**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Numbers: EB-07-OR-061     |
|                                   | * |                                |
| New World, L.L.C.                 | ) | NAL/Acct. No.: 200832620001    |
|                                   | * |                                |
| Licensee of KZTD-AM               | * | FRN: 0015736143                |
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| Cabot, Arkansas                   | * |                                |
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| Facility ID \# 25861              | ) |                                |
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## FORFEITURE ORDER

**Adopted:** September 11, 2008 **Released:** September 15, 2008

By the Regional Director, South Central Region, Enforcement Bureau:

**I.** **INTRODUCTION**

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of one thousand dollars (\$1,000) to New
    World, L.L.C. ("New World"), licensee of station KZTD-AM serving
    Cabot, Arkansas, for willful and repeated violation of Section
    73.3526 of the Commission's Rules ("Rules").[^1] The noted violation
    involves New World's failure to maintain and make available a public
    inspection file.

    **II. BACKGROUND**

2.  On July 17, 2007, in response to a complaint, agents from the
    Commission's New Orleans Office of the Enforcement Bureau ("New
    Orleans Office") inspected station KZTD-AM at its main studio in
    Cabot, Arkansas.[^2] Station KZTD-AM\'s General Manager, was present
    during the inspection. In response to a request made during normal
    business hours, the general manager was unable to produce any part
    of the station's public inspection file. On August 8, 2007, an agent
    from the New Orleans Office spoke to the station's owner, who was
    unsure of the status or location of the station's public inspection
    file and who stated that the general manager was in the process of
    compiling the required documents.

3.  On October 6, 2007, the New Orleans Office issued a *Notice of
    Apparent Liability for Forfeiture* to New World in the amount of ten
    thousand dollars (\$10,000) for the apparent willful and repeated
    violation of Section 73.3526 of the Rules.[^3] New World submitted a
    response to the *NAL* requesting a reduction or cancellation of the
    proposed forfeiture.

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III. **DISCUSSION**

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4.  The proposed forfeiture amount in this case was assessed in
    accordance with Section 503(b) of the Communications Act of 1934, as
    amended ("Act'),[^4] Section 1.80 of the Rules,[^5] and *The
    Commission's Forfeiture Policy Statement and Amendment of Section
    1.80 of the Rules to Incorporate the Forfeiture Guidelines*, 12 FCC
    Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("*Forfeiture
    Policy Statement*"). In examining New World's response, Section
    503(b) of the Act requires that the Commission take into account 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.[^6]

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.[^7] 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.[^8] Section 73.3526(e) of the Rules
    specifies the material to be retained in the public inspection
    file.[^9] In response to a request made during regular business
    hours, station KZTD-AM's general manager was unable to locate or
    make available any part of the station's public inspection file. He
    was unable to find any evidence that the public inspection file had
    ever existed at the main studio. Subsequent to the inspection, the
    station's owner was unable to provide information regarding the
    status or location of the station's public inspection file.

6.  Thus, based on the evidence before us, we find that New World
    willfully[^10] and repeatedly[^11] violated Section 73.3526 of the
    Rules by failing to maintain a public inspection file and willfully
    violated Section 73.2526 of the Rules by failing to make available a
    public inspection file.

7.  New World requests reduction or cancellation of the forfeiture
    because it claims it only became the licensee for the station on
    February 2, 2007. However, New World was the licensee of the station
    for over five months before the agents' inspection and had ample
    time in which to assemble its public inspection file.[^12] 
    Accordingly, we deny New World's request to cancel or reduce its
    forfeiture on these grounds.

8.  Finally, New World requests reduction or cancellation of its
    forfeiture, because it asserts imposition of the forfeiture would
    pose a financial hardship. The Commission has determined that, in
    general, an entity\'s gross revenues are the best indicator of its
    ability to pay a forfeiture.[^13] After examining the financial
    documentation submitted by New World, we agree and reduce the
    forfeiture to \$1,000 based on its demonstrated inability to pay.

9.  We have examined New World's response to the *NAL* pursuant to the
    statutory factors above, and in conjunction with the *Forfeiture
    Policy Statement*. As a result of our review, we conclude that New
    World willfully and repeatedly violated Section 73.3526 of the Rules
    by failing to maintain and make available a public inspection file.
    However, we reduce the forfeiture for this violation to \$1,000,
    based on New World's demonstrated inability to pay.

