Federal Communications Commission                           DA 18-384
Before the
Federal Communications Commission
Washington, D.C. 20554
In re Application of  
Rufus Resources, LLC
For Renewal of License for Station KMFR(AM),
Pearsall, Texas
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Facility ID No. 52048
NAL/Acct. No. MB-201841410010
FRN:  0023542277
File Nos.  BRH-20170303AAN              
MEMORANDUM OPINION AND ORDER AND
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: April 17, 2018 Released: April 17, 2018
By the Chief, Audio Division, Media Bureau:
I.           INTRODUCTION
1. The Media Bureau (Bureau) has before it the captioned application (Application) of Rufus 
Resources, LLC (Licensee), for renewal of the license for Station KMFR(AM), Pearsall, Texas (Station).  
In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (NAL),
1
 we find 
that the Licensee apparently willfully violated Section 73.3539 of the Rules
2
 by failing to file a timely 
license renewal application for the Station, and apparently willfully and repeatedly violated Section 301 of 
the Act,
3
 by continuing Station operations after its license and special temporary authority (STA) had 
expired.  Based upon our review of the facts and circumstances before us, we conclude that Licensee is 
apparently liable for a monetary forfeiture in the amount of seven thousand dollars ($7,000).  
II.         BACKGROUND
2. Section 73.3539(a) of the Rules requires that applications for renewal of license for 
broadcast stations must be filed “not later than the first day of the fourth full calendar month prior to the 
expiration date of the license sought to be renewed.”
4
  An application for renewal of the Station’s license 
should have been filed by September 26, 2016, four months prior to the Station’s January 26, 2017, 
license expiration date,
5
 but was not.  Instead, on February 15, 2017, two weeks after the Station’s license 
expired, the Licensee filed a request for STA (STA Request), seeking authority to remain on the air 
1
 This NAL is issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (Act), 
and Section 1.80 of the FCC’s rules (Rules).  See 47 U.S.C. §§ 309(k), 503(b); 47 CFR § 1.80.  The Bureau has 
delegated authority to issue the NAL under Section 0.283 of the Rules.  See 47 CFR § 0.283.  
2
 See 47 CFR § 73.3539.
3
 47 U.S.C § 301.  
4
 47 CFR § 73.3539(a).
5
 During the previous round of radio station renewal filings and while the Station was licensed to a different entity, 
we renewed the Station’s license for a term of two years instead of a full term of eight years.  See Broadcast Actions, 
Public Notice, Report No. 48415 (Jan. 29, 2015); San Antonio Radioworks, LLC, Letter Order, Ref. 1800B3-TH 
(MB Jan. 26, 2015).  As a result, the Station faced an earlier deadline for filing its renewal application than other 
stations licensed to communities in Texas.  
Federal Communications Commission                           DA 18-384
2
despite the expiration of its license.
6
  In the STA Request, the Licensee indicated that it had acquired the 
Station on April 9, 2015, and “inadvertently and temporarily lost sight of the exact date by which a new 
application for renewal of license would be due.”  Licensee subsequently filed the Application on March 
3, 2017.  Licensee did not provide any explanation in the Application as to why the Application was 
untimely or why it had not been filed at the time of the STA Request.  Staff granted the STA Request on 
March 6, 2017, indicating that the authorization would expire “(1) 180 days from the date of [the] letter; 
or (2) upon action of the pending [Application], whichever is sooner” and that grant of the STA Request 
was “without prejudice to whatever action, if any, the staff deems appropriate in light of the failure to file 
a timely license renewal application for [the Station].”
7
  The Licensee did not request an extension of the 
STA, and it expired on September 2, 2017.  No subsequent request for STA has been filed.
III.         DISCUSSION
3. Proposed Forfeiture.  In this case, the Licensee failed to file a timely license renewal 
application for the Station, as required by Section 73.3539(a) of the Rules.  Moreover, the Licensee 
continued Station operations for over one month without authorization from the time its license had 
expired on January 26, 2017, to the time the staff granted the STA Request on March 6, 2017, in violation 
of Section 301 of the Act, and continued unauthorized Station operations after the expiration of the STA 
on September 2, 2017.  
4. This NAL is issued pursuant to Section 503(b)(1)(B) of the Act.  Under that provision, a 
person who is found 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.
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
  
5. The Commission's Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules 
establish a base forfeiture amount of $3,000 for the failure to file a required form.
12
  The guidelines also 
specify a base forfeiture amount of $10,000 for construction and/or operation without an instrument of 
authorization for the service.
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, 
6
 BLSTA-20170215AAU.  
7
 KMFR(AM), Pearsall, Texas, Letter Order, Ref. 1800B3 (MB Mar. 6, 2017).  
8
 47 U.S.C. § 503(b)(1)(B).  See also 47 CFR 1.80(a)(1).
9
 47 U.S.C. § 312(f)(1).
10
 See H.R. Rep. No. 97-765, 97
th
 Cong. 2d Sess. 51 (1982).
11
 See Southern California Broad. Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388, para. 5 (1991), 
recon. denied, 7 FCC Rcd 3454 (1992).
12
 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 CFR § 1.80(b)(4), note to paragraph (b)(4), Section I.
