**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+-----------------------------------+---+-------------------------------+
| In the Matter of                  | * | File Number EB-02-KC-783      |
|                                   | * |                               |
| Union Broadcasting, Inc.          | ) | NAL/Acct. No.200332560010     |
|                                   | * |                               |
| Licensee of:                      | * | FRN 0005-0276-02              |
|                                   |   |                               |
| AM Broadcast Station WHB          | * |                               |
|                                   | * |                               |
| AM Broadcast Station KCTE         | ) |                               |
|                                   | * |                               |
| Overland Park, Kansas             | * |                               |
|                                   |   |                               |
|                                   | * |                               |
|                                   | * |                               |
|                                   | ) |                               |
|                                   | * |                               |
|                                   | * |                               |
|                                   |   |                               |
|                                   | * |                               |
|                                   | * |                               |
|                                   | ) |                               |
|                                   | * |                               |
|                                   | * |                               |
|                                   |   |                               |
|                                   | * |                               |
|                                   | * |                               |
|                                   | ) |                               |
|                                   | * |                               |
|                                   | * |                               |
|                                   |   |                               |
|                                   | * |                               |
|                                   | * |                               |
|                                   | ) |                               |
|                                   | * |                               |
|                                   | * |                               |
+-----------------------------------+---+-------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released:** February 18, 2003

By the Enforcement Bureau, Kansas City Office:

**I.** **INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    Union Broadcasting, Inc. ("Union"), licensee of AM Broadcast station
    KCTE, Independence, Missouri and AM Broadcast station WHB, Kansas
    City, Missouri, apparently liable for a forfeiture in the amount of
    eighteen thousand dollars (\$18,000) for willful and repeated
    violation of the terms of the KCTE station authorization and
    Sections 73.1745(a) and 73.3526(c) of the Commission\'s Rules
    ("Rules").[^1] Specifically, we find Union Broadcasting, Inc.
    apparently liable for operation with modes and during hours not
    specified in the KCTE station authorization and for failure to make
    the public inspection file available to the public and to the FCC.

**II. BACKGROUND**

2.  On October 7, 1999, the FCC, Kansas City Office issued a Notice of
    Violation ("NOV") to Union Broadcasting, Inc. for violation of 47
    C.F.R. §73.1745. Specifically, station KCTE operated with modes and
    hours of operation not specified by the KCTE station authorization.

3.  On November 14, 2002, the FCC, Kansas City Office received a
    complaint from a private citizen living in Independence, Missouri.
    The complaint specified that station KCTE frequently remained on the
    air at night with a carrier which interfered with the complainants'
    ability to receive adjacent channel AM stations. The complainant
    later stated in a telephone interview that he had complained
    directly to KCTE regarding the nighttime operation but had received
    a "runaround."

4.  During the period of November 14‑17, 2002, the FCC, Kansas City
    Office monitored KCTE, 1510 kHz in the Independence, Missouri area.
    This monitoring revealed that even though KCTE discontinued
    programming at approximately 5 p.m. and stopped transmitting,
    shortly after 5 p.m. on November 14, and November 15, 2002, the
    transmitter again came on the air at a reduced signal level and
    radiated without programming throughout the night. On the night of
    November 16, 2002, transmission stopped at approximately 5 p.m and
    remained off that night.

5.  On November 19, 2002, an Agent with FCC, Kansas City Office, spoke
    with the person who filed the complaint and they confirmed that the
    station was off the air the night of November 16, 2002, but
    indicated the station was back on the air the night of November 18,
    2002.

