**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In re Application of             | *  | Facility I.D. No. 134469     |
|                                  | *) |                              |
| **American Institute for Jewish  | ** | NAL/Acct. No.                |
| Education**                      |    | MB-200941410001              |
|                                  | *  |                              |
| For Renewal of License for       | *) | FRN: 0008568065              |
|                                  | ** |                              |
| Low Power FM Station WMDI-LP     |    | File No. BRL-20060508ABM     |
|                                  | *  |                              |
| Lakewood, New Jersey             | *) |                              |
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+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**AND**

**NOTICE OF APPARENT LIABILITY FOR FORFEITURE**

**Adopted: February 4, 2009 Released: February 5, 2009**

By the Chief, Audio Division, Media Bureau:

**I. INTRODUCTION**

1.  The Commission has before it the captioned application of the
    American Institute for Jewish Education (the "Licensee"), for
    renewal of its license for low power FM Station WMDI-LP, Lakewood,
    New Jersey (the "Station"). In this *Memorandum Opinion and Order
    and Notice of Apparent Liability for Forfeiture ("NAL")* issued
    pursuant to Sections 309(k) and 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, Audio Division, Media Bureau,
    by authority delegated under Section 0.283 of the Rules,[^2] we find
    that the Licensee apparently willfully violated Section 73.3539 of
    the Rules,[^3] by failing to file a timely license renewal
    application for the Station. 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 two hundred fifty
    dollars (\$250), and we grant the captioned WMDI-LP renewal
    application.

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II. **BACKGROUND**

2\. Section 73.3539(a) of the Rules requires that applications for
renewal of license for broadcast stations must be filed "not later than
the first day of the fourth full calendar month prior to the expiration
date of the license sought to be renewed."[^4] An application for
renewal of WMDI-LP's license should have been filed by February 1, 2006,
four months prior to the Station's June 1, 2006, license expiration
date,[^5] but was not. In fact, the Licensee did not file the renewal
application until May 8, 2006, less than one month before the Station's
license expired. The Licensee provides no explanation for the untimely
filing of the renewal application.

**III. DISCUSSION**

3\. *Proposed Forfeiture.* In this case, the Licensee has failed to file
a timely license renewal application for WMDI-LP as required by Section
73.3539(a) of the Rules. Moreover, as noted above, the Licensee did not
provide an explanation for the late filing. Licensees are obligated to
comply fully with the Rules, including filing timely renewal
applications. Here, the Licensee did not do so.

4\. 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 failed willfully or repeatedly 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.[^6] 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.[^7] 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,[^8] and the Commission has so
interpreted the term in the Section 503(b) context.[^9]

5.  The Commission\'s *Forfeiture Policy Statement* and Section
    1.80(b)(4) of the Rules establish a base forfeiture amount of
    \$3,000 for the failure to file a required form.[^10] 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."[^11]

6.  In this case, the Licensee failed to file a timely renewal
    application. Taking into consideration these facts and all of the
    factors required by Section 503(b)(2)(D) of the Act and the
    *Forfeiture Policy Statement*, we will reduce the forfeiture from
    the base amount to two hundred fifty dollars (\$250) for the late
    filing.

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2.  *License Renewal Application.* In evaluating an application for
    license renewal, the Commission's decision is governed by Section
    309(k) of the Act.[^12] That section provides that if, upon
    consideration of the application and pleadings, we find that (1) the
    station has served the public interest, convenience, and
    necessity; (2) there have been no serious violations of the Act or
    the Rules; and (3) there have been no other violations which, taken
    together, constitute a pattern of abuse, we are to grant the renewal
    application.[^13] If, however, the licensee fails to meet that
    standard, the Commission may deny the application -- after notice
    and opportunity for a hearing under Section 309(e) of the Act -- or
    grant the application "on terms and conditions that are appropriate,
    including a renewal for a term less than the maximum otherwise
    permitted."[^14]

3.  We find that the Licensee's violation of Section 73.3539 of the
    Rules does not constitute a "serious violation" warranting
    designation for evidentiary hearing. Moreover, we find no evidence
    of violations that, when considered together, evidence a pattern of
    abuse.[^15] Further, we find that Station WMDI-LP served the public
    interest, convenience, and necessity during the subject license
    term. We will, therefore, grant the license renewal application
    below.

