**Before the**

## Federal Communications Commission

**Washington, D.C. 20554**

)

In the Matter of ) File No. EB-02-PA-328

)

Broadcast Learning Center, Inc. ) NAL/Acct. No. 200332400004

WHS405 )

Cherry Hill, New Jersey ) FRN: 0007-83-6190

)

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

> Released: January 6, 2003

By the District Director, Philadelphia Office, Enforcement Bureau:

**I.** **INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Broadcast Learning Center, Inc. ("BLCI") has apparently
    violated Section 74.532(e) of the Commission\'s Rules (the
    "Rules")[^1] by operating station WHS405 at an unauthorized
    location. We conclude that BLCI is apparently liable for a
    forfeiture in the amount of four thousand dollars (\$4,000).

**II.** **BACKGROUND**

2.  The license for station WHS405 authorizes BLCI to operate an aural
    broadcast auxiliary station on the frequencies 948.375 MHz and
    948.625 MHz near the intersection of 11^th^ Street and Moss Avenue,
    Hammonton, New Jersey. However, on October 15, 2002, an FCC agent
    with the Enforcement Bureau\'s Philadelphia Office inspected the
    station and found that BLCI was operating the station at an
    unauthorized location. Specifically, BLCI was operating the station
    at 308 Dutton Mill Road, Brookhaven Pennsylvania, which is over 30
    miles from the site authorized in the license.

3.  On October 21, 2002, the Philadelphia Office issued a Notice of
    Violation to BLCI for operating station WHS405 at an unauthorized
    location, in violation of Section 74.532(e) of the Rules. By letter
    dated October 30, 2002, BLCI submitted a response to the Notice of
    Violation. In the response, BLCI acknowledged to have operated
    station WHS405 at the unauthorized location since at least March
    17, 1998. BLCI stated that although it had filed an application with
    the Commission to relocate the station to 308 Dutton Mill Road,
    Brookhaven, Pennsylvania, it was unaware that the Commission
    returned the application on September 27, 1988. BLCI stated that on
    October 24, 2002, it filed another license modification application
    and an application for Special Temporary Authority.

**III**. **DISCUSSION**

4.  Section 74.532(e) of the Rules requires that each aural broadcast
    auxiliary station will be licensed at a specified transmitter
    location to communicate with a specified receiving location, and the
    direction of the main radiation lobe of the transmitting antenna
    will be a term of the station authorization. Between March 17, 1998
    and October 15, 2002, BLCI operated aural broadcast auxiliary
    station WHS405 at an unauthorized location.

5.  Based on the evidence before us, we find that BLCI willfully[^2] and
    repeatedly[^3] violated Section 74.532(e) of the Rules. *The
    Commission's Forfeiture Policy Statement and Amendment of Section
    1.80 of the Rules to Incorporated the Forfeiture Guidelines*, 12 FCC
    Rcd 17087, 17113 (1997), recon. denied, 15 FCC Rcd 303(1999)
    ("*Forfeiture Policy Statement*"),[^4] sets the base forfeiture
    amount for operating a station at an unauthorized location at four
    thousand dollars (\$4,000). In assessing the monetary forfeiture
    amount, we must take into account the statutory factors set forth in
    Section 503(b)(2)(D) of the Communications Act of 1934,[^5] (the
    "Act"), as amended, 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. Applying the
    *Forfeiture Policy Statement* and the statutory factors to the
    instant case and applying the inflation adjustments, we believe that
    a four thousand dollar (\$4,000) monetary forfeiture is warranted.

**IV. ORDERING CLAUSES**

6.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Communications Act of 1934, as amended[^6], and Sections 0.111,
    0.311 and 1.80 of the Commission\'s Rules[^7], BLCI is hereby
    NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of
    four thousand dollars (\$4,000) for operating station WHS405 at an
    unauthorized location, in violation of Section 74.532(e) of the
    Rules.

7.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
    Commission\'s Rules[^8], within thirty days of the release date of
    this NOTICE OF APPARENT LIABILITY, BLCI SHALL PAY the full amount of
    the proposed forfeiture or SHALL FILE a written statement seeking
    reduction or cancellation of the proposed forfeiture.

8.  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 must include the FCC Registration Number
    (FRN) referenced above, and also should note the NAL/Acct. No.
    200332400004.

9.  The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Technical and Public Safety
    Division, 445 12th Street, S.W., Washington, D.C. 20554 and MUST
    INCLUDE THE NAL/Acct. No. 200332400004 and FRN: 0007-83-6190.

10. 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.

11. Requests for payment of the full amount of this Notice of Apparent
    Liability under an installment plan should be sent to: Chief,
    Revenue and Receivables Operations Group, 445 12th Street, S.W.,
    Washington, D.C. 20554.[^9]

12. 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 \[relevant
    Division\]. 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.

13. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
    LIABILITY shall be sent by Certified Mail Return Receipt Requested
    to Broadcast Learning Center, Inc. at 1445 Skippack Pike, Blue Bell,
    Pennsylvania 19422.

FEDERAL COMMUNICATIONS COMMISSION

John E. Rahtes

> District Director
>
> Philadelphia Office

Attachment A -- FCC's List for Small Entities

[^1]: 47 C.F.R § 74.532(e)

[^2]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to 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
    (1991).

[^3]: Section 312(f)(2), which also applies to Section 503(b), provides:
    \[t\]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.

[^4]: ^?^ 47 C.F.R. § 1.80.

[^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]: 47 C.F.R. § 1.80.

[^9]: ^?^ *See* 47 C.F.R. § 1.1914.