6.  On November 20, 2002, an Agent with FCC, Kansas City Office,
    inspected radio stations KCTE and WHB at the main studio location
    for both stations at 6721 W. 121^st^ St., Overland Park, Kansas.
    This inspection noted several violations including:

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a.  The public inspection file for both WHB and KCTE was not available
    to the public or to the FCC agent at the time of inspection. It was
    locked in the office of a station employee who was not present at
    the station at that time. According to the station manager, the
    normal business hours for the main studio are 8:00 a.m. to 5:30
    p.m., Monday through Friday. The inspection occurred on a Wednesday
    beginning at approximately 9:10 a.m. and ending at approximately
    11:40 a.m. At no time during this period was the public file
    available for inspection.

b.  Concerning the transmitter operation at night by KCTE, the station
    manager stated he did not know if, or how, or when, transmitter
    readings were being taken on station KCTE. No operator was
    monitoring the power or directional parameters, no automated
    equipment was monitoring the KCTE transmitter, and no logs were
    being kept of transmitter readings. The last employee known to check
    on the transmitter was the contract engineer, Ed Treese, who stated
    he had not been to the transmitter site for the two week period
    prior to FCC inspection, and then during daytime hours only. During
    inspection at the transmitter site, the engineer indicated that
    power variations had previously caused problems with the timer
    associated with the automatic switching device utilized to turn the
    transmitter on and off. According to the station engineer, the
    automatic switching device was supposed to turn the transmitter on
    and place it at 500 watts for pre-sunrise operation at 6:45 a.m.,
    then increase power to 10kW at 7:30 a.m. for full daytime power,
    then turn the transmitter off at 5:00 p.m.

**III**. **DISCUSSION**

7.  The KCTE station authorization specifies daytime operation only.
    Nighttime operation is not authorized. For the month of November,
    the authorized sunrise time for the KCTE transmitter location is
    7:00 a.m. (CST) and the sunset time is 5:00 p.m. (CST). Section
    73.99 authorizes pre-sunrise operation beginning no earlier than
    6:00 a.m. The licensee was not utilizing post-sunset operation
    according to the station manager. Section 73.1745(a) specifies that
    no broadcast station shall operate at times, or with modes or power,
    other than those specified and made a part of the license, unless
    otherwise provided. On November 14, 2002, station KCTE transmitted
    on the frequency 1510 kHz during the period of 6:00 p.m. to
    midnight. On November 15, 2002, KCTE transmitted on the frequency of
    1510 kHz during the periods of midnight to 6:00 a.m. and from 6:00
    p.m. to midnight. On November 16, 2002, station KCTE transmitted on
    1510 kHz from midnight to 6:00 a.m. Each listed period of operation
    is in violation of this section and the terms of the KCTE station
    authorization.

8.  The violation of 73.1745(a) is a repeat violation. The licensee was
    issued an NOV dated October 7, 1999 for operation on 10 separate
    dates with broadcast times not authorized by the rules or the KCTE
    station authorization. The latest KCTE license renewal was issued on
    July 27, 1998 with an expiration of February 1, 2005. Therefore, the
    violations noted in October, 1999 and in November, 2002 occurred
    during the same license period.

9.  Section 73.3526(c) requires the public inspection file be available
    for public inspection at any time during regular business hours. On
    November 20, 2002, the public inspection files for both KCTE and WHB
    were locked in the office of a station employee and not made
    available for inspection upon request by an FCC inspector. The file
    remained locked during the two hour inspection, which occurred on a
    Wednesday during regular business hours. The file was not available
    to the public or the FCC.

10. Based on the evidence before us, we find Union willfully[^2] and
    repeatedly[^3] violated the terms of the KCTE station authorization
    and Sections 73.1745(a) and 73.3526(c) of the Rules by operating on
    November 14, 15 & 16, 2002 with power and at times of operation not
    authorized by the KCTE station authorization, and by failing to make
    the public inspection files of both KCTE and WHB available to the
    public and the FCC.

