Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | FRN: 0004333019              |
|                                  | * |                              |
| Wilson Broadcasting, Inc.        | ) | File Number: EB-07-AT-015    |
|                                  | * |                              |
| Licensee of WJJN-FM              | * | NAL/Acct. No.: 200732480006  |
|                                  |   |                              |
| Columbia, Alabama                | * | File Number: EB-07-AT-013    |
|                                  | * |                              |
| Facility ID \# 30280             | ) | NAL/Acct. No.: 200732480004  |
|                                  | * |                              |
| Licensee of WAGF (AM)            | * | File Number: EB-07-AT-014    |
|                                  |   |                              |
| Dothan, Alabama                  | * | NAL/Acct. No.: 200732480005  |
|                                  | * |                              |
| Facility ID \# 30278             | ) |                              |
|                                  | * |                              |
| Licensee of WAGF-FM              | * |                              |
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| Dothan, Alabama                  | * |                              |
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| Facility ID \# 30279             | ) |                              |
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+----------------------------------+---+------------------------------+

## MEMORANDUM OPINION AND ORDER

**Adopted:** August 16, 2007 **Released:** August 20, 2007

By the Associate Chief, Enforcement Bureau:

**I. INTRODUCTION**

1.  In this Memorandum Opinion and Order ("Order"), we deny the petition
    for reconsideration filed by Wilson Broadcasting, Inc. ("Wilson"),
    licensee of station WJJN-FM, in Columbia, Alabama and stations WAGF
    (AM) and WAGF-FM in Dothan, Alabama ("Three Stations"), of the
    *Forfeiture Order* issued April 23, 2007.[^1] The *Forfeiture Order*
    imposed a monetary forfeiture in the amount of \$12,000 on Wilson
    for the willful and repeated violation of Section 73.3526 of the
    Commission's Rules ("Rules").[^2] The noted violations involved
    Wilson's failure to maintain complete public inspection files for
    the Three Stations.

### II. BACKGROUND

2.  The Three Stations are co-located in one main studio. On January 23,
    2007, an agent from the Commission's Atlanta Office of the
    Enforcement Bureau ("Atlanta Office") requested to inspect the Three
    Stations' public inspection files during normal business hours. The
    stations' owner directed the agent to a single file cabinet with
    three drawers, one for each station.[^3] The top drawer of the file
    cabinet contained one file folder for the Three Stations'
    Issues/Programs lists that contained one document labeled
    Issues/Programs and dated March 2003. The Three Stations' owner
    admitted that he had not compiled the Issues/Programs lists since
    March 2003, and no material for any of the lists was readily
    available at the co-located main studio.

3.  On February 13, 2007, the Atlanta Office issued three *Notices of
    Apparent Liability for Forfeiture* to Wilson, each in the amount of
    four thousand dollars (\$4,000), for the apparent willful and
    repeated violation of Section 73.3526 of the Rules.[^4] Wilson
    submitted a single response to the *NALs* requesting a reduction or
    cancellation of the proposed forfeiture. On April 23, 2007, the
    Enforcement Bureau ("Bureau") released the *Forfeiture Order*, in
    which the Bureau addressed the three *NALs*. The Bureau received
    Wilson's petition for reconsideration on May 23, 2007, requesting
    reduction or cancellation of the forfeiture.

**III. DISCUSSION**

4.  The forfeiture amount in this case was assessed in accordance with
    Section 503(b) of the Act, [^5] Section 1.80 of the Rules,[^6] and
    *The Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines*.[^7] In examining Wilson's petition, 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 any other such matters as justice may
    require.[^8]

5.  In its petition for reconsideration, Wilson again alleges that its
    forfeiture should be cancelled or reduced because the Three
    Stations' issues/programs lists were prepared, but not placed in the
    public inspection files. Wilson again states that, due to the
    owner's nervousness, he did not know the agent wanted to see the
    stations' issues/programs lists because she referred to "issues
    lists." According to the agent, the agent requested to inspect the
    Three Stations' public inspection files and mentioned the Broadcast
    Self-Inspection Checklist to Wilson's owner, for more
    information.[^9] Wilson's owner produced the public inspection files
    that contained a folder with one issues/programs list dated
    March 2003. The agent asked for additional "Issues/Programs lists,"
    and that the owner admitted that the more recent lists had not been
    compiled. The owner did not produce any evidence during the
    inspection that the lists had been maintained. According to Wilson's
    owner, however, the agent asked to inspect the public inspection
    files and then said something to the effect of do you admit that
    "issues lists" -- as opposed to "issues/programs lists" - after
    March 2003 are not in the file, to which he replied, yes. Wilson's
    owner asserts if he had known what the agent wanted,[^10] or "had he
    ever been asked**,**" he would have confirmed that the
    issues/programs lists were being maintained and might have been able
    to produce them. In support of his sworn statement, Wilson's owner
    attached to its response to the *NALs* copies of issues/programs
    lists compiled after March 2003.