**IV. ORDERING CLAUSES**

4.  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 the American Institute for Jewish Education
    is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the
    amount of two hundred fifty dollars (\$250) for its apparent willful
    violation of Section 73.3539 of the Commission's Rules.

5.  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,* American Institute for Jewish Education SHALL PAY the full
    amount of the proposed forfeiture or SHALL FILE a written statement
    seeking reduction or cancellation of the proposed forfeiture.

6.  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).

7.  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: Peter H. Doyle, Chief, Audio Division,
    Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above.

8.  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.

9.  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.[^16]

10. IT IS FURTHER ORDERED, pursuant to Section 309(k) of the
    Communications Act of 1934, as amended, that the license renewal
    application of American Institute for Jewish Education for Station
    WMDI-LP, Lakewood, New Jersey (File No. BRL-20060508ABM) IS GRANTED.

11. IT IS FURTHER ORDERED that a copy of this *NAL* shall be sent, by
    First Class and Certified Mail-Return Receipt Requested, to American
    Institute for Jewish Education, 411 Clifton Avenue, Lakewood, New
    Jersey 08701 and to its representative, Mr. Jeff Sokol, 65 Drake
    Road, Lakewood, New Jersey 08701.

FEDERAL COMMUNICATIONS COMMISSION

Peter H. Doyle

Chief, Audio Division

Media Bureau

[^1]: 47 U.S.C. §§ 309(k), 503(b); 47 C.F.R. § 1.80.

[^2]: *See* 47 C.F.R. § 0.283.

[^3]: *See* 47 C.F.R. § 73.3539.

[^4]: 47 C.F.R. § 73.3539(a).

[^5]: *See* 47 C.F.R. §§ 73.1020, 73.3539(a).

[^6]: 47 U.S.C. § 503(b)(1)(B). *See also* 47 C.F.R. 1.80(a)(1).

[^7]: 47 U.S.C. § 312(f)(1).

[^8]: *See* H.R. Rep. No. 97-765, 97^th^ Cong. 2d Sess. 51 (1982).

[^9]: *See Southern California Broadcasting Co.*, Memorandum Opinion and
    Order, 6 FCC Rcd 4387, 4388 (1991).

[^10]: *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.

[^11]: 47 U.S.C. § 503(b)(2)(D); *see also Forfeiture Policy Statement,*
    12 FCC Rcd at 17100; 47 C.F.R. § 1.80(b)(4).

[^12]: 47 U.S.C. § 309(k).

[^13]: 47 U.S.C. § 309(k)(1). The renewal standard was amended to read
    as described by Section 204(a) of the Telecommunications Act of
    1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). S*ee Implementation
    of Sections 204(a) and 204(c) of the Telecommunications Act of 1996
    (Broadcast License Renewal Procedures)*, Order, 11 FCC Rcd 6363
    (1996).

[^14]: 47 U.S.C. §§ 309(k)(2), 309(k)(3).

[^15]: For example, we do not find here that the Licensee\'s Station
    operation \"was conducted in an exceedingly careless, inept and
    negligent manner and that the licensee is either incapable of
    correcting or unwilling to correct the operating deficiencies.\"
    *See Heart of the Black Hills Stations*, Decision, 32 FCC 2d 196,
    198 (1971). Nor do we find on the record here that \"the number,
    nature and extent\" of the violations indicate that \"the licensee
    cannot be relied upon to operate \[the station\] in the future in
    accordance with the requirements of its licenses and the
    Commission\'s Rules.\" *Heart of the Black Hills Stations*, 32 FCC
    2d at 200. *See also Center for Study and Application of Black
    Economic Development*, Hearing Designation Order, 6 FCC Rcd 4622
    (1991), *Calvary Educational Broadcasting Network, Inc*., Hearing
    Designation Order, 7 FCC Rcd 4037 (1992). We do note the existence
    of a recent Consent Decree between the Licensee and the Commission's
    Enforcement Bureau. However, under the terms of that document, the
    Consent Decree does not constitute an adjudication on the merits or
    a factual or legal finding or determination regarding any compliance
    or noncompliance with the Act or the Rules. *American Institute for
    Jewish Education*, DA 09-25, 24 FCC Rcd \_\_\_ (EB Jan. 16, 2009).

[^16]: *See* 47 C.F.R. § 1.1914.