**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-06-TP-326       |
|                                  |   |                                 |
| Tuff-Star-Jam Communication,     | ) | NAL/Acct. No.: 200832700008     |
| Inc.                             |   |                                 |
|                                  | ) | FRN: 0008425464                 |
| Licensee of WWSD (AM)            |   |                                 |
|                                  | ) |                                 |
| Quincy, Florida                  |   |                                 |
|                                  | ) |                                 |
| Facility ID \# 68319             |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

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

> Released: January 15, 2008

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

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    find that Tuff-Star-Jam Communication, Inc. ("Tuff-Star-Jam"),
    licensee of station WWSD (AM), in Quincy, Florida, apparently
    willfully and repeatedly violated Section 73.3526 of the
    Commission\'s Rules ("Rules")[^1] by failing to maintain and make
    available a complete inspection file. We conclude, pursuant to
    Section 503(b) of the Communications Act of 1934, as amended
    ("Act"),[^2] that Tuff-Star-Jam is apparently liable for a
    forfeiture in the amount of four thousand dollars (\$4,000).

# BACKGROUND

2.  On May 17, 2007, agents from the Commission's Tampa Office of the
    Enforcement Bureau ("Tampa Office") requested to inspect station
    WWSD (AM)'s public inspection file during normal business hours. The
    station manager produced the station's public inspection file, but
    the file was not complete. The manager was unable to produce any
    issues/programs lists. The station manager admitted that she did not
    know the station was required to compile and maintain issues
    programs lists. In lieu of issues/programs lists, the station
    manager produced several documents describing local announcements
    that had been aired. However, these documents were not located in
    the public inspection file and did not briefly describe the
    announcements, and did not specify the dates or times when the
    announcements were aired or the duration of the announcements.

3.  On November 19, 2007, in response to a letter of inquiry ("LOI"),
    Tuff-Star-Jam stated that the station manager had addressed the
    public inspection file concerns identified during the inspection and
    attached a copy of an issues/programs list compiled after the
    inspection.

# DISCUSSION

4.  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.[^3]

5.  Section 73.3526(a)(2) of the Rules requires broadcast stations to
    maintain for public inspection, a file containing materials listed
    in that section.[^4] 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.[^5] Section 73.3526(e)(12) of the Rules
    requires a list of programs that have provided the station's most
    significant treatment of community issues during the preceding three
    month period ("issues/programs list") to be placed in the public
    inspection file.[^6] The list shall include a brief narrative
    describing what issues were given significant treatment and the
    programming that provided this treatment. The description of the
    programs shall include, but shall not be limited to, the time, date,
    duration, and title of each program in which the issue was treated.
    On May 17, 2007, in response to a request to inspect the station's
    public inspection file during normal business hours, station WWSD
    was unable to produce any issues/programs lists, and there was no
    evidence that the station had ever compiled or maintained such lists
    in the public inspection file. The station manager admitted that she
    was unaware of the requirement to compile and maintain
    issues/programs lists. Based on the evidence before us, we find that
    Tuff-Star-Jam apparently willfully violated Section 73.3526 of the
    Rules by failing to make available a complete public inspection
    file, and apparently willfully and repeatedly violated Section
    73.3526 of the Rules by failing to maintain a complete public
    inspection file.

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 violation of public
    inspection file rules is \$10,000[^7]. Because WWSD (AM)'s public
    inspection file contained a portion of the required items a downward
    adjustment of the base amount to \$4,000 is warranted. 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.[^8] Applying the
    *Forfeiture Policy Statement*, Section 1.80 of the Rules, and the
    statutory factors to the instant case, we conclude that
    Tuff-Star-Jam is apparently liable for a \$4,000 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, Tuff-Star-Jam Communication,
Inc. is hereby **NOTIFIED** of this **APPARENT LIABILITY FOR A
FORFEITURE** in the amount of four thousand dollars (\$4,000) for
violation of Section 73.3526 of the Rules.[^9]

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, Tuff-Star-Jam
Communication, Inc., **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, Tampa Office, 2203
N. Lois Avenue, Suite 1215, Tampa, Florida 33607 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, 445 12th Street,
S.W., Room 1A625, Washington, D.C. 20554.[^10]

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 Tuff-Star-Jam Communication, Inc. at its
address of record.

FEDERAL COMMUNICATIONS COMMISSION

Ralph M. Barlow

District Director,

Tampa Office

South Central Region

Enforcement Bureau

[^1]: 47 C.F.R. § 73.3526.

[^2]: 47 U.S.C. § 503(b).

[^3]: 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).

[^4]: 47 C.F.R. § 73.3526(a)(2).

[^5]: 47 C.F.R. § 73.3526(c)(1).

[^6]: 47 C.F.R. § 73.3526(e)(12).

[^7]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^8]: 47 U.S.C. § 503(b)(2)(E).

[^9]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    73.3526.

[^10]: See 47 C.F.R. § 1.1914.