Federal Communications Commission	DA 18-609

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

Southeast Texas Telecom, LLC

Licensee of Station KLLS(AM),
Beaumont, TX
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Facility ID No. 31108
NAL/Acct. No. MB-201841410011
FRN: 0024528804
File No. BR-20170809AAS
FORFEITURE ORDER

Adopted: June 12, 2018	Released: June 12, 2018

By the Chief, Audio Division, Media Bureau:

I. INTRODUCTION
1. In this Forfeiture Order, we issue a monetary forfeiture in the amount of one thousand, five hundred dollars ($1,500) to Southeast Texas Telecom, LLC (Licensee), licensee of Station KLLS(AM), Beaumont, Texas (Station), for willfully violating Section 73.3539 of the FCC’s rules (Rules) by failing to timely file a license renewal application for the Station.
II. BACKGROUND
2. On March 28, 2018, the Bureau issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of one thousand, five hundred dollars ($1,500) to Licensee for this violation. Southeast Texas Telecom, LLC, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, DA 18-307 (MB Mar. 28, 2018).  
  As noted in the NAL, Licensee’s renewal application for the Station’s previous license term was due on April 3, 2017, four months prior to the August 10, 2017, expiration date. See 47 CFR §§ 73.1020, 73.3539(a).  
  Licensee did not file a renewal application until August 9, 2017, almost four months after the filing deadline and one day before the Station’s license expiration date.  Licensee provided no explanation for the untimely filing of the application.  No response to the NAL has been filed.
III. DISCUSSION
3. The forfeiture amount proposed in this case was assessed in accordance with Section 503(b) of the Communications Act of 1934, as amended (Act), 47 U.S.C. § 503(b).
 Section 1.80 of the Rules, 47 CFR § 1.80. 
 and the Commission’s Forfeiture Policy Statement. 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).  
  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. 47 U.S.C. § 503(b)(2)(E).
  
4. We conclude that Licensee willfully 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.  47 U.S.C. § 312(f)(1).  The legislative history of Section 312(f)(1) of the Act clarifies that this definition of willful applies to Sections 312 and 503(b) of the Act, H.R. REP. No. 97-765, 51 (Conf. Rep.), and the Commission has so interpreted the terms in the Section 503(b) context.  Southern Cal. Broad. Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4387-88, para. 5 (1991).
 violated Section 73.3539 of the Rules and that no circumstances warrant reduction or cancellation of the forfeiture.  We will withhold grant of the renewal application until Licensee has completed payment of the forfeiture.
IV. ORDERING CLAUSES
5. 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 Rules, 47 U.S.C. § 503(b); 47 CFR §§ 0.283, 1.80.
 that Southeast Texas Telecom, LLC, SHALL FORFEIT to the United States the sum of one thousand, five hundred dollars ($1,500) for willfully violating Section 73.3539 of the Rules. 
6. Payment of the 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 Michael Wagner at Michael.Wagner@FCC.GOV and Alexander Sanjenis at Alexander.Sanjenis@FCC.GOV.  Failure to do so will result in additional delay of processing the Application.  Below are additional instructions that should be followed based on the form of payment selected: 
Ÿ	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.

Ÿ	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.

Ÿ	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.

7. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent, by First Class and Certified Mail-Return Receipt Requested, to Mr. Christopher W. Boone, Southeast Texas Telecom, LLC, P.O. Box 22235, Beaumont, TX 77720.
						FEDERAL COMMUNICATIONS COMMISSION



			Albert Shuldiner
			Chief, Audio Division 
Media Bureau
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