**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-06-TP-315       |
|                                  |   |                                 |
| Talknsports, Inc.                | ) | NAL/Acct. No.: 200732700012     |
|                                  |   |                                 |
| Licensee of Station WKFL         | ) | FRN: 0009644063                 |
|                                  |   |                                 |
| Bushnell, FL                     | ) |                                 |
|                                  |   |                                 |
| Facility ID \# 62365             | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

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

> Released: June 4, 2007

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

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    find that Talknsports, Inc. ("Talknsports"), licensee of station
    WKFL, Bushnell, Florida, apparently willfully and repeatedly
    violated Section 73.1740(a)(4) of the Commission's Rules
    ("Rules")[^1] by failing to notify the Commission and submit a
    written request to discontinue operations for more than 30 days. We
    conclude, pursuant to Section 503(b) of the Communications Act of
    1934, as amended ("Act"),[^2] that Talknsports is apparently liable
    for a forfeiture in the amount of five thousand dollars (\$5,000).

# BACKGROUND

2.  On February 4, 2007, in response to a complaint of unauthorized
    discontinuance of service, agents from the Commission's Tampa Office
    of the Enforcement Bureau ("Tampa Office") monitored station WKFL's
    operating frequency of 1170 kHz at approximately 2:00 PM for
    approximately forty five minutes. The agents confirmed that the
    station was not on the air.

3.  On February 5, 2007, the agents monitored station WKFL's operating
    frequency of 1170 kHz at approximately 1:15 PM for approximately 1.5
    hours and once again confirmed that the station was not on the air.
    Still on February 5, 2007, the agents conducted an inspection of
    station WKFL at its transmitter site in Bushnell, Florida. The
    agents confirmed that there was no electrical power going into the
    station's transmitter site.

4.  On February 6, 2007, an agent from the Tampa Office determined that
    power to the transmitter site was disconnected on September 1, 2006.
    The agent determined from the Commission's Media Bureau that, as of
    June 4, 2007, Talknsports had not notified the Commission of its
    discontinuance of service.

# DISCUSSION

5.  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) has been interpreted to mean simply that the acts or
    omissions are committed knowingly.[^3] The term "repeated" means the
    commission or omission of such act more than once or for more than
    one day.[^4]

6.  Section 73.1740(a)(1) of the Rules requires commercial AM broadcast
    stations to operate at least two-thirds of the total hours they are
    authorized to operate between 6 AM and 6 PM. Section 73.1740(a)(4)
    requires licensees that cannot comply with this minimum operating
    schedule for a period of not more than 30 days, due to causes beyond
    their control, to notify the Commission in Washington, DC no later
    than the 10^th^ day of limited or discontinued operation. "If the
    causes beyond the control of the licensee make it impossible to
    comply within the allowed \[30-day\] period, informal written
    request shall be made to the FCC no later than the 30^th^ day for
    such additional time as may be deemed necessary." Radio station WKFL
    is an AM station authorized to operate daytime only on the frequency
    of 1170 kHz. On February 4 and 5, 2007, agents from the Tampa Office
    monitored station WKFL during the daytime and determined that it was
    not operating. The agents determined that station WKFL could not
    operate after September 1, 2006, because electricity to its
    transmitter was disconnected on that date. As of June 4, 2007,
    Talknsports had not contacted the Commission regarding its
    discontinuance of service for over a nine-month period.

7.  Based on the evidence before us, we find that Talknsports apparently
    willfully and repeatedly violated Section 73.1740(a)(4) of the Rules
    by discontinuing service for over nine months without notifying the
    Commission or submitting an informal written request for additional
    time.

8.  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 unauthorized
    discontinuance of service is \$5,000.[^5] 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.[^6] Applying the *Forfeiture Policy Statement*,
    Section 1.80 of the Rules, and the statutory factors to the instant
    case, we conclude that Talknsports is apparently liable for a
    \$5,000 forfeiture.

# ORDERING CLAUSES

9.  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, Talknsports, Inc. is hereby **NOTIFIED** of
this **APPARENT LIABILITY FOR A FORFEITURE** in the amount of five
thousand dollars (\$5,000) for violation of Section 73.1740(a)(4) of the
Rules.[^7]

10. **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, Talknsports, Inc.
    **SHALL PAY** the full amount of the proposed forfeiture or **SHALL
    FILE** a written statement seeking reduction or cancellation of the
    proposed forfeiture**.**

11. 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.

12. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, South Central Region, Tampa Field
    Office, 2203, N. Lois Ave., Suite 1215, Tampa, FL 33607 and must
    include the NAL/Acct. No. referenced in the caption.

13. 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.

14. 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.[^8]

15. **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 Talknsports, 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. § 73.1740(a)(4).

[^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]: 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."

[^5]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^6]: 47 U.S.C. § 503(b)(2)(E).

[^7]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    73.1740(a)(4).

[^8]: *See* 47 C.F.R. § 1.1914