**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | )  | File No. EB-04-TC-101        |
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| NBC Telemundo License Co.        | )  | Facility ID No. 47904        |
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| Licensee of WRC-TV               | )  | NAL/Acct. No. 200532170010   |
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| Washington, D.C.                 | )  | FRN: 0009825456              |
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| Apparent Liability for           | )  |                              |
| Forfeiture                       |    |                              |
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|                                  | )  |                              |
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**NOTICE OF APPARENT LIABILITY FOR FORFEITURE**

**Adopted: May 25, 2005 Released: May 25, 2005**

By the Acting Chief, Enforcement Bureau:

#### INTRODUCTION

1\. In this Notice of Apparent Liability for Forfeiture ("NAL"),[^1] we
find that NBC Telemundo License Co. ("NBC") apparently willfully or
repeatedly violated section 713 of the Communications Act of 1934, as
amended (the "Act"),[^2] and section 79.2(b)(1)(i) of the Commission's
rules.[^3] NBC apparently violated the Act and the Commission's rules by
failing to make accessible to persons with hearing disabilities
emergency information that it provided aurally in its programming for
WRC-TV during a thunderstorm/tornado watch in the Washington, D.C.
Metropolitan area on May 25, 2004. Based upon our review of the facts
and circumstances, we find NBC apparently liable for a forfeiture in the
amount of \$16,000.

# II. Background {#ii.-background .unnumbered}

2\. Approximately one in ten Americans -- 28 million -- has some level
of hearing loss; in the population of people over 65 years of age, this
proportion increases to one in three.[^4] As the median age of the
population continues to rise, the proportion of Americans with hearing
loss will likely increase.[^5] According to the American
Speech-Language-Hearing Association, "\[t\]he number of Americans with a
hearing loss has evidentially doubled during the past 30 years. Data
gleaned from Federal surveys illustrate the following trend of
prevalence \[of hearing loss\] for individuals aged three years or
older: 13.2 million (1971), 14.2 million (1977), 20.3 million (1991),
and 24.2 million (1993)."[^6] Access to television information in an
emergency is critical for all Americans, including this important and
growing segment of our population.

**A. Requirements for Accessibility of Emergency Information**

3\. Congress recognized how important visual access to televised
information is to individuals with hearing disabilities, and required
the Commission, pursuant to section 713 of the Act,[^7] to prescribe
rules regarding Video Programming Accessibility. Pursuant to this
direction, and out of a concern that critical emergency information be
available to every television viewer, including persons with hearing
disabilities, the Commission adopted section 79.2 of the rules.[^8]
Section 79.2(b)(1)(i) requires that video programming distributors
providing emergency information in the audio portion of programming must
provide persons with hearing disabilities with the same access to such
information that distributors provide to listeners, either through a
method of closed captioning or by using another method of visual
presentation.[^9]

4\. The Commission's rules do not require closed captioning,[^10] but
allow for other methods of visual presentation, including, but not
limited to, open captioning, crawls, or scrolls.[^11] The Commission
stated that it was permitting these alternatives because it was
concerned about the limited "real-time" captioning resources available
and their current costs.[^12] The Commission made clear, however, that
regardless of the method of visual presentation used, video programming
distributors must "use \[a\] method of visual presentation \[that\]
ensure\[s\] the same accessibility \[to emergency information\] for
persons with hearing disabilities as for any other viewer, as required
by the rule."[^13] This could include already prepared signs or charts
or handwritten information contained on a white board.[^14] The
Commission mandated equal accessibility because emergency information is
of "equal or greater importance to persons with hearing disabilities,
and television plays a critical role in its dissemination." [^15]
Further, it is clear from the Commission's definition of emergency
information, *i.e.*, information about a "current" emergency that
provides critical details concerning "how to respond to the
emergency,"[^16] that the Commission required video programming
distributors to display emergency information in a timely manner so that
viewers can respond to a current emergency before becoming endangered.
The Commission long ago recognized the importance of timeliness of
providing emergency information, noting that "if visual notification is
delayed, it should not be unreasonably delayed so that a hearing
impaired person would not have time to take reasonable and constructive
precautions with regard to the emergency."[^17]