11. Pursuant to Section 1.80(b)(4) of the Rules,[^4] the base forfeiture
    amount for unauthorized emissions is \$4,000 and for public file
    violations the base forfeiture is \$10,000. In assessing the
    monetary forfeiture amount, we must also take into account the
    statutory factors set forth in Section 503(b)(2)(D) of the
    Communications Act of 1934, as amended ("Act"), which include 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 other such matters as justice
    may require.[^5] Union's unauthorized operation of the KCTE
    transmitter is repeated. The FCC notified Union of fifteen instances
    of the same type of violation in 1999. Therefore, an upwards
    adjustment of the base forfeiture for unauthorized emissions from
    \$4,000 to \$8,000 is justified. Considering the entire record and
    applying the factors listed above, this case warrants an \$18,000
    forfeiture (\$8,000 for unauthorized emissions and \$10,000 for the
    public file violation).

**IV. ORDERING CLAUSES**

12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act,[^6] and Sections 0.111, 0.311 and 1.80 of the Rules,[^7] Union
    Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR
    A FORFEITURE in the amount of eighteen thousand dollars
    (\$18,000.00) for willful and repeated violation of Sections
    73.1745(a) and 73.3526(c) of the Rules by operating station KCTE at
    times and with power not authorized by the KCTE station
    authorization, and by failing to make the public inspection file for
    stations KCTE and WHB available to the public and the FCC.

13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
    within thirty days of the release date of this NAL, Union
    Broadcasting, Inc. SHALL PAY the full amount of the proposed
    forfeiture or SHALL FILE a written statement seeking reduction or
    cancellation of the proposed forfeiture.

14. Payment of the forfeiture may be made by mailing a check or similar
    instrument, payable to the order of the Federal Communications
    Commission, to the Forfeiture Collection Section, Finance Branch,
    Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. The payment should note the NAL/Acct. No. and FRN
    referenced above. Requests for payment of the full amount of this
    NAL under an installment plan should be sent to: Chief, Revenue and
    Receivables Operations Group, 445 12th Street, S.W., Washington,
    D.C. 20554.[^8]

15. The response, if any, must be mailed to Federal Communications
    Commission, Office of the Secretary, 445 12^th^ Street SW,
    Washington DC 20554, Attn: Enforcement Bureau-Technical & Public
    Safety Division and MUST INCLUDE THE NAL/Acct. No. referenced above.

16. The Commission will not consider reducing or canceling a forfeiture
    in response to a claim of inability to pay unless the petitioner
    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
    petitioner'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.

17. Under the Small Business Paperwork Relief Act of 2002, Pub L. No.
    107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a
    two-year tracking process regarding the size of entities involved in
    forfeitures. If you qualify as a small entity and if you wish to be
    treated as a small entity for tracking purposes, please so certify
    to us within thirty (30) days of this NAL, either in your response
    to the NAL or in a separate filing to be sent to the Technical &
    Public Safety Division. Your certification should indicate whether
    you, including your parent entity and its subsidiaries, meet one of
    the definitions set forth in the list provided by the FCC's Office
    of Communications Business Opportunities (OCBO) set forth in
    Attachment A of this Notice of Apparent Liability. This information
    will be used for tracking purposes only. Your response or failure to
    respond to this question will have no effect on your rights and
    responsibilities pursuant to Section 503(b) of the Communications
    Act. If you have questions regarding any of the information
    contained in Attachment A, please contact OCBO at (202) 418-0990.

18. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by
    regular mail and Certified Mail Return Receipt Requested to Union
    Broadcasting, Inc., 6721 W. 121^st^ St., Overland Park, KS 66209.

FEDERAL COMMUNICATIONS COMMISSION

![](media/image1.jpeg){width="2.4402777777777778in"
height="0.4666666666666667in"}

