Federal Communications Commission	DA 23-58

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554 

In the Matter of

Daniel S. Stratemeyer
Licensee of KZMA(FM), Naylor, Missouri, 

and 

WRIK(AM), Brookport, Illinois

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Facility ID 89496 
FRN: 0006178073 


Facility ID 63816
FRN: 0006178073
ORDER TO PAY OR TO SHOW CAUSE 

Adopted:  January 18, 2024	Released:  January 19, 2024
 
By the Chief, Media Bureau and the Managing Director, Office of Managing Director:

I. INTRODUCTION
1. By this Order to Pay or to Show Cause, we initiate a proceeding to revoke the licenses held by Daniel S. Stratemeyer (Licensee) for WRIK(AM), Brookport, Illinois, and KZMA(FM), Naylor, Missouri (Stations) respectively, for failure to pay delinquent regulatory fees and associated interest, administrative costs, and penalties owed to the Federal Communications Commission (Commission).  For the reasons set forth below, we direct Licensee to pay the overdue regulatory fees, including any associated interest, penalties, and administrative costs, or show cause why the payment demanded is inapplicable or should otherwise be waived or deferred.  
II. DISCUSSION
2. Under section 9 of the Communications Act of 1934, as amended (Act), and section 1.1151 of the Commission’s rules (Rules), the Commission is required to “assess and collect regulatory fees” to recover the cost of carrying out the functions of the Commission.” 47 U.S.C. § 159(a)(1); 47 CFR § 1.1151.  
  When the required payment is received late or is incomplete, the Commission must assess a penalty equal to “25 percent of the amount of the fee which was not paid in a timely manner.” 47 U.S.C. § 159A(c)(1); 47 CFR § 1.1164.
  
3.  For fiscal year (FY) 2010, the deadline for paying regulatory fees was August 31, 2010; Payment Methods and Procedures for Fiscal Year 2010 Regulatory Fees, Public Notice, DA 10-1450,  25 FCC Rcd  10670 (OMD August 9, 2011). 
 for fiscal year (FY) 2012, it was September 13, 2012; Payment Methods and Procedures for Fiscal Year 2012 Regulatory Fees, Public Notice, DA 12-1294, 27 FCC Rcd  9204 (OMD August 13, 2012).
 and for FY 2013, it was September 20, 2013. Payment Methods and Procedures for Fiscal Year 2013 Regulatory Fees, Public Notice, DA 13-1796, 28 FCC Rcd 12635 (OMD September 4, 2013).
 When Licensee failed to pay or only partially paid its regulatory fees by these deadlines, the Commission assessed charges that included the statutory late payment penalty required by the Act 47 U.S.C. § 159(c)(3) (1993); 47 U.S.C. § 159A(c)(1) (2018).  The RAY BAUM’S Act, Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018, Pub. L. No. 115-141, 132 Stat. 348, 1095, modified section 9 of the Act and added a new section 9A.  Prior to October 1, 2018, when the RAY BAUM’S Act became effective, section 9(c)(1) set forth the penalties for late payment of regulatory fees.  As amended by the RAY BAUM’s Act, section 9A(c)(1) now sets forth those penalties.
 and section 1.1164 of the Rules, 47 CFR § 1.1164.
 and interest, penalties, and administrative costs required by section 3717 of the Debt Collection Improvement Act of 1996 (the DCIA), section 9A(c)(2) of the Act and section 1.1940 of the Rules. 31 U.S.C. § 3717; 47 U.S.C. § 159A(c)(2); 47 CFR § 1.1940.

4. The Commission’s records show that Licensee currently has unpaid regulatory fee debt for WRIK(AM) of $4,366.06 for FY 2010; $4,385.37 for FY 2012; and $4,369.89 for FY 2013; and for KZMA(FM) of $3,995.36 for FY 2010; $3,912.93 for FY 2012; and $3,920.09 for FY 2013. Additional charges will continue to accrue on these debts until they are paid in full.  The Commission sent Licensee demand letters in accordance with the requirements of the DCIA demanding  payment of Licensee’s delinquent regulatory fees. See 31 U.S.C. § 3711; 31 CFR § 901.2.  In addition to the demand letters, the Media Bureau notified Licensee of its delinquency in paying the regulatory fees owed by the Licensee.  Emails from Robin Lott, Audio Division, FCC Media Bureau to Daniel S. Stratemeyer (Apr. 6, 2023 8:41 AM EDT and 11:26 AM EDT).
  When Licensee did not pay these regulatory fee debts, the Commission transferred all of the foregoing regulatory fee debts to the United States Department of Treasury (Treasury) for collection. See 31 U.S.C. § 3711(g); 31 CFR §§ 285.12(c), 901.1; 47 CFR § 1.1917.
  At the Commission’s request, the United States Department of Treasury has returned those regulatory fee debts to the Commission for further collection.  Additionally, please note that our records show there is an overpayment of $2,613.03 under this FRN, The overpayment consists of $2,613.03 made by Licensee to the Treasury that included Treasury fees.  When the Treasury returned the Licensee’s regulatory fee debts to the Commission, it also sent the $2,613.03 to the Commission. 
 which the Commission will apply to reduce Licensee’s delinquent regulatory fee debt, upon written instruction from Licensee. Licensee may request that the Commission apply the $2,613.03 payment to reduce its delinquent regulatory fee debt by electronic transmission to Cheryl.Collins@fcc.gov or Theresa.Meeks@fcc.gov.  Licensee must include its FRN in the request. Upon receipt of the request, the Commission will apply the $2,613.03 to Licensee’s delinquent debt in accordance with 47 CFR § 1.1940(f).       