5\. The Commission defined emergency information in section 79.2 as
"information, about a current emergency, that is intended to further the
protection of life, health, safety, and property, i.e., critical details
regarding the emergency and how to respond to the emergency,"[^18] not
merely the existence of an emergency.[^19] The rule provides the
following non-exhaustive list of examples of the types of emergencies
covered: "*tornadoes*, hurricanes, floods, tidal waves, earthquakes,
icing conditions, heavy snows, widespread fires*,* discharge of toxic
gases, widespread power failures, industrial explosions, civil
disorders, school closings and changes in school bus schedules resulting
from such conditions, and *warnings and watches of impending changes in
weather*."[^20] The Commission further stated that critical details
included, among other things, "specific details regarding the areas that
will be affected by the emergency, evacuation orders, detailed
descriptions of areas to be evacuated*,* specific evacuation routes,
approved shelters or *the way to take shelter in one\'s home,*
instructions on how to secure personal property, road closures, and how
to obtain relief assistance."[^21] Since the adoption of the rules, the
Commission has repeatedly reminded video programming distributors of
their obligation to make emergency information accessible.[^22]

**B. The Investigation**

6\. On May 25, 2004, the Washington, D.C. Metropolitan area was subject
to a severe thunderstorm/tornado watch. The Commission received a
consumer complaint against WRC-TV alleging that the station failed to
make information on the thunderstorm/tornado watch accessible to persons
with hearing disabilities that resulted in confusion for those viewers
about the severity and location of the emergency including what they
should do to remain safe. In the words of the complainant, at "8:30 p.m.
\[d\]uring the severe thunderstorm/tornado watch period, I turned to
Channel 4 (WRC) and saw a map. A visual showed a list of weather-related
details: temperature, wind, gust, etc. but those details were
meaningless to me. The 'storm track box' gave no information about
whether these things meant there was a danger to me and, if so, what to
do about it."[^23]

7\. The Enforcement Bureau ("Bureau") subsequently launched an
investigation into NBC's broadcasts carried on WRC-TV on that date. The
Bureau sent a Letter of Inquiry to NBC, directing NBC to provide, among
other things, videotapes of NBC's May 25, 2004 coverage of the
thunderstorm/tornado watch on WRC-TV. NBC filed a response that included
the requested videotapes.[^24]

8\. The Bureau has reviewed NBC's tapes of WRC-TV's programming and
identified two instances where the station aurally provided emergency
information regarding the way to take shelter in one's home but failed
to provide the visual presentation of that emergency information. The
two instances are described below.

\(a\) At 8:42 p.m. and 8:49 p.m., meteorologist Bob Ryan told viewers in
southern Prince George's County to get away from their windows, and go
to an interior room, such as a bathroom or closet. NBC failed to provide
closed captioning or other visual presentation of this information on
WRC-TV after 8:49 p.m.

\(b\) At 9:02 p.m., Mr. Ryan told all viewers that they should get away
from windows and go to a bathroom or basement when they observe high
winds. NBC failed to provide closed captioning or any visual
presentation of this information on WRC-TV after 9:02 p.m.

**III. DISCUSSION**

9\. As an initial matter, we note that NBC is a "video programming
distributor" subject to section 79.2 of the Commission's rules. Section
79.1(a)(2) defines a video programming distributor as "\[a\]ny
television broadcast station licensed by the Commission...."[^25] As a
broadcast licensee, NBC must comply with the Commission's rules
regarding the accessibility of emergency information to individuals with
hearing disabilities.

10\. We now turn to an analysis of the information broadcast by NBC over
WRC-TV during the time period at issue. NBC interrupted its regular
programming with coverage of the thunderstorm/tornado watch on several
occasions. NBC's meteorologist repeated emergency information many
times, emphasizing the areas where the thunderstorm or tornado was
located and was likely to cause damage or loss of life, warned viewers
to take shelter in their homes, and provided instructions for safe
sheltering. However, as described in a consumer complaint, most of the
visual information NBC provided, such as weather maps and temperature
information, did not reveal the danger of a tornado to persons with
hearing disabilities, much less how they should take shelter in response
to the threat.[^26] Thus, while NBC visually presented some information
during this period, mostly concerning the location of the worst weather,
it appears that in several instances NBC did not make critical
information available to persons with hearing disabilities.

11\. The record shows that, in two separate instances from 8:42 p.m. to
9:02 p.m., NBC aurally provided critical emergency information to
viewers on the way to take shelter in one's home, but failed to provide
timely visual presentation of this information. The information in
question concerning the need to and the way to take shelter in one's
home falls squarely within the Commission's definition of "emergency
information" because it is "\[i\]nformation, about a current emergency,
that is intended to further the protection of life, health, safety, and
property, i.e., critical details regarding the emergency and how to
respond to the emergency."[^27] Indeed, the Commission offered this
category of information as an example of critical details covered by the
rule.[^28] In addition, the Commission offered tornadoes and warnings
and watches of impending changes in weather as examples of covered
emergencies.[^29] WRC did not, however, provide visual presentation of
the shelter instructions after they were aurally provided. We note that,
because of the rapid movement of a tornado and the quickly changing
weather patterns associated with this type of weather event, it is vital
that basic emergency information be provided visually and in a timely
manner. The failure to present emergency information visually in this
instance could have resulted in serious bodily harm or loss of life for
persons with hearing disabilities. Accordingly, based on the facts and
circumstances present here, we find WRC liable for two apparent
violations of section 79.2(b)(1)(i).

