FCC 92-23 Federal Communications Commission Record Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Liability of Culpepper Communications. Inc., Licensee of Station WPFM(FM), Panama City. Florida for Forfeiture File No. BPH - 880817YA MEMORANDUM OPINION AND ORDER Adopted: January 17, 1992; Released: January 27, 1992 By the Commission: Commissioner Quello concurring. l. The Commission has before it for consideration a Notice of Apparent Liability (NAL) for forfeiture released August 10, 1990, to Culpepper Communications, Inc., licensee of Station WPFM(FM). In re Applications of Cer­ tain Broadcast Stations Serving Communities in the Miami, Florida Area (WPFM(FM)), 5 FCC Red 4893, 4896 (1990). The Notice of Apparent Liability for Forfeiture for $15,000 was issued for repeated failures to comply with the Commission·s affirmative action provisions. 47 C.F.R. Sections 73.2080 (b)(3), (b)(S), (c)(2) and (c)(5). 2. The NAL set out a record of inadequate EEO efforts. Review of the station's renewal application and inquiry response revealed that the licensee failed to recruit minor­ ities or analyze its efforts to recruit. hire. promote and retain minorities during the period under review. 3. Culpepper Communications. Inc. has not responded to the NAL. 4. Accordingly, IT IS ORDERED. pursuant to Section 503(b) of the Communications Act of 1934. as amended. 47 U.S.C. Section 503(bl, that Culpepper Communica­ tions, Inc. FORFEIT to the United States the sum of fifteen thousand dollars ($15.000) for failing to comply with the Commission's Affirmative Action provisions. 47 C.F.R. Sections 73.2080 (b)(3). (b)(5). (c)(2) and (c)(S). Full payment of the forfeiture may be made by mailing to the Commission a check or similar instrument payable to the Federal Communications Commission within 30 days of the release date of this Order. In regard to this for­ feiture proceeding, the licensee may take any of the ac­ tions set forth in Section 1.80 of the Commission's Rules, 47 C.F.R. Section 1.80 and Section 504(a) of the Commu­ nications Act of 1934, as amended, 47 U.S.C. Section 504(a), as summarized in the attachment to this Memo­ randum Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION Donna R. Searcy Secretary 842 7 FCC Red No. 3