Robert C. McKinney

###  Kansas City Office, Enforcement Bureau

Attachment

October 2002

**ATTACHMENT A**

+--------------------------------+-------------------------------------+
| **FCC List of Small Entities** |                                     |
|                                |                                     |
| **As described below, a "small |                                     |
| entity" may be a small         |                                     |
| organization,**                |                                     |
|                                |                                     |
| **a small governmental         |                                     |
| jurisdiction, or a small       |                                     |
| business.**                    |                                     |
+--------------------------------+-------------------------------------+
| **(1) Small Organization**     |                                     |
+--------------------------------+-------------------------------------+
| **Any not-for-profit           |                                     |
| enterprise that is             |                                     |
| independently owned and        |                                     |
| operated and**                 |                                     |
|                                |                                     |
| **is not dominant in its       |                                     |
| field.**                       |                                     |
+--------------------------------+-------------------------------------+
| **(2) Small Governmental       |                                     |
| Jurisdiction**                 |                                     |
+--------------------------------+-------------------------------------+
| **Governments of cities,       |                                     |
| counties, towns, townships,    |                                     |
| villages, school districts,    |                                     |
| or**                           |                                     |
|                                |                                     |
| **special districts, with a    |                                     |
| population of less than fifty  |                                     |
| thousand.**                    |                                     |
+--------------------------------+-------------------------------------+
| **(3) Small Business**         |                                     |
+--------------------------------+-------------------------------------+
| **Any business concern that is |                                     |
| independently owned and        |                                     |
| operated and**                 |                                     |
|                                |                                     |
| **is not dominant in its       |                                     |
| field, *and* meets the         |                                     |
| pertinent size criterion       |                                     |
| described below.**             |                                     |
+--------------------------------+-------------------------------------+
| **Industry Type**              | **Description of Small Business     |
|                                | Size Standards**                    |
+--------------------------------+-------------------------------------+
| ***Cable Services or           |                                     |
| Systems***                     |                                     |
+--------------------------------+-------------------------------------+
| Cable Systems                  | Special Size Standard --            |
|                                |                                     |
|                                | **Small Cable Company** has 400,000 |
|                                | Subscribers Nationwide or Fewer     |
+--------------------------------+-------------------------------------+
| Cable and Other Program        | \$12.5 Million in Annual Receipts   |
| Distribution                   | or Less                             |
+--------------------------------+-------------------------------------+
| Open Video Systems             |                                     |
+--------------------------------+-------------------------------------+
| ***Common Carrier Services and |                                     |
| Related Entities***            |                                     |
+--------------------------------+-------------------------------------+
| Wireline Carriers and Service  | 1,500 Employees or Fewer            |
| providers                      |                                     |
+--------------------------------+-------------------------------------+
| Local Exchange Carriers,       |                                     |
| Competitive Access Providers,  |                                     |
| Interexchange Carriers,        |                                     |
| Operator Service Providers,    |                                     |
| Payphone Providers, and        |                                     |
| Resellers                      |                                     |
+--------------------------------+-------------------------------------+
| **Note:** With the exception   |                                     |
| of Cable Systems, all size     |                                     |
| standards are expressed in     |                                     |
| either millions of dollars or  |                                     |
| number of employees and are    |                                     |
| generally the average annual   |                                     |
| receipts or the average        |                                     |
| employment of a firm.          |                                     |
| Directions for calculating     |                                     |
| average annual receipts and    |                                     |
| average employment of a firm   |                                     |
| can be found in                |                                     |
|                                |                                     |
| 13 CFR 121.104 and 13 CFR      |                                     |
| 121.106, respectively.         |                                     |
+--------------------------------+-------------------------------------+
| ***International Services***   |                                     |
+--------------------------------+-------------------------------------+
| International Broadcast        | \$12.5 Million in Annual Receipts   |
| Stations                       | or Less                             |
+--------------------------------+-------------------------------------+
| International Public Fixed     |                                     |
| Radio (Public and Control      |                                     |
| Stations)                      |                                     |
+--------------------------------+-------------------------------------+
| Fixed Satellite                |                                     |
