**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | Facility I.D. No. 35283      |
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| KNVL-TV, Inc.                    | ** | NAL/Acct. No. 0941420008     |
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| Licensee of Station KJEP-CA      | *  | FRN: 0004374252              |
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| Nashville, Arkansas              | ** |                              |
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+----------------------------------+----+------------------------------+

**NOTICE OF APPARENT**

**LIABILITY FOR FORFEITURE**

**Adopted: December 17, 2008 Released: December 19, 2008**

By the Chief, Video Division, Media Bureau:

**I. INTRODUCTION**

1.  In this *Notice of Apparent Liability for Forfeiture ("NAL")* issued
    pursuant to Section 503(b) of the Communications Act of 1934, as
    amended (the "Act"), and Section 1.80 of the Commission's Rules (the
    "Rules"),[^1] by the Chief, Video Division, Media Bureau pursuant to
    authority delegated under Section 0.283 of the Rules,[^2] we find
    that KNVL-TV, Inc. (the "Licensee"), licensee of Station KJEP-CA,
    Nashville, Arkansas (the "Station"), apparently willfully and
    repeatedly violated Section 73.673 of the Rules, by failing to
    provide information identifying programming specifically designed to
    educate and inform children to program guide publishers.[^3] Based
    upon our review of the facts and circumstances before us, we
    conclude that the Licensee is apparently liable for a monetary
    forfeiture in the amount of four thousand dollars (\$4,000).

**II. BACKGROUND**

2.  Under the Commission's rules implementing the Children's Television
    Act of 1990 (CTA),[^4] each television broadcast station licensee
    has an obligation, during its license term, to serve the educational
    and informational needs of children through "programming
    specifically designed to serve such needs"("core programming").[^5]
    In *Policies and Rules Concerning the Children's Television
    Programming, Revision of Programming Policies for Television
    Broadcast Stations,*[^6] the Commission adopted several public
    information initiatives to improve the information to the public
    regarding programming broadcasters air to fulfill their statutory
    obligation. One of the public information initiatives requires
    licensees to provide to publishers of program guides, information
    identifying programming specifically designed to educate and inform
    children, including an indication of the age group for which the
    program is intended.[^7] In the *Children's Television Programming
    Order,* the Commission stated its belief that "program guides are an
    effective means of providing parents with advance notice of
    scheduling of educational programs."[^8] Moreover, the Commission
    indicated that this information would help parents to find
    appropriate programs for their children and others who want to
    monitor a station's compliance with the CTA.[^9] The Commission
    acknowledged, however, that broadcasters cannot require program
    guide publishers to print this information.[^10] Nonetheless, the
    Commission concluded that the information is more likely to be
    included in program listings if broadcasters regularly provide it.

3.  On January 26, 2005, the Licensee filed its license renewal
    application (FCC Form 303-S) for Station KJEP-CA (the "Application")
    (File No. BRTTA-20050126AKB).[^11] In Exhibit 24 of the Application
    and in a January 23, 2008 supplement to its Application, the
    Licensee indicated that it did not provide information identifying
    its core programming to program guide publishers. The Licensee
    asserted that it did not believe that it was required to submit such
    information to program guide publishers if the Station's program
    schedule was never published. The Licensee suggested that it began
    sending its program schedule to publishers of program guides in
    approximately 2005, when it discovered that it was required to
    submit this information to publishers. The Licensee also argued that
    in previous cases, Licensees were admonished for failure to comply
    with Section 73.673.[^12] Specifically, in *Paxson*, the Commission
    admonished the Licensee for failure to provide program guide
    publishers with each program's target age-range on its station's
    core programming schedule it provided to them. In *Bethany*, the
    Commission admonished the Licensee for failure to provide
    information identifying each core program aired on its station to
    program guide publishers.

**III. DISCUSSION**

4.  The Licensee's failure to provide publishers of program guides with
    information identifying each core program aired on Station KJEP-CA,
    including an indication of the target child audience constitutes an
    apparent willful and repeated violation of Section 73.673. This
    *NAL* is issued pursuant to Section 503(b)(1)(B) of the Act. Under
    that provision, any person who is determined by the Commission to
    have willfully or repeatedly failed to comply with any provision of
    the Act or any rule, regulation, or order issued by the Commission
    shall be liable to the United States for a forfeiture penalty.[^13]
    Section 312(f)(1) of the Act defines willful as "the conscious and
    deliberate commission or omission of \[any\] act, irrespective of
    any intent to violate" the law.[^14] The legislative history to
    Section 312(f)(1) of the Act clarifies that this definition of
    willful applies to both Sections 312 and 503(b) of the Act,[^15] and
    the Commission has so interpreted the term in the Section 503(b)
    context.[^16] Section 312(f)(2) 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."[^17]

5.  The Commission's *Forfeiture Policy Statement* and Section
    1.80(b)(4) of the Rules establish a base forfeiture amount of
    \$8,000 for violation of Section 73.673.[^18] In determining the
    appropriate forfeiture amount, we may adjust the base amount upward
    or downward by considering the factors enumerated in Section
    503(b)(2)(D) of the Act, including "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 such other matters as justice may require."[^19]

6.  In this case, the Licensee acknowledged that it did not provide the
    required information to program guide publishers. Further, the
    Licensee contended that the Commission has admonished licensees in
    prior cases for failure to comply with Section 73.673. However,
    these cases are inapposite since in *Paxson*, the licensee did not
    include the target-age range in its submissions to program guide
    publishers. Moreover, it appears that in this case, the violation
    lasted for a longer period of time than the length of the violation
    involved in *Bethany*. Accordingly, we find that the Licensee is
    apparently liable for a forfeiture in the amount of \$4,000 for its
    apparent willful and repeated violation of Section 73.673.