6.  Despite Wilson's statement that recent issues/programs lists were
    maintained elsewhere at the station during the inspection, we find
    no reason to reduce or cancel the forfeiture. Wilson's owner was
    aware of what a public inspection file is and admits that, during
    the inspection, he produced public inspection files, which included
    a folder containing an old issues/programs list. Wilson's owner also
    admits that current issues/programs lists were not maintained *in*
    the public inspection files and that he did not make available
    complete public inspection files on January 23, 2007. The
    possibility that Wilson's owner did not understand the agent's
    question after producing and viewing the issues/programs list folder
    is irrelevant, because the agent was not required to provide the
    owner an additional opportunity to supplement the public inspection
    files during the inspection. Moreover, the Bureau has previously
    assessed \$4,000 forfeitures for willfully failing to make available
    all required issues/programs lists.[^11] Accordingly, the District
    Director of the Atlanta Office could have issued three notices of
    apparent liability to Wilson each proposing a \$4,000 forfeiture for
    willfully failing to make available a complete public inspection
    file. Therefore, as in the *Forfeiture Order*, we uphold the
    forfeiture, because on January 23, 2007, the required
    issues/programs lists were not located in the public inspection
    files and complete public inspection files were not provided to the
    agent.

7.  Wilson also requests a reduction of the forfeiture due to the
    circumstances or gravity of the violation. Although it acknowledges
    that each station was required to maintain its own issues/programs
    list, it claims the three lists would have been identical because
    the stations broadcast the same public affairs programming and it
    should not be penalized three times for failing to maintain two
    extra copies of the same paper. It also again claims that the lists
    had been compiled, contrary to the statements contained in the
    *NAL,* and that no member of the public asked to inspect the public
    inspection files. Finally, Wilson requests a reduction in the amount
    of the forfeiture, citing several cases in which violators received
    forfeitures less than \$4,000 for missing Issues/Programs lists.

8.  We find no basis upon which to reduce Wilson's forfeiture. Section
    73.3526 of the Rules is clear that each station must maintain a
    separate public inspection file. Although Wilson's stations may have
    broadcast the same local issues programming, the stations are not
    required to do so and are required to maintain separate
    issues/programs lists; *i.e.* the Three Stations cannot share a
    single copy of issues/programs lists. Indeed, Issues/Programs lists
    identify programming, which addresses the needs of the communities
    of license, which in this case are not the same; station WJJN does
    not share the same community of license as stations WAGF. Therefore,
    we do not agree that Wilson is being penalized three times for the
    same violation or that its forfeiture should be reduced. Similarly,
    we do not agree that its forfeiture should be reduced because no
    other member of the public requested to inspect the public
    inspection files. The rules require public inspection files to be
    available upon request, and Wilson was unable to comply fully with
    the rules. The harm, inability to provide full information to the
    public, exists whether or not a member of the public, who is not an
    agent, requests to inspect the public inspection file.

9.  Finally, we do not agree that failing to make available a complete
    public inspection file is a less serious violation than failing to
    maintain and make available a complete public inspection file. In
    both cases, the required information would be unavailable to the
    requesting member of the public. Moreover, we do not agree that we
    should reduce the forfeiture, based on the cases cited by Wilson in
    which the licensee received forfeitures less than \$4,000 for
    missing issues/programs lists. The latest Notice of Apparent
    Liability for these cases was released on August 26, 2005.[^12]
    Recent cases have consistently assessed forfeitures of \$4,000 for
    missing two or more quarters of Issues/Programs lists.[^13]
    Accordingly, we decline to reduce the forfeitures, as they are
    consistent with current forfeiture amounts.

10. Therefore, we find no basis upon which to cancel or reduce the
    forfeiture imposed in the *Forfeiture Order*.

**IV. ORDERING CLAUSES**

11. Accordingly, **IT IS ORDERED** that, pursuant to Section 405 of the
    Communications Act of 1934, as amended,[^14] and Section 1.106 of
    the Commission's Rules,[^15] Wilson Broadcasting, Inc.'s petition
    for reconsideration of the April 23, 2007 *Forfeiture Order* **IS**
    hereby **DENIED**.