13
 A broadcast station requires an authorization from the Commission to operate.  See 47 U.S.C. § 301.
Federal Communications Commission                           DA 18-384
3
the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice 
may require.”
14
6. In this case, the Licensee failed to file a timely renewal application for the Station and 
continued Station operations for more than a month after the expiration of its license and before the staff 
granted the STA Request, and then continued unauthorized operations after the expiration of the STA.  
Nevertheless, because it had previously been licensed to operate the Station, the latter transgression is not 
comparable to “pirate” wireless operations, which typically have been subject to forfeitures of $10,000 or 
higher.  Taking into consideration all of the factors required by Section 503(b)(2)(D) of the Act and the 
Forfeiture Policy Statement, we propose a forfeiture for the full $3,000 amount for the failure to file a 
timely renewal application but reduce the proposed forfeiture for the unauthorized operation from the 
$10,000 base amount to $4,000.  Thus, we propose a forfeiture in the amount of seven thousand dollars 
($7,000).
15
     
7.  License Renewal Application.  In evaluating an application for license renewal, the 
Commission’s decision is governed by Section 309(k) of the Act.
16
  That section 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.
17
  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 – or grant the 
application “on terms and conditions that are appropriate, including a renewal for a term less than the 
maximum otherwise permitted.”
18
8.  We find that the Licensee’s apparent violations of Section 73.3539 of the Rules and 
Section 301 of the Act do not constitute “serious violations” warranting designation for evidentiary 
hearing.  Moreover, we find no evidence of violations that, when considered together, constitute a pattern 
of abuse.
19
  Further, based on our review of the license renewal application, we find that the Station served 
the public interest, convenience, and necessity during the subject license term.  We will therefore grant the 
license renewal application by separate action upon the conclusion of this forfeiture proceeding if there 
are no issues other than the apparent violation that would preclude grant of the application.    
14
 47 U.S.C. § 503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100, para. 53; 47 CFR 
§ 1.80(b)(4). 
15
 See, e.g., Chisholm Trail Commc’ns, LLC, Memorandum Opinion and Order and Notice of Apparent Liability for 
Forfeiture, 33 FCC Rcd 107 (MB 2018) ($7,000 forfeiture assessed where licensee was issued a two-year renewal, 
failed to timely file renewal application, and continued station operations after expiration of license).
16
 47 U.S.C. § 309(k).
17
 47 U.S.C. § 309(k)(1).  
18
 47 U.S.C. §§ 309(k)(2), 309(k)(3).
19 
For example, we do not find here that the Licensee's Station operation "was conducted in an exceedingly careless, 
inept and negligent manner and that the licensee is either incapable of correcting or unwilling to correct the operating 
deficiencies."  See Heart of the Black Hills Stations, Decision, 32 FCC 2d 196, 198, para. 6 (1971).  Nor do we find 
on the record here that "the number, nature and extent" of the violations indicate that "the licensee cannot be relied 
upon to operate [the station] in the future in accordance with the requirements of its licenses and the Commission's 
Rules."  Id. at 200, para. 11.  See also Center for Study and Application of Black Econ. Dev., Hearing Designation 
Order, 6 FCC Rcd 4622 (1991), Calvary Educ. Broad. Network, Inc., Hearing Designation Order, 7 FCC Rcd 4037 
(1992).
Federal Communications Commission                           DA 18-384
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IV.       ORDERING CLAUSES
9.   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 Rufus Resources, LLC, is hereby 
NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars 
($7,000) for its apparent willful violation of Section 73.3539 of the FCC’s Rules and apparent willful and 
repeated violation of Section 301 of the Communications Act of 1934, as amended. 
10.   IT IS FURTHER ORDERED, pursuant to Section 1.80 of the FCC’s Rules, that, within 
thirty (30) days of the release date of this NAL, Rufus Resources, LLC, SHALL PAY the full amount of 
the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.  
            11.   Payment of the proposed forfeiture must be made by check or similar instrument, wire 
transfer or credit card, and must include the NAL/Acct. No. and FRN No. referenced herein.  Regardless 
of the form of payment, a completed FCC Form 159 must be submitted.  When 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).  Licensee will also send electronic notification on the 
date said payment is made to Alexander.Sanjenis@fcc.gov and Michael.Wagner@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.
12.   The response, if any, must be mailed to Office of the Secretary, Federal Communications 
Commission, 445 12
th
 Street, S.W., Washington DC 20554, ATTN: Albert Shuldiner, Chief, Audio 
Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above.
13.   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. 
Federal Communications Commission                           DA 18-384
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14.   Requests for full payment of the forfeiture proposed in this NAL under the installment 
plan should be sent to: Associate Managing Director-Financial Operations, Federal Communications 
Commission, 445 12th Street, S.W., Room 1-A625, Washington, DC 20554.
20
15.  IT IS FURTHER ORDERED that a copy of this NAL shall be sent, by First Class and 
Certified Mail-Return Receipt Requested, to Rufus Resources, LLC, c/o David Martin Phillip, 210 North 
Panna Maria Avenue, Karnes City, TX 78118.
FEDERAL COMMUNICATIONS COMMISSION
 Albert Shuldiner
 Chief, Audio Division
 Media Bureau
20
 See 47 CFR § 1.1914.