5. The Commission has authority under section 9A(c)(4) of the Act and section 1.1164(f) of the Rules to revoke licenses and authorizations for failure to pay regulatory fees (or related interest and penalties) in a timely fashion.  Accordingly, we require Licensee to file with the Media Bureau documented evidence within sixty (60) calendar days of the date of this Order that full payment of all outstanding regulatory fee debt has been made or show cause why the payment is inapplicable or should be waived or deferred. The Commission may waive, reduce, or defer payment of fee debt where good cause is shown and where waiver, reduction or deferral would promote the public interest.  The Commission interprets this provision narrowly, granting relief only when a requesting party has shown extraordinary circumstances outweighing the public interest in recovering the cost of the Commission’s regulatory services.  A party seeking a waiver for financial hardship must conclusively prove financial hardship, providing copies of all such financial documents as are necessary to show that it lacks sufficient funds to pay its regulatory fees and maintain its service to the public.  Assessment and Collection of Regulatory Fees for Fiscal Year 2019, MD Docket 19-105, Report and Order and Further Notice of Proposed Rulemaking, 34 FCC Rcd 8189, 8207-08, paras. 49-51 (2019).
  Licensee is hereby notified that failure to provide such evidence of payment or to show cause within the time specified may result in revocation of Licensee’s license for the Stations.  Additionally, in order to apply the overpayment to an outstanding balance, Licensee must instruct the Commission to what debt the overpayment should be applied.
6. Under section 9A(c)(4)(C) of the Act and section 1.1164(f) of the Rules, 47 U.S.C. § 159A(c)(4)(C)(i); 47 CFR § 1.1164(f)(1).
 an adjudicatory hearing will not be designated unless Licensee presents a substantial and material question of fact.  Further, disposition of any adjudicatory hearing will be based upon written evidence only, and Licensee will bear the burden to introduce evidence and to provide proof in any such hearing. 47 U.S.C. § 159A(c)(4)(C)(ii); 47 CFR § 1.1164(f)(2).
 Unless the Licensee substantially prevails in the hearing, the Commission may assess the Licensee for the costs of such hearing. 47 U.S.C. § 159A(c)(4)(C)(ii)(iii) ; 47 CFR § 1.1164(f)(3).

7. To the extent that Licensee is a respondent in other administrative proceedings, both before this agency and other federal agencies, action in this proceeding is without prejudice to action in those proceedings.  Further, the existence of any such proceedings and matters raised therein are not considered in this proceeding. 
III. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to section 9A(c)(4) of the Act and sections 0.11, 0.61, 0.231, 0.283 and 1.1164(f) of the Rules, 47 U.S.C. § 159A(c)(4); 47 CFR §§ 0.11, 0.61, 0.231, 0.283 and 1.1164(f).
 Daniel S. Stratemeyer is hereby ORDERED TO PAY TO THE FEDERAL COMMUNICATIONS COMMISSION within sixty (60) calendar days of the date of this Order the outstanding regulatory fees for FYs 2010, 2012, and 2013, OR SHOW CAUSE to the Commission within sixty (60) calendar days of the date of this Order why these regulatory fees are inapplicable or should otherwise be waived or deferred.  
9. IT IS FURTHER ORDERED that payment of the delinquent regulatory fee debt must be made through the Commission’s Registration System (CORES) https://apps.fcc.gov/cores/userLogin.do
 or by wire transfer, and must include the FRNs referenced above.  Additional wire transfer instructions are as follows: 
ABA Routing Number 021030004

Receiving Bank:
TREAS NYC
33 Liberty St.
New York, NY 10045

(BNF) Beneficiary: FCC
Account #: 27000001
OBI Field (skip one space between each information item)

Daniel S. Stratemeyer must provide the Payer FRN (if different than the FRN referenced above) and a contact phone number.   
Daniel S. Stratemeyer must fax a copy of the wire transfer confirmation to the FCC at (202) 418-2843 or send the wire transfer confirmation copy to the FCC via email to RROGWireFaxes@fcc.gov on the same day the wire transfer is initiated.
10. IT IS FURTHER ORDERED that Daniel S. Stratemeyer must submit a completed FCC Form 159 (Remittance Advice) at the time of payment.  The FCC Form 159 must be faxed to the FCC at (202) 418-2843.  An FCC Form 159 and detailed instructions for completing the form may be obtained at http://www/fcc.gov/Forms/Forms 159/159.pdf.  When completing the FCC Form 159, Daniel S. Stratemeyer must enter its FRN in block number 23A (call sign/other ID) and enter the following payment codes for the fiscal years involved in block number 24A (payment type code): for WRIK(AM), 1037 (for FY 2010); 1237 (for FY 2012); and 1337 (for FY 2013); and for KZMA(FM), 1042 (for FY 2010); 1242 (for FY 2012); and 1342 (for FY 2013).
11. Any written response must include a detailed factual statement supported by appropriate documentation and affidavits pursuant to section 1.16 of the Commission’s rules. 47 CFR § 1.16.
  The written response must be filed with the Office of the Secretary, Federal Communications Commission, 45 L Street NE, Washington DC 20554, ATTN: Albert Shuldiner, Chief, Audio Division, Media Bureau.  Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail.  All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings.  This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19.  See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Filing, Public Notice, 35 FCC Rcd 2788 (2020).
 A courtesy copy emailed to Alexander.Sanjenis@fcc.gov will assist in processing the response.
· Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. 
· Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street, NE, Washington, DC 20554.
12. IT IS FURTHER ORDERED that a copy of this Order shall be sent by registered mail, return receipt requested, to Daniel S. Stratemeyer, c/o Jason D. Crockett, P.O. Box 62960-4903, Metropolis, IL  62960-4903.

FEDERAL COMMUNICATIONS COMMISSION

					
Holly Saurer
Chief, Media Bureau




Mark Stephens, 
Managing Director, Office of Managing Director
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