12\. NBC raises several defenses in its response to the Letter of
Inquiry, each of which we reject. First, NBC contends that the rule does
not specify a "time limit by which the information must be conveyed
through visually accessible means."[^30] We disagree and note that the
Commission did prescribe timing requirements for the visual display of
emergency information, as discussed in more detail below. In any event,
we reject NBC's contention that any confusion on its part as to how
quickly it must visually provide basic, critical emergency information
means that it is free not to provide such information visually at all
after aurally providing it, as it did here in the two instances
described above. Under no reasonable interpretation of the Commission's
rule is NBC free to ignore the visual presentation requirements in this
manner.[^31]

13\. Second, NBC argues that the Commission left "further interpretation
of emergency information, and how or when any requisite presentation is
to occur, to the good faith discretion of the licensee."[^32] This too
is wrong. Rather, the Commission stated in the *Second Report and Order*
that "in determining *whether particular details* need to be made
accessible, we will permit programmers to rely on their own good faith
judgments." [^33] Although the rule allows programmers to exercise
discretion as to whether to display non-critical details of emergency
information, it is not plausible to suggest that programmers may refuse
to present such basic, critical information in a tornado/thunderstorm
emergency as shelter-at-home advice. Such an expansive interpretation of
the good faith exception would swallow the rule and render it wholly
ineffective.

14\. Finally, NBC contends in its response that deviation from this
policy of reasonable deference "could delay or deter any news coverage."
[^34] We do not believe, however, that NBC would abandon its public
interest obligation to provide news about local emergencies because of
our action here. As the Commission recently said, "\[b\]roadcasters, who
are temporary trustees of the public airwaves, must use the medium to
serve the public interest, and the Commission has consistently
interpreted this to mean that licensees must air programming that is
responsive to the interests and needs of their communities of license
..." The Commission further stated that "\[a\] fundamental way in which
broadcasters use the medium to serve their communities of license is to
provide emergency information"[^35] and noted "the critical and
fundamental role of emergency information as a component of
broadcasters' local public service obligations..."[^36] We expect that
NBC will continue to honor its public interest obligation to provide
emergency information to communities it serves, while remaining in
compliance with governing Commission rules. Indeed, as described below,
with a few modest steps, NBC and other video programming providers can
fully comply with emergency accessibility requirements without
sacrificing their commitment to broadcast news coverage in a timely
manner.

**IV. FORFEITURE AMOUNT**

15\. For the time period at issue in this case, section 503(b)(2)(A) of
the Communications Act authorized the Commission to assess a forfeiture
of up to \$27,500 for each violation of the Act or of any rule,
regulation, or order issued by the Commission under the Act.[^37] In
exercising such authority, we are required to 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 such other matters as justice may
require.\"[^38] Based on our review of the record, we conclude that NBC
is apparently liable for the willful or repeated violation of our rules.

16\. The Commission's forfeiture guidelines do not currently establish a
base forfeiture amount for violations of section 79.2(b)(1)(i).
Enforcement of the emergency accessibility rules is important as lives
may depend on compliance. We find that \$8,000, the base forfeiture
amount for violations of rules relating to distress and safety
frequencies and for failure to install and operate Emergency Alert
System ("EAS") equipment, is analogous and warranted for apparent
violations of section 79.2(b)(1)(i).[^39] The purpose of the EAS and
safety frequencies rules is to warn persons of emergencies, and the
purpose of section 79.2(b)(1)(i) is the same. NBC provided aural
emergency information without providing visual presentation on several
occasions, resulting in two apparent violations of the rule.
Accordingly, we propose a forfeiture of \$16,000 for the two apparent
violations here. NBC will have the opportunity to submit further
evidence and arguments in response to this NAL to show that no
forfeiture should be imposed or that some lesser amount should be
assessed.[^40]

# V. CONCLUSIONS AND ORDERING CLAUSES {#v.-conclusions-and-ordering-clauses .unnumbered}

#  17. **We have determined that NBC Telemundo License Co. has apparently willfully or repeatedly violated section 713 of the Act and section 79.2(b)(1)(i) of the Commission's rules by failing to make emergency information that it provided to hearing people accessible to persons with hearing disabilities, resulting in a proposed forfeiture of \$16,000.** {#we-have-determined-that-nbc-telemundo-license-co.-has-apparently-willfully-or-repeatedly-violated-section-713-of-the-act-and-section-79.2b1i-of-the-commissions-rules-by-failing-to-make-emergency-information-that-it-provided-to-hearing-people-accessible-to-persons-with-hearing-disabilities-resulting-in-a-proposed-forfeiture-of-16000. .unnumbered}

