**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Numbers: EB-07-OR-061      |
|                                  |   |                                 |
| New World, L.L.C.                | ) | NAL/Acct. No.: 200832620001     |
|                                  |   |                                 |
| Licensee of KZTD-AM              | ) | FRN: 0015736143                 |
|                                  |   |                                 |
| Cabot, Arkansas                  | ) |                                 |
|                                  |   |                                 |
| Facility ID \# 25861             | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> **Released: November 13, 2023**

By the District Director, New Orleans Office, South Central Region,
Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    that New World, L.L.C. ("New World"), licensee of station KZTD-AM
    serving Cabot, Arkansas, apparently willfully and repeatedly
    violated Section 73.3526 of the Commission\'s Rules ("Rules")[^1] by
    failing to maintain and make available a complete public inspection
    file. We conclude, pursuant to Section 503(b) of the Communications
    Act of 1934, as amended ("Act"),[^2] that New World is apparently
    liable for a forfeiture in the amount of ten thousand dollars
    (\$10,000).

# BACKGROUND 

2.  On July 17, 2007, in response to a complaint, agents from the
    Commission's New Orleans Office of the Enforcement Bureau ("New
    Orleans Office") inspected station KZTD-AM at its main studio in
    Cabot, Arkansas.[^3] Station KZTD-AM\'s General Manager, was present
    during the inspection. In response to a request made during normal
    business hours, the general manager was unable to produce any part
    of the station's public inspection file. On August 8, 2007, an agent
    from the New Orleans Office spoke to the station's owner, who was
    unsure of the status or location of the station's public inspection
    file and who stated that the general manager was in the process of
    compiling the required documents.

# DISCUSSION

3.  Section 503(b) of the Act provides that any person who willfully or
    repeatedly fails to comply substantially with the terms and
    conditions of any license, or willfully or repeatedly fails to
    comply with any of the provisions of the Act or of any rule,
    regulation or order issued by the Commission thereunder, shall be
    liable for a forfeiture penalty. The term "willful" as used in
    Section 503(b) of the Act has been interpreted to mean simply that
    the acts or omissions are committed knowingly.[^4] The term
    "repeated" means the commission or omission of such act more than
    once or for more than one day.[^5]

4.  Section 73.3526(a)(2) of the Rules requires broadcast stations to
    maintain for public inspection, a file containing materials listed
    in that section.[^6] Section 73.3526(c)(1) of the Rules states that
    the file shall be available for public inspection at any time during
    regular business hours.[^7] Section 73.3526(e) of the Rules
    specifies the material to be retained in the public inspection
    file.[^8] In response to a request made during regular business
    hours, station KZTD-AM's general manager was unable to locate or
    make available any part of the station's public inspection file. He
    was unable to find any evidence that the public inspection file had
    ever existed at the main studio. Subsequent to the inspection, the
    station's owner was unable to provide information regarding the
    status or location of the station's public inspection file.

5.  Based on the evidence before us, we find that New World apparently
    willfully and repeatedly violated Section 73.3526 of the Rules by
    failing to maintain a complete public inspection file at its main
    studio and apparently willfully violated Section 73.3526 of the
    Rules by failing to make available the public inspection file upon
    request.

6.  Pursuant to *The Commission\'s Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines,* ("*Forfeiture Policy Statement*"), and Section 1.80 of
    the Rules, the base forfeiture amount for public file violations is
    \$10,000.[^9] In assessing the monetary forfeiture amount, we must
    also take into account the statutory factors set forth in Section
    503(b)(2)(E) of the Act, which include the nature, circumstances,
    extent, and gravity of the violations, and with respect to the
    violator, the degree of culpability, and history of prior offenses,
    ability to pay, and other such matters as justice may require.[^10]
    Applying the *Forfeiture Policy Statement*, Section 1.80 of the
    Rules, and the statutory factors to the instant case, we conclude
    that New World is apparently liable for a \$10,000 forfeiture.

# ORDERING CLAUSES

7.  Accordingly**, IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311, 0.314 and 1.80 of the Commission\'s Rules, New World, L.L.C.
    is hereby **NOTIFIED** of this **APPARENT LIABILITY FOR A
    FORFEITURE** in the amount of ten thousand dollars (\$10,000) for
    violation of Section 73.3526 of the Rules.[^11]

8.  **IT IS FURTHER ORDERED** that, pursuant to Section 1.80 of the
    Commission\'s Rules within thirty days of the release date of this
    Notice of Apparent Liability for Forfeiture, New World, L.L.C.
    **SHALL PAY** the full amount of the proposed forfeiture or **SHALL
    FILE** a written statement seeking reduction or cancellation of the
    proposed forfeiture.

9.  Payment of the forfeiture must be made by check or similar
    instrument, payable to the order of the Federal Communications
    Commission.  The payment must include the NAL/Acct. No. and FRN No.
    referenced above.  Payment by check or money order may be mailed to
    Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340.  Payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
    15251.   Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106.

10. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, South Central Region, New Orleans
    Office, 2424 Edenborn Ave., Suite 460, Metairie, Louisiana,
    70001**,** and must include the NAL/Acct. No. referenced in the
    caption.

11. 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.

12. Requests for payment of the full amount of this Notice of Apparent
    Liability for Forfeiture under an installment plan should be sent
    to: Associate Managing Director -- Financial Operations, Room 1A625,
    445 12th Street, S.W., Washington, D.C. 20554.[^12]

13. **IT IS FURTHER ORDERED** that a copy of this Notice of Apparent
    Liability for Forfeiture shall be sent by Certified Mail, Return
    Receipt Requested, and regular mail, to New World, L.L.C. at its
    address of record.

FEDERAL COMMUNICATIONS COMMISSION

Leroy Hall

District Director

New Orleans Office

South Central Region

Enforcement Bureau

[^1]: 47 C.F.R. § 73.3526.

[^2]: 47 U.S.C. § 503(b).

[^3]: On June 11, 2007, an agent from the New Orleans Office informed
    station KZTD-AM's owner that the Office had received a complaint of
    several violations at the station, including a public inspection
    file violation.

[^4]: 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 or
    any rule or regulation of the Commission authorized by this
    Act....\" *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^5]: Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also
    applies to violations for which forfeitures are assessed under
    Section 503(b) of the Act, provides that \"\[t\]he 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.\"

[^6]: 47 C.F.R. § 73.3526(a)(2).

[^7]: 47 C.F.R. § 73.3526(c)(1).

[^8]: 47 C.F.R. § 73.3526(e).

[^9]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^10]: 47 U.S.C. § 503(b)(2)(E).

[^11]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    73.3526.

[^12]: *See* 47 C.F.R. § 1.1914.