I.           INTRODUCTION
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of one
thousand five hundred dollars ($1,500) to Lake County Community Radio (Licensee), licensee of Station 
KPFZ-FM, Lakeport, California (Station), for willfully violating of Section 73.3539 of the FCC Rules 
(Rules)
1
by failing to timely file its license renewal application for the Station.  
II.         BACKGROUND
2. On May 27, 2016, the Media Bureau (Bureau) issued a Memorandum Opinion and Order 
and Notice of Apparent Liability for Forfeiture in the amount of one thousand five hundred dollars
($1,500) to Licensee for its failure to timely file the Station’s renewal application.
2
  As noted in the NAL, 
Licensee’s renewal application was due on August 1, 2013, four months prior to the expiration date of the 
license.
3
  Licensee did not file the application until September 16, 2013, and failed to provide an 
explanation for the untimely filing.  The NAL further noted that the Commission would not consider 
further reducing or canceling the forfeiture in response to a claim of inability to pay unless the respondent 
submitted financial documentation supporting its claim.
4
3. Licensee filed a response to the NAL
5
(Response) on June 22, 2016.  In the Response,
Licensee explains that “a few weeks” after submitting what it thought was a completed and timely license 
renewal application, “[it] received a call from [Bureau] staff indicating additional information was needed 
on the application.”
6
  According to Licensee, September 16, 2013 “is about the time [it was] contacted by 
                                                     
1
47 CFR § 73.3539.
2
Lake County Cmty. Radio, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, DA 
16-595 (MB May 27, 2016) (NAL).
3
See 47 CFR. §§ 73.1020, 73.3539(a).
4
The Bureau specifically requested: “(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.”  NAL at 3, para. 13. 
5
See Letter from Chloe Karl, President LCCR Board of Directors, Lake County Community Radio, to Peter H. 
Doyle, Chief, Audio Division, Media Bureau (June 22, 2015) (Response). 
6
Response at 1. 
Federal Communications Commission                           DA 16-801
2
[Bureau] personnel, not the actual date of [its] submittal.”
7
  Licensee claims that after receiving and 
following the advice of various Commission staffers, it “assumed everything was in order.”
8
Licensee 
indicates that the Station is in “one of the poorest counties in California” and relies entirely on local 
funding.
9
  The Licensee explains that “reaching into [its] additional funds in the current economic climate
would be an unfortunate burden,” and it cannot rely on additional funding from its supporters because 
many public donations are going towards a recent wildfire emergency.
10
In light of this, Licensee 
requests that the Commission reduce or cancel the proposed forfeiture.
III.       DISCUSSION
4. The forfeiture amount proposed in this case was assessed in accordance with Section 
503(b) of the Communications Act of 1934, as amended (the Act),
11
Section 1.80 of the Rules,
12
and the 
Commission’s Forfeiture Policy Statement, which establish a base forfeiture amount of $3,000 for the 
failure to file a required form.
13
  In assessing forfeitures, Section 503(b)(2)(E) of the Act requires that we 
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 such other matters as 
justice may require.
14
  
5. Licensee asserts that it submitted “what [it] thought was a completed and timely license 
renewal application” prior to September 16, 2013.
15
The staff has reviewed the Licensee’s account in the 
Commission’s database, CDBS, and determined that two separate renewal applications were begun on 
August 27, 2013, but neither was filed—one application is in “Valid” status and the other is in “Pending” 
status.  The renewal application that was actually submitted was begun on Friday, September 13, 2013 
and filed on Monday, September 16, 2013.  Based on the explanation provided in its Response and our 
review of CDBS, it appears that Licensee misunderstood our electronic filing procedures and erroneously 
assumed that it submitted a timely filed renewal application when it began the renewal applications on 
August 27, 2013.  Therefore, the failure to timely file the renewal application was due to Licensee’s own 
error.
16
   
6. As the Commission has held, violations resulting from inadvertent error or failure to 
become familiar with the FCC's requirements are willful violations.
17
Moreover, the Commission has 
                                                     
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Id.. 
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Id.. 
9
Id..
10
Id.
11
47 U.S.C. § 503(b).
12
47 CFR § 1.80. 
13
The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).  
(Forfeiture Policy Statement).  
14
47 U.S.C. § 503(b)(2)(E).
15
Response at 1. 
16
We note that even if the renewal application was completed and properly filed on August 27, 2016, the 
application would have still been untimely.
17
See S. California Broad. Co.,Memorandum Opinion and Order, 6 FCC Rcd 4387, 4387 (1991), recon. denied, 7 
FCC Rcd 3454 (1992) (stating that “inadvertence ... is at best, ignorance of the law, which the Commission does not 
consider a mitigating circumstance”); Standard Comm’cns Corp.,Memorandum Opinion and Order, 1 FCC Rcd 
358, 358 (1986) (stating that “employee acts or omissions, such as clerical errors in failing to file required forms, do 
not excuse violations”).
Federal Communications Commission                           DA 16-801
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specifically ruled that confusion or difficulties with the Commission's electronic filing system are not 
grounds for reduction or cancellation of a forfeiture.
18
  Accordingly, we find this argument without merit.
7. Licensee next argues that the forfeiture amount should be reduced or cancelled because it 
sought and acted in accordance with advice of Commission staff.
19
  According to Licensee, it “assumed 
everything was in order,” because it promptly complied when the Bureau staff requested that it provide 
additional information for the application on September 16, 2013, and again sometime in May of 2014.
20
  