| Transmit/Receive Earth         |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Fixed Satellite Very Small     |                                     |
| Aperture Terminal Systems      |                                     |
+--------------------------------+-------------------------------------+
| Mobile Satellite Earth         |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Radio Determination Satellite  |                                     |
| Earth Stations                 |                                     |
+--------------------------------+-------------------------------------+
| Geostationary Space Stations   |                                     |
+--------------------------------+-------------------------------------+
| Non-Geostationary Space        |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Direct Broadcast Satellites    |                                     |
+--------------------------------+-------------------------------------+
| Home Satellite Dish Service    |                                     |
+--------------------------------+-------------------------------------+
| ***Mass Media Services***      |                                     |
+--------------------------------+-------------------------------------+
| Television Services            | \$12 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Low Power Television Services  |                                     |
| and Television Translator      |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| TV Auxiliary, Special          |                                     |
| Broadcast and Other Program    |                                     |
| Distribution Services          |                                     |
+--------------------------------+-------------------------------------+
| Radio Services                 | \$6 Million in Annual Receipts or   |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Radio Auxiliary, Special       |                                     |
| Broadcast and Other Program    |                                     |
| Distribution Services          |                                     |
+--------------------------------+-------------------------------------+
| Multipoint Distribution        | Auction Special Size Standard --    |
| Service                        |                                     |
|                                | **Small Business** is less than     |
|                                | \$40M in annual gross revenues for  |
|                                | three preceding years               |
+--------------------------------+-------------------------------------+
| ***Wireless and Commercial     |                                     |
| Mobile Services***             |                                     |
+--------------------------------+-------------------------------------+
| Cellular Licensees             | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| 220 MHz Radio Service -- Phase |                                     |
| I Licensees                    |                                     |
+--------------------------------+-------------------------------------+
| 220 MHz Radio Service -- Phase | Auction special size standard -     |
| II Licensees                   |                                     |
|                                | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and controlling          |
|                                | principals)                         |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and controlling          |
|                                | principals)                         |
+--------------------------------+-------------------------------------+
| 700 MHZ Guard Band Licensees   |                                     |
+--------------------------------+-------------------------------------+
| Private and Common Carrier     |                                     |
| Paging                         |                                     |
+--------------------------------+-------------------------------------+
| Broadband Personal             | 1,500 Employees or Fewer            |
| Communications Services        |                                     |
| (Blocks A, B, D, and E)        |                                     |
+--------------------------------+-------------------------------------+
| Broadband Personal             | Auction special size standard -     |
| Communications Services (Block |                                     |
| C)                             | **Small Business** is \$40M or less |
|                                | in annual gross revenues for three  |
|                                | previous calendar years             |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three calendar years  |
|                                | (includes affiliates and persons or |
|                                | entities that hold interest in such |
|                                | entity and their affiliates)        |
+--------------------------------+-------------------------------------+
| Broadband Personal             |                                     |
| Communications Services (Block |                                     |
| F)                             |                                     |
+--------------------------------+-------------------------------------+
| Narrowband Personal            |                                     |
| Communications Services        |                                     |
+--------------------------------+-------------------------------------+
| Rural Radiotelephone Service   | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| Air-Ground Radiotelephone      |                                     |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| 800 MHz Specialized Mobile     | Auction special size standard -     |
| Radio                          |                                     |
|                                | **Small Business** is \$15M or less |
|                                | average annual gross revenues for   |
|                                | three preceding calendar years      |
+--------------------------------+-------------------------------------+
| 900 MHz Specialized Mobile     |                                     |
| Radio                          |                                     |
+--------------------------------+-------------------------------------+
| Private Land Mobile Radio      | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| Amateur Radio Service          | N/A                                 |
+--------------------------------+-------------------------------------+
| Aviation and Marine Radio      | 1,500 Employees or Fewer            |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Fixed Microwave Services       |                                     |
+--------------------------------+-------------------------------------+
| Public Safety Radio Services   | **Small Business** is 1,500         |
|                                | employees or less                   |
|                                |                                     |