**IV. ORDERING CLAUSES**

7.  Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the
    Communications Act of 1934, as amended, and Section 1.80 of the
    Commission's Rules, that KNVL-TV, Inc. is hereby NOTIFIED of its
    APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand
    dollars (\$4,000) for its apparent willful and repeated violation of
    Section 73.673 of the Commission's Rules.

8.  IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
    Rules, that, within thirty (30) days of the release date of this
    *NAL,* KNVL-TV, 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 proposed 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 in the caption above.  Payment by check or money order
    may be mailed to Federal Communications Commission, at P.O. Box
    979088, St. Louis, MO  63197-9000.  Payment by overnight mail may be
    sent to U.S. Bank-Government Lockbox #979088, SL-MO-C2-GL, 1005
    Convention Plaza, St. Louis, MO  63101.  Payment by wire transfer
    may be made to ABA Number 021030004, receiving bank: TREAS NYC, BNF:
    FCC/ACV\--27000001 and account number as expressed on the remittance
    instrument.  If completing the FCC Form 159, enter the NAL/Account
    number in block number 23A (call sign/other ID), and enter the
    letters "FORF" in block number 24A (payment type code).

10. The response, if any, must be mailed to Office of the Secretary,
    Federal Communications Commission, 445 12^th^ Street, S.W.,
    Washington, D.C. 20554, ATTN: Barbara A. Kreisman, Chief, Video
    Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No.
    referenced above.

11. The Commission will not consider reducing or canceling a forfeiture
    in response to a claim of inability to pay unless the respondent
    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
    respondent'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 full payment of the forfeiture proposed in this *NAL*
    under the installment plan should be sent to: Associate Managing
    Director- Financial Operations, 445 12th Street, S.W., Room 1-A625,
    Washington, D.C. 20554.[^20]

13. IT IS FURTHER ORDERED that copies of this *NAL* shall be sent, by
    First Class and Certified Mail, Return Receipt Requested, to
    KNVL-TV, Inc. P.O. Box 1020, Nashville, Arkansas 71852-1020, and to
    its counsel, Joseph E. Dunne III, Esquire, P.O. Box 9203, Durango,
    Colorado 81302-9203.

FEDERAL COMMUNICATIONS COMMISSION

Barbara A. Kreisman

Chief, Video Division

Media Bureau

[^1]: 47 U.S.C. § 503(b); 47 C.F.R. § 1.80.

[^2]: See 47 C.F.R. § 0.283.

[^3]: *See* 47 C.F.R. § 73.673.

[^4]: Pub. L. No. 101-437, 104 Stat. 996-1000, *codified at* 47 U.S.C.
    Sections 303a, 303b and 394.

[^5]: 47 C.F.R. § 73.671.

[^6]: 11 FCC Rcd 10660 (1996) *(Children's Television Programming
    Order)*.

[^7]: 47 C.F.R. § 73.673.

[^8]: *Children's Television Programming Order,* 11 FCC Rcd at 10689.

[^9]: *Id.*

[^10]: *Id.*

[^11]: The Commission's records reflect that the Licensee's application
    to convert its LPTV facilities to Class A facilities was granted on
    October 13, 2000. (BLTTA-20000802AED).

[^12]: In support of its contention, the Licensee cited, *Paxson
    Communications License Co., LLC*, 21 FCC Rcd 2213 (Media Bureau
    2006) *(Paxson)*; *Bethany World Prayer Center, Inc.,* 21 FCC Rcd
    1704 (Media Bureau 2006) (*Bethany*).

[^13]: 47 U.S.C. § 503(b)(1)(B); s*ee also* 47 C.F.R. § 1.80(a)(1).

[^14]: 47 U.S.C. § 312(f)(1).

[^15]: *See* H.R. Rep. No. 97-765, 97^th^ Cong. 2d Sess. 51 (1982).

[^16]: *See Southern California Broadcasting Co.*, Memorandum Opinion
    and Order, 6 FCC Rcd 4387, 4388 (1991).

[^17]: 47 U.S.C. § 312(f)(2).

[^18]: *See Forfeiture Policy Statement and Amendment of Section 1.80(b)
    of the Rules to Incorporate the Forfeiture Guidelines*, Report and
    Order, 12 FCC Rcd 17087, 17113-15 (1997) *("Forfeiture Policy
    Statement"),* *recon. denied*, 15 FCC Rcd 303 (1999); 47 C.F.R. §
    1.80(b)(4), note to paragraph (b)(4), Section I.

[^19]: 47 U.S.C. § 503(b)(2)(D); *see also Forfeiture Policy Statement,*
    12 FCC Rcd at 17100-01; 47 C.F.R. § 1.80(b)(4); 47 C.F.R. §
    1.80(b)(4), note to paragraph (b)(4), Section II.

[^20]: *See* 47 C.F.R. § 1.1914.