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IV. **ORDERING CLAUSES**

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10. Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311 and 1.80(f)(4) of the Commission's Rules, New World, L.L.C.
    **IS LIABLE FOR A MONETARY FORFEITURE** in the amount of one
    thousand dollars (\$1,000) for violation of Section 73.3526 of the
    Rules.[^14]

11. Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules within 30 days of the release of this
    Order. If the forfeiture is not paid within the period specified,
    the case may be referred to the Department of Justice for collection
    pursuant to Section 504(a) of the Act.[^15] 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/Account Number and FRN Number referenced above.
    Payment by check or money order may be mailed to Federal
    Communications Commission, 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\[**s**\] by wire transfer may be made to
    ABA Number 021030004, receiving bank TREAS/NYC, and account
    number 27000001. For payment by credit card, an FCC Form 159
    (Remittance Advice) must be submitted.  When 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). Requests for full payment under an installment
    plan should be sent to:  Chief Financial Officer \-- Financial
    Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 
    20554.   Please contact the Financial Operations Group Help Desk at
    1-877-480-3201 or Email: <ARINQUIRIES@fcc.gov> with any questions
    regarding payment procedures. New World will also send electronic
    notification on the date said payment is made to
    SCR-Response@fcc.gov.

12. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class and Certified Mail Return Receipt Requested to New
    World, L.L.C. at its address of record and to its counsel, Lee
    Petro, Fletcher, Heald & Hildreth, P.L.C., 1300 North 17^th^ Street,
    11^th^ Floor, Arlington, VA 22209.

    FEDERAL COMMUNICATIONS COMMISSION

    Dennis P. Carlton

    Regional Director, South Central Region

    Enforcement Bureau

[^1]: 47 C.F.R. § 73.3526.

[^2]: On June 11, 2007, an agent from the New Orleans Office informed
    station KZTD-AM's owner that the Office had received a complaint of
    several violations at the station, including a public inspection
    file violation.

[^3]: *N**otice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200832620001 (Enf. Bur., New Orleans Office, October 6, 2007)
    ("*NAL*").

[^4]: 47 U.S.C. § 503(b).

[^5]: 47 C.F.R. § 1.80.

[^6]: 47 U.S.C. § 503(b)(2)(D).

[^7]: 47 C.F.R. § 73.3526(a)(2).

[^8]: 47 C.F.R. § 73.3526(c)(1).

[^9]: 47 C.F.R. § 73.3526(e).

[^10]: 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,'
    ... 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).

[^11]: As provided by 47 U.S.C. § 312(f)(2), a continuous violation is
    "repeated" if it continues for more than one day. The *Conference
    Report* for Section 312(f)(2) indicates that Congress intended to
    apply this definition to Section 503 of the Act as well as Section
    312. *See* H.R. Rep. 97^th^ Cong. 2d Sess. 51 (1982). *See Southern
    California Broadcasting Company*, 6 FCC Rcd 4387, 4388 (1991) and
    *Western Wireless Corporation*, 18 FCC Rcd 10319 at fn. 56 (2003).

[^12]: *See WGUL-FM, Inc.*, Forfeiture Order, 14 FCC Rcd 6106 (Compl. &
    Inf. Bur. 1999), *recon. denied* 15 FCC Rcd 11163 (Enf. Bur., 2000),
    *app. for rev. denied in part, granted in part*, 15 FCC Rcd 24366
    (2000) (holding licensee of two months responsible for public
    inspection file violation); *Joy Public Broadcasting Corporation,*
    [*Inc.*, Forfeiture Order, 14 FCC Rcd 11326 (Compl. & Inf. Bur.,
    1999)](http://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW8.07&serialnum=1999285279&fn=_top&sv=Split&tc=-1&findtype=Y&ordoc=2001500081&db=4493&vr=2.0&rp=%2Ffind%2Fdefault.wl&mt=Communications),
    *recon. denied*, [15 FCC Rcd
    8575](http://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW8.07&serialnum=2000070262&fn=_top&sv=Split&tc=-1&findtype=Y&ordoc=2001500081&db=4493&vr=2.0&rp=%2Ffind%2Fdefault.wl&mt=Communications)
    (Enf. Bur., 2000)*, recon. denied*, [15 FCC Rcd 18255 (Enf. Bur.,
    2000)](http://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW8.07&serialnum=2000495520&fn=_top&sv=Split&tc=-1&findtype=Y&ordoc=2001500081&db=4493&vr=2.0&rp=%2Ffind%2Fdefault.wl&mt=Communications),
    *recon. granted in part*, 16 FCC Rcd 2283 (Enf. Bur,, 2001), *recon.
    denied*, 16 FCC Rcd 8415 (Enf. Bur., 2001), *recon dismissed* 16 FCC
    Rcd 11971(Enf. Bur., 2001) (holding licensee of two months
    responsible for rule violations).

[^13]: *See PJB Communications of Virginia, Inc*., 7 FCC Rcd 2088, 2089
    (1992) (forfeiture not deemed excessive where it represented
    approximately 2.02 percent of the violator's gross revenues); *Local
    Long Distance, Inc.,* 16 FCC Rcd 24385 (2000) (forfeiture not deemed
    excessive where it represented approximately 7.9 percent of the
    violator's gross revenues); *Hoosier Broadcasting Corporation,* 15
    FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
    represented approximately 7.6 percent of the violator's gross
    revenues).

[^14]: 47 U.S.C. §§ 301, 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4),
    73.3526.

[^15]: 47 U.S.C. § 504(a).