|                                | **Small Government Entities** has   |
|                                | population of less than 50,000      |
|                                | persons                             |
+--------------------------------+-------------------------------------+
| Wireless Telephony and Paging  | 1,500 Employees or Fewer            |
| and Messaging                  |                                     |
+--------------------------------+-------------------------------------+
| Personal Radio Services        | N/A                                 |
+--------------------------------+-------------------------------------+
| Offshore Radiotelephone        | 1,500 Employees or Fewer            |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Wireless Communications        | **Small Business** is \$40M or less |
| Services                       | average annual gross revenues for   |
|                                | three preceding years               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three years           |
+--------------------------------+-------------------------------------+
| 39 GHz Service                 |                                     |
+--------------------------------+-------------------------------------+
| Multipoint Distribution        | Auction special size standard       |
| Service                        | (1996) --                           |
|                                |                                     |
|                                | **Small Business** is \$40M or less |
|                                | average annual gross revenues for   |
|                                | three preceding calendar years      |
|                                |                                     |
|                                | Prior to Auction --                 |
|                                |                                     |
|                                | **Small Business** has annual       |
|                                | revenue of \$12.5M or less          |
+--------------------------------+-------------------------------------+
| Multichannel Multipoint        | \$12.5 Million in Annual Receipts   |
| Distribution Service           | or Less                             |
+--------------------------------+-------------------------------------+
| Instructional Television Fixed |                                     |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Local Multipoint Distribution  | Auction special size standard       |
| Service                        | (1998) --                           |
|                                |                                     |
|                                | **Small Business** is \$40M or less |
|                                | average annual gross revenues for   |
|                                | three preceding years               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three years           |
+--------------------------------+-------------------------------------+
| 218-219 MHZ Service            | First Auction special size standard |
|                                | (1994) --                           |
|                                |                                     |
|                                | **Small Business** is an entity     |
|                                | that, together with its affiliates, |
|                                | has no more than a \$6M net worth   |
|                                | and, after federal income taxes     |
|                                | (excluding carryover losses) has no |
|                                | more than \$2M in annual profits    |
|                                | each year for the previous two      |
|                                | years                               |
|                                |                                     |
|                                | New Standard --                     |
|                                |                                     |
|                                | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
+--------------------------------+-------------------------------------+
| Satellite Master Antenna       | \$12.5 Million in Annual Receipts   |
| Television Systems             | or Less                             |
+--------------------------------+-------------------------------------+
| 24 GHz -- Incumbent Licensees  | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| 24 GHz -- Future Licensees     | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
+--------------------------------+-------------------------------------+
| ***Miscellaneous***            |                                     |
+--------------------------------+-------------------------------------+
| On-Line Information Services   | \$18 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Radio and Television           | 750 Employees or Fewer              |
| Broadcasting and Wireless      |                                     |
| Communications Equipment       |                                     |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Audio and Video Equipment      |                                     |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Telephone Apparatus            | 1,000 Employees or Fewer            |
| Manufacturers (Except          |                                     |
| Cellular)                      |                                     |
+--------------------------------+-------------------------------------+
| Medical Implant Device         | 500 Employees or Fewer              |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Hospitals                      | \$29 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Nursing Homes                  | \$11.5 Million in Annual Receipts   |
|                                | or Less                             |
+--------------------------------+-------------------------------------+
| Hotels and Motels              | \$6 Million in Annual Receipts or   |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Tower Owners                   | (See Lessee's Type of Business)     |
+--------------------------------+-------------------------------------+

[^1]: 47 C.F.R. §§ 73.1745(a) and 73.3526(c).

[^2]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to violations for which forfeitures are assessed under Section
    503(b) of the Act, provides that "\[t\]he term 'willful', when used
    with reference to the commission or omission of any act, means the
    conscious and deliberate commission or omission of such act,
    irrespective of any intent to violate any provision of this Act . .
    . ." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387-88
    (1991).

[^3]: The term "repeated," when used with reference to the commission or
    omission of any act, "means the commission or omission of such act
    more than once or, if such commission or omission is continuous, for
    more than one day." 47 U.S.C. § 312(f)(2).

[^4]: 47 C.F.R. § 1.80(b)(4).

[^5]: 47 U.S.C. § 503(b)(2)(D).

[^6]: 47 U.S.C. § 503(b).

[^7]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^8]: *See* 47 C.F.R. § 1.1914.