**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | Facility I.D. No. 70492      |
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| KAZH License, LLC                | ** | NAL/Acct. No. 0741420016     |
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| Licensee of Station KAZH(TV)     | *  | FRN: 0006252746              |
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| Baytown, Texas                   | ** |                              |
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+----------------------------------+----+------------------------------+

**NOTICE OF APPARENT**

**LIABILITY FOR FORFEITURE**

**Adopted: March 8, 2007 Released: March 9, 2007**

By the Chief, 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, Media Bureau pursuant to authority
    delegated under Section 0.283 of the Rules,[^2] we find that KAZH
    License, LLC (the "Licensee"), licensee of Station KAZH(TV),
    Baytown, Texas (the "Station"), apparently violated Section
    73.3526(e)(11)(iii) of the Rules, by failing to publicize the
    existence and location of its Children's Television Programming
    Reports.[^3] We also find that the Licensee apparently violated
    Section 73.673 by failing to provide to publishers of program guides
    information identifying programming specifically designed to educate
    and inform children. 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 fourteen thousand
    dollars (\$14,000) for its violations of Sections
    73.3526(e)(11)(iii) and 73.673 of the Rules.

**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 air programming that
    serves the educational and informational needs of children through
    both the licensee's overall programming and programming
    "specifically designed" to educate and inform children (core
    programming).[^5] The Commission's rules require commercial
    licensees to provide information to the public about the shows they
    air to fulfill their obligation. Subsection 73.3526(e)(11)(iii) of
    the Rules requires each commercial television broadcast station to
    prepare and place in its public inspection file a Children's
    Television Programming Report (FCC Form 398) for each calendar
    quarter reflecting, *inter alia*, the efforts it has made during the
    quarter to serve the educational needs of children. As set forth in
    Subsection 73.3526(e)(11)(iii), licensees are also required to file
    the reports with the Commission and to publicize for the public the
    existence and location of the reports. In addition, licensees are
    required 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.[^6]

3.  On April 3, 2006, the Licensee filed its license renewal application
    (FCC Form 303-S) for Station KAZH(TV) (the "Application") (File No.
    BRCT-20060403BKB). In Exhibit 24 and a December 5, 2006 amendment to
    its Application, the Licensee indicated that, it did not publicize
    the existence and location of the Station's Children's Television
    Programming Reports, as set forth in Section 73.3526(e)(11)(iii) of
    the Rules.[^7] The Licensee stated that the Station's general
    manager was unaware of this requirement. The Licensee reported that
    it began publicizing the existence and location of the Station's
    Children's Television Programming Reports in June 2006. It appears
    that the Licensee failed to comply with Section 73.3526(e)(11)(iii)
    for over six years.

4.  In addition, in response to Section IV, Question 9 of the
    Application, the Licensee stated, it had failed to provide
    information identifying each core program aired on its station,
    including an indication of the target child audience, to publishers
    of program guides.[^8] Again, the Licensee indicated that the
    general manager of the Station was unaware of the requirement to
    provide information identifying core programs to publishers of
    program guides. The Licensee claimed that it began providing this
    information in June 2006.

**III. DISCUSSION**

5.  The Licensee's failure to publicize the existence and location of
    the Children's Television Programming Reports and to provide to
    publishers of program guides information identifying programming
    specifically designed to educate and inform children constitutes
    apparent willful and repeated violations of Sections
    73.3526(e)(11)(iii) and 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.[^9] 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.[^10] 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,[^11] and the Commission has so
    interpreted the term in the Section 503(b) context.[^12] 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."[^13]

6.  The Commission's *Forfeiture Policy Statement* and Section
    1.80(b)(4) of the Rules establish a base forfeiture amount of
    \$10,000 for violation of Section 73.3526 and a base forfeiture
    amount of \$8,000 for violation of Section 73.673.[^14] 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."[^15]

7.  In this case, the Licensee acknowledged that it failed to publicize
    the existence and location of the Station's Children's Television
    Programming Reports and that it failed to provide to publishers of
    program guides information identifying programming specifically
    designed to educate and inform children. The Licensee was out of
    compliance for over six years. It appears that its efforts to comply
    with Sections 73.3526(e)(11)(iii) and 73.673 only began in
    June 2006. Accordingly, we find that the Licensee is apparently
    liable for a forfeiture in the amount of \$7,000 for its apparent
    willful and repeated violation of Section 73.3526(e)(11)(iii) and
    the amount of \$7,000 for its apparent willful and repeated
    violation of Section 73.673, for a total proposed forfeiture in the
    amount of \$14,000.

**IV. ORDERING CLAUSES**

8.  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 KAZH License, LLC is hereby NOTIFIED of its
    APPARENT LIABILITY FOR FORFEITURE in the amount of fourteen thousand
    dollars (\$14,000) for its apparent willful and repeated violations
    of Sections 73.3526(e)(11)(iii) and 73.673 of the Commission's
    Rules.

9.  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,* KAZH License, LLC SHALL PAY the full amount of the proposed
    forfeiture or SHALL FILE a written statement seeking reduction or
    cancellation of the proposed forfeiture.

10. 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 above. Payment by check or money order may be mailed to
    Federal Communications Commission, at P.O. Box 358340, Pittsburgh,
    Pennsylvania 15251-8340. Payment by overnight mail may be sent to
    Mellon Bank/LB 358340, 500 Ross Street, Room 1540670, Pittsburgh,
    Pennsylvania 15251. Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account number
    911-6106.

11. 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.

12. 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.

13. 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]

14. IT IS FURTHER ORDERED that copies of this *NAL* shall be sent, by
    First Class and Certified Mail, Return Receipt Requested, to KAZH
    License, LLC, 500 South Chinowth Road, Visalia, California 93277,
    and to its counsel, John G. Johnson, Jr., Esq. Paul, Hastings,
    Janofsky & Walker LLP, 875 15^th^ Street, N.W., Washington, D.C.
    20005.

FEDERAL COMMUNICATIONS COMMISSION

Monica Desai

Chief, 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. § 73.3526(e)(11)(iii).

[^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]: *See* 47 C.F.R. § 73.673.

[^7]: On July 7, 1999, the Commission granted an application to assign
    the license for station KAZH(TV) from VVI Baytown, Inc. to Pappas
    Telecasting of Houston, CA LP. That assignment transaction was
    consummated on September 24, 1999. On December 18, 2001, the
    Commission granted the *pro forma* assignment of the license for
    station KAZH(TV) from Pappas Telecasting of Houston, A California
    Limited Partnership to KAZH License, LLC. That assignment
    transaction was consummated on December 31, 2001.

[^8]: 47 C.F.R. § 73.673.

[^9]: 47 U.S.C. § 503(b)(1)(B); s*ee also* 47 C.F.R. § 1.80(a)(1).

[^10]: 47 U.S.C. § 312(f)(1).

[^11]: *See* H.R. Rep. No. 97-765, 97^th^ Cong. 2d Sess. 51 (1982).

[^12]: *See Southern California Broadcasting Co.*, Memorandum Opinion
    and Order, 6 FCC Rcd 4387, 4388 (1991).

[^13]: 47 U.S.C. § 312(f)(2).

[^14]: *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.

[^15]: 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.

[^16]: *See* 47 C.F.R. § 1.1914.