####  Before the 

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) File No. EB-01-OR-254

New World Broadcasting Company, Inc. )

Licensee, Station KCLF(AM) ) NAL/Acct. No. 200232620003

New Roads, Louisiana 70760 )

) FRN 006-3876-25

)

## 

## [FORFEITURE ORDER]{.underline}

**Adopted: April 18, 2002 Released: April 22, 2002**

By the Chief, Enforcement Bureau:

**I.** **INTRODUCTION**

1\. In this *Forfeiture Order* ("*Order*"), we issue a monetary
forfeiture in the amount of two thousand dollars (\$2,000), to New World
Broadcasting Company, Inc. (\"New World\"), licensee of Station
KCLF(AM), for willful violation of Sections 11.35(a) and 73.1400 of the
Commission\'s Rules (\"Rules\").[^1] The noted violations involve New
World\'s failure to install operational Emergency Alert System (\"EAS\")
equipment at KCLF(AM) and its failure to monitor and control the
station\'s transmission system.

2\. On November 27, 2001, the District Director of the Commission\'s New
Orleans, Louisiana Field Office (\"New Orleans Office\") issued a
*Notice of Apparent Liability for Forfeiture* (\"*NAL*\")[^2] in the
amount of eleven thousand dollars (\$11,000). New World filed a response
on January 10, 2002.

**II.** **BACKGROUND**

3.  On September 20, 2001, a Commission agent from the New Orleans
    Office conducted an inspection of Station KCLF(AM) in New Roads,
    Louisiana. During the inspection, the agent found that KCLF(AM) did
    not have operational EAS equipment installed and that station
    personnel were not monitoring and controlling the transmission
    system. Further, the station transmitter was being left on 24 hours
    a day in violation of KCLF(AM)\'s authorization. On September 27,
    2001, the New Orleans Office issued a Notice of Violation (\"NOV\")
    to New World for the aforementioned violations. On October 15, 2001,
    New World submitted a response to the NOV. In its response, New
    World did not dispute the violations. Rather, New World explained
    that the defective EAS equipment would be repaired or replaced, and
    that a remote control unit would be installed to monitor and control
    the transmission system. On November 27, 2001, the District Director
    of the New Orleans Office issued a *NAL* for the violations. On
    January 10, 2002, New World submitted a response to the *NAL*. In
    its response, New World acknowledges that, at the time of the
    inspection, the EAS system at the station was not functioning and
    that the transmitter was unattended and operating without a remote
    control or monitoring system. Nevertheless, New World requests
    cancellation or rescission of the forfeiture for other reasons. New
    World asserts that payment of the proposed forfeiture would pose a
    severe financial hardship. Further, New World submits that because
    the language of Section 73.1400(b) provides for unattended operation
    of transmitters, it is not clear that any remote control equipment
    is required or that New World violated the rule. New World does not
    dispute the EAS violation. Therefore, New World contends that the
    forfeiture amount attributable to the Section 73.1400 violation
    should be rescinded.

### III. DISCUSSION

III. 4\. The forfeiture amount in this case was assessed in accordance
     with Section 503(b) of the Communications Act of 1934, as amended
     ("Act"),[^3] Section 1.80 of the Rules,[^4] 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). 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.[^5]

5\. Section 73.1400 of the Rules provides that licensees of AM, FM, and
TV stations are responsible for assuring that at all times the station
operates within tolerances specified by applicable technical rules
contained in Part 73 of the rules and in accordance with the terms of
the station authorization. Section 73.1400 further provides that any
method of complying with the applicable tolerances is permissible and
lists some typical methods of transmission system operation. The New
Orleans Office proposed a forfeiture against New World for violation of
Section 73.1400 of the Rules because New World had not employed any
method of transmission system operation to assure that it complied with
the time of operation specified in the station authorization. In its
response to the *NAL*, New World cites to Section 73.1400(b) of the
Rules, which provides for unattended operation of transmitters, and
questions whether any remote control equipment is required. Whether New
World is required to have remote control equipment is irrelevant. On the
day of the inspection, no method was being employed to maintain control
over the transmitter at the operating position and the transmitter was
operating 24 hours per day, in violation of the terms of the station
license. This was clearly a violation of Section 73.1400 of the Rules;
one which is not affected by Section 73.1400(b). Further, New World
completely overlooks the language in Section 73.1400 which requires
radio stations to operate in accordance with the terms of the station
authorization.[^6] We affirm the issuance of the forfeiture for
violation of Section 73.1400 of the Rules. As noted above, New World
does not challenge the EAS violation.

6\. New World also claims that payment of the proposed forfeiture amount
of \$11,000 would pose a severe financial hardship. In support of this
contention, New World submitted copies of its 1998, 1999, and 2000
federal income tax returns. Upon review of the financial documentation
provided by New World, we believe that reduction of the forfeiture
amount to \$2,000 is appropriate.

####  IV. ORDERING CLAUSES

7\. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,[^7] New World
Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the
amount of two thousand dollars (\$2,000) for violating Sections 11.35(a)
and 73.1400(a) of the Rules.

8\. 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.[^8] Payment shall be made by
mailing a check or similar instrument, payable to the order of the
\"Federal Communications Commission,\" to the Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment
should note NAL/Acct. No. 200232620003, and FRN 006-3876-25. Requests
for full payment under an installment plan should be sent to: Chief,
Revenue and Receivables Group, 445 12th Street, S.W., Washington, D.C.
20554.[^9]

9\. IT IS FURTHER ORDERED that, a copy of this *Order* shall be sent by
Certified Mail Return Receipt Requested to New World Broadcasting
Company, Inc. at P.O. Box 9, Parent Street, New Roads, Louisiana 70760
and to its counsel Bradford D. Carey, Esq. at Hardy, Carey, & Chautin,
L.L.P., 110 Veterans Boulevard, Suite 300, Metairie, Louisiana 70005.

**FEDERAL COMMUNICATIONS COMMISSION**

David H. Solomon

Chief, Enforcement Bureau

[^1]: ^?^ 47 C.F.R. §§ 11.35(a) and 73.1400.

[^2]: ^?^ *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    20023262003 (Enf. Bur., New Orleans Office, released November 27,
    2001).

[^3]: ^?^ 47 U.S.C. § 503(b).

[^4]: ^?^ 47 C.F.R. § 1.80.

[^5]: ^?^ 47 U.S.C. § 503(b)(2)(D).

[^6]: ^?^ This requirement was also addressed in paragraph 6 of the
    *NAL*.

[^7]: ^?^ 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^8]: ^?^ 47 U.S.C. § 504(a).

[^9]: ^?^ *See* 47 C.F.R. § 1.1914.