Federal Communications Commission	DA 24-188


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

In re Application of  

Cascade Community Radio

For Renewal of License for
Low Power FM Station KVRN-LP
Portland, Oregon 
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Facility ID No. 196380
NAL/Acct. No. MB-202441410004
FRN:  0017039645
File No. 0000226531

ORDER

Adopted:  February 29, 2024	Released:  February 29, 2024

By the Chief, Audio Division, Media Bureau:

I. INTRODUCTION 
1. The Media Bureau (Bureau) has before it a request to cancel a Notice of Apparent Liability (NAL) Cascade Community Radio, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, DA 24-28 (MB Jan. 11, 2024) (NAL).
 issued to Cascade Community Radio (Licensee), licensee of Station KVRN-LP, Portland, Oregon (Station), for apparently willfully violating section 73.3539 See 47 CFR § 73.3539.
 of the Commission’s rules (Rules) by failing to timely file a license renewal application for the Station, as ordered by a short-term renewal letter. Cascade Community Radio, Letter Order, Ref 1800B3-ATS (MB Feb. 1, 2023) (Short Term Renewal Letter); see also Application File No. 0000162477 (Renewal of License, filed Oct. 1, 2021), Attach. “2023-02-01 KVRN-LP Short Term Letter.pdf”.
  As discussed below, we cancel the forfeiture and instead admonish Licensee for the violation.
II. BACKGROUND
2. The Commission’s base forfeiture amount for the failure to file a required form is $3,000. 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)(11), note to paragraph (b)(11), section I.
  In the NAL, the Bureau proposed a reduced forfeiture amount of $1,500 based upon the specific circumstances of this case. As an LPFM station, the Station is providing a secondary service.  See, e.g., La Casa de la Raza, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, DA 22-195 (MB Feb. 25, 2022) and Virginia Center for Public Press, Memorandum Opinion and Order and Notice of Apparent Liability, 34 FCC Rcd 9312 (MB 2019) (proposing $1,500 forfeitures for untimely filed renewal applications for LPFM stations).
  Licensee was instructed to provide a response within thirty days of receipt of the NAL. NAL at 3.
  The Bureau received Licensee’s response on February 9, 2024. Letter from Joshua Kretzmann, Board Member, Cascade Community Radio, to Albert Shuldiner, Chief, Audio Division, FCC Media Bureau (Feb. 5, 2024) (NAL Response). 
  Licensee requests cancellation of the NAL due to inability to pay. Id.  Licensee also submits a number of arguments regarding the Station’s short term renewal, which are unrelated to cancellation or reduction of the NAL.  Accordingly, they are not addressed in this Order.

III. DISCUSSION
3. As noted in the NAL, the Commission will not consider reducing or cancelling a forfeiture in response to claimed 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; or (3) some other reliable and objective documentation that accurately reflects the respondent's current financial status. See NAL at 4, para. 12; Discussion Radio, Inc., Memorandum Opinion and Oder, 19 FCC Rcd 7433, 7441, para. 28 (2004), forfeiture reduced on recon., 24 FCC Rcd 2206 (MB 2009).
  We accept Licensee’s showing that payment of the proposed forfeiture would create a financial hardship.  Licensee argues the proposed forfeiture amount exceeds its ability to pay, and  submits three years of Form CT-12 financial submissions to the Oregon Department of Justice, Charities Division, from 2020 through 2022, because Licensee is not a registered 501(c)(3) nonprofit corporation and therefore does not file federal tax returns. NAL Response at 1-2 and Attachs. A and B.
  Licensee’s financial submissions, and the declaration of Joshua Kretzmann, board member, indicate that Licensee operated without any income from 2020 through 2022. Id.  
  Accordingly, we will cancel the proposed forfeiture.  However, we admonish Licensee for its willful violation of section 73.3539 of the Rules. See Corning Christian Radio Corporation, Order, 37 FCC Rcd 13300 (2022) (admonishing licensee for willful violation of the Commission’s rules, and cancelling the $1,500 forfeiture due to demonstrated inability to pay). 

IV. ORDERING CLAUSES
4. Accordingly, IT IS ORDERED that, pursuant to section 504(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 504(b).
  and sections 0.61, 0.283, and 1.80(f)(4) of the Commission’s rules, 47 CFR §§ 0.61, 0.283, 1.80(f)(4).
  the Notice of Apparent Liability for a Forfeiture (NAL/Acct. No. MB-202441410004) issued to Cascade Community Radio IS CANCELLED and that Cascade Community Radio is instead HEREBY ADMONISHED for its violation of section 73.3539 of the Commission’s rules.
5. IT IS FURTHER ORDERED that copies of this Order shall be sent by First Class and Certified Mail, Return Receipt Requested, to Cascade Community Radio, c/o Joshua Kretzmann, 3801 SE 153rd Ave., Portland, OR 97236.

						FEDERAL COMMUNICATIONS COMMISSION




						Albert Shuldiner
						Chief, Audio Division
						Media Bureau

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