12. **IT IS ALSO ORDERED** that, pursuant to Section 503(b) of the Act,
    and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,[^16] Wilson
    Broadcasting, Inc. **IS LIABLE FOR A MONETARY FORFEITURE** in the
    amount of twelve thousand dollars (\$12,000) for violations of
    Section 73.3526 of the Rules.

13. Payment of the \$12,000 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.[^17]
    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. Requests for full payment under an installment plan
    should be sent to: Associate Managing Director, Financial
    Operations, 445 12th Street, S.W., Room 1A625, Washington, D.C.
    20554.[^18]

14. **IT IS FURTHER ORDERED** that this Order shall be sent by regular
    mail and by certified mail, return receipt requested, to Wilson
    Broadcasting, Inc. at its address of record and to its counsel,
    Dan J. Alpert, 2120 North 21^st^ Road, Arlington, VA 22201.

**FEDERAL COMMUNICATIONS COMMISSION**

George R. Dillon

Associate Chief, Enforcement Bureau

[^1]: *Wilson Broadcasting, Inc.*, Forfeiture Order, 22 FCC Rcd 7438
    (Enf. Bur. South Central Region, 2007) ("*Forfeiture Order*").

[^2]: 47 C.F.R. § 17.51(a).

[^3]: The *Forfeiture Order* incorrectly stated that the station
    produced one public inspection file for the Three Stations in
    response to the agent's request.

[^4]: *Notices of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200732480004, 200732480005, and 200732480006 (Enf. Bur., Atlanta
    Office, February 13, 2007) ("*NALs*"). We consolidated the *NALs*
    into one *Forfeiture Order*, because Wilson submitted one response
    to the *NALs*.

[^5]: 47 U.S.C. § 503(b).

[^6]: 47 C.F.R. § 1.80.

[^7]: 12 FCC Rcd. 17087 (1997), *recon. denied*, 15 FCC Rcd. 303 (1999).

[^8]: 47 U.S.C. § 503(b)(2)(D).

[^9]: The Broadcast Self-Inspection Checklist has a check box for
    "issues-programs listings." The station owner was familiar with this
    checklist, as he had previously participated in the Alternate
    Broadcast Inspection Program.

[^10]: In response to the agent's requests, Wilson's owner was able to
    produce a file that contained old issues/programs lists, which were
    in the same format as the more recent issues/programs lists that the
    owner claims to have compiled.

[^11]: *See, e.g., Fannin County Broadcasting*, Notice of Apparent
    Liability for Forfeiture, NAL/Acct. No. 200732480007 (Enf. Bur.
    Atlanta Office, February 8, 2007).

[^12]: *See* *Gerald Parks*, Notice of Apparent Liability for
    Forfeiture, NAL/Acct. No. 200532360003 (Enf. Bur. Detroit Office,
    August 26, 2005). In *Twenty-One Sound Communications*, the Bureau
    reduced the forfeiture associated with the public file violation
    from \$10,000 to \$3,000 in the Forfeiture Order, however, that
    order was released July 27, 2005. *Twenty-One Sound*, Forfeiture
    Order, 20 FCC Rcd 12496 (Enf. Bur. South Central Region 2005).

[^13]: *See, e.g., Fannin County Broadcasting*, Notice of Apparent
    Liability for Forfeiture, NAL/Acct. No. 200732480007 (Enf. Bur.
    Atlanta Office, February 8, 2007), *Community Broadcast Group*,
    Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
    200732500003 (Enf. Bur. Dallas Office, January 30, 2007), *Cumulus
    Licensing, LLC*, Notice of Apparent Liability for Forfeiture,
    NAL/Acct. No. 20073270006 (Enf. Bur. Tampa Office, January 3, 2007),
    *Multicultural Radio Broadcasting Licensee,* Notice of Apparent
    Liability for Forfeiture, NAL/Acct. No. 200732940003 (Enf. Bur. San
    Diego Office, December 28, 2006), *Access.1 NY License Company,
    LLC*, Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
    20073238000 (Enf. Bur. New York Office, July 12, 2006).

[^14]: 47 U.S.C. § 405.

[^15]: 47 C.F.R. § 1.106.

[^16]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 17.51(a).

[^17]: 47 U.S.C. § 504(a).

[^18]: *See* 47 C.F.R. § 1.1914.