However, Commission precedent has established that parties relying on informal discussions with 
Commission staff do so at their own risk, and reliance on such advice will not reduce the forfeiture 
amount.
21
Accordingly, we decline to reduce the forfeiture amount on this basis.   
8. Licensee makes several arguments as to why the forfeiture should be cancelled or 
reduced based on financial hardship to the Station.  We reject the claim of financial hardship due to 
Licensee’s failure to document that claim.
22
  The Commission will not consider reducing or canceling a 
forfeiture in response to financial hardship unless the licensee submits:  (1) federal tax returns for the 
most recent three-year period; (2) financial statements prepared according to generally accepted 
accounting practices; or (3) some other reliable and objective documentation that accurately reflect the 
licensee's current financial status.
23
  In this case, the NAL plainly described the type of documentation 
needed to support a claim of financial hardship.
24
  We also note that the staff contacted Licensee’s board 
members by e-mail on two separate occasions—June 22, 2016, and June 30, 2016—requesting that 
Licensee provide documentation supporting its claim of financial hardship, but received no response.
25
  
Because Licensee has not provided any such documentation, we will not reduce the forfeiture based on 
financial hardship.
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9. We have considered the Licensee’s response to the NAL in light of the above statutory 
factors, our Rules, and the Forfeiture Policy Statement.  We conclude that the Licensee willfully violated 
                                                     
18
See Ritenour Consol. School Dist., Forfeiture Order, 25 FCC Rcd 3266, 3267, para. 5 (MB 2010) (Ritenour)
(rejecting applicant’s argument that it thought renewal application was timely filed because it was in “pending” 
status); Muskegon Training and Educ. Center, Forfeiture Order, 23 FCC Rcd 11241, 11242-43, para. 6 (MB 2008)
(same).
19
Response at 1. 
20
Id.
21
Ritenour at 3268, para. 6.
22
See, e.g., Peconic Public Broad., Forfeiture Order, 31 FCC Rcd 1904, 1906, para. 5 (MB March 7, 2016)
(forfeiture not reduced where licensee provided no documentation regarding its ability to pay), aff’d Peconic Public 
Broad., Memorandum Opinion and Order, DA 16-716 (MB June 23, 2016); Paulino Bernal Evangelism, 
Memorandum Opinion and Order, 21 FCC Rcd 9532, 9536, para. 15 (EB 2006) (holding that “the argument that 
payment of a forfeiture would limit Evangelism's ‘ability to generate programming in the public interest’ is, in 
effect, a claim of financial hardship for which licensee had not provided the required documentation”), modified, 23 
FCC Rcd 15959 (2008).
23
See Discussion Radio, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 19 FCC Rcd 
7433, 7441, para. 28 (2004), modified, Memorandum Opinion and Forfeiture Order, 24 FCC Rcd 2206 (MB 2009) 
(reducing forfeiture amount based on financial hardship).  
24
See NAL at 3, para. 13. 
25
E-mail from Alexander Sanjenis, Attorney Advisor, Audio Division, Media Bureau, FCC to Chloe Karl, President 
LCCR Board of Directors, Lake County Community Radio (June 22, 2016, 17:32 EDT); E-mail from Alexander 
Sanjenis, Attorney Advisor, Audio Division, Media Bureau, FCC to Chloe Karl, President LCCR Board of 
Directors, Lake County Community Radio (June 30, 2016 8:21 EDT). 
26
See, e.g., Westport Board of Educ., Forfeiture Order, 26 FCC Rcd 1088, 1089-90, para. 6 (MB 2011) (proposed 
forfeiture not reduced where licensee provided no documentation regarding its ability to pay).
Federal Communications Commission                           DA 16-801
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Section 73.3539 of the Rules, and we find that there is no basis for reduction of the proposed monetary 
forfeiture.    
10. We will grant the captioned application for renewal of the Station's license by separate 
action upon the conclusion of this forfeiture proceeding if there are no issues other than the violations 
discussed here that would preclude grant of the application.
IV.      ORDERING CLAUSES
11. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act 
of 1934, as amended, and Sections 0.283 and 1.80 of the FCC’s Rules,
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that Lake County Community 
Radio SHALL FORFEIT to the United States the sum of one thousand five hundred dollars ($1,500) for 
willfully violating Section 73.3539 of the FCC’s Rules.
12. Payment of the proposed forfeiture must be made by a check or similar instrument, wire 
transfer or credit card and include the Account Number and FRN referenced in the caption above.  
Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted.  
When completing the FCC Form 159, enter the Account Number in block number 23A (callsign/other ID) 
and enter the letters “FORF” in block number 24A (payment type code).  Licensee will also send 
electronic notification on the date said payment is made to Penelope Dade at Penelope.Dade@fcc.gov and 
Alexander Sanjenis at Alexander.Sanjenis@fcc.gov.  Below are additional instructions that should be 
followed based on the form of payment selected: 
? 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.
                                                     
27
47 U.S.C. § 503(b); 47 CFR §§ 0.283, 1.80.
Federal Communications Commission                           DA 16-801
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Requests for payment of the full amount of the forfeiture under an installment plan should be sent to:  
Associate Managing Director-Financial Operations, Room 1-A625, 445 12
th
Street, S.W., Washington, 
DC 20554.
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13. IT IS FURTHER ORDERED, that copies of this Forfeiture Order shall be sent by 
Certified Mail Return Receipt Requested and by First Class Mail, to Ms. Chloe Karl, Lake County 
Community Radio, P.O. Box 446, Lakeport, CA 95453.
FEDERAL COMMUNICATIONS COMMISSION
Peter H. Doyle
Chief, Audio Division 
Media Bureau
                                                     
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Id.