#  {#section .unnumbered}

18\. Accordingly, IT IS ORDERED, pursuant to section 503(b) of
Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section
1.80 of the Commission\'s rules, 47 C.F.R. § 1.80, that NBC Telemundo
License Co. IS HEREBY NOTIFIED of an Apparent Liability for Forfeiture
in the amount of \$16,000 for willful or repeated violations of section
713 of the Act, 47 U.S.C. § 613, and section 79.2(b)(1)(i) of the
Commission's rules, 47 C.F.R. § 79.2(b)(1)(i), as described in the
paragraphs above.

19\. IT IS FURTHER ORDERED, pursuant to section 1.80 of the
Commission\'s rules, 47 C.F.R. § 1.80, that within thirty (30) days of
the release of this Notice, NBC Telemundo License Co. SHALL PAY the full
amount of the proposed forfeiture OR SHALL FILE a response showing why
the proposed forfeiture should not be imposed or should be reduced.[^41]

20\. 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.

21\. The Bureau will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted accounting
principles ("GAAP"); or (3) some other reliable and objective
documentation that accurately reflects the petitioner'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.

22\. Requests for payment of the full amount of this Notice of Apparent
Liability under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W., Washington,
D.C., 20554[^42][^43]

23\. IT IS FURTHER ORDERED that copies of this Notice of Apparent
Liability for Forfeiture SHALL BE SENT by certified mail to F. William
LeBeau, Assistant Secretary and Senior Regulatory Counsel, NBC Telemundo
License Co., 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.

FEDERAL COMMUNICATIONS COMMISSION

Kris A. Monteith

Acting Chief, Enforcement Bureau

[^1]: *See* 47 U.S.C. § 503(b)(4)(A). The Commission has authority under
    this section of the Act to assess a forfeiture penalty against a
    broadcast licensee if the Commission determines that the licensee
    has \"willfully or repeatedly\" failed to comply with the provisions
    of the Act or with any rule, regulation, or order issued by the
    Commission under the Act. For a violation to be willful, it need not
    be intentional. *Southern California Broadcasting Co.*, 6 FCC Rcd
    4387 (1991).

[^2]: 47 U.S.C. § 613.

[^3]: 47 C.F.R. § 79.2(b)(1)(i).

[^4]: *See* Section 68.4(a) of the Commission's Rules Governing Hearing
    Aid-Compatible Telephones, WT Docket No. 01-309, *Report and Order*,
    18 FCC Rcd 16753, at para. 5 (2003) (*HAC Report and Order*);
    *Erratum*, WT Docket No. 01-309, 18 FCC Rcd 18047 (2003) (citations
    omitted).

[^5]: *See HAC Report and Order*, 18 FCC Rcd 16753, at para. 5*.*

[^6]: From:
    <http://www.asha.org/public/hearing/disorders/prevalence_adults.htm>
    (visited May 24, 2005) (citations omitted).

[^7]: 47 U.S.C § 613.

[^8]: *Closed Captioning and Video Description of Video Programming,
    Implementation of Section 305 of the Telecommunications Act of 1996,
    and Accessibility of Emergency Programming*, Second Report and
    Order, 15 FCC Rcd 6615, 6621-22, para. 12 (2000) ("*Second Report
    and Order*").

[^9]: 47 C.F.R. § 79.2(b)(1)(i).

[^10]: *Second Report and Order*, 15 FCC Rcd at 6620, para. 11.

[^11]: *Id.* at 6618, para. 8.

[^12]: *Id.* at 6621, para. 11.

[^13]: *Id.* at 6623-24, para. 16.

[^14]: *See generally*, *Amendment of Part 73 of the Rules to Establish
    Requirements for Captioning of Emergency Messages on Television*,
    Report and Order, Docket No. 20659, 61 FCC2d 18 (1976) (*1976
    Order*), at paras. 9, 11 and Appendix B (relating to prior visual
    presentation requirements and noting potential use of slides and
    hand printed messages).

[^15]: *Id.* at 6619-20, paras. 9, 10 (citing examples of the importance
    of timely visual emergency information including an inaccessible
    tornado warning that caused delay in evacuation of children and an
    inaccessible water contamination warning that caused persons with
    hearing disabilities to needlessly incur health risks of which they
    were not initially aware). In attempting to determine the scope of
    this rule, the Commission expressed concern that the disabilities
    community have available "sufficient information" with the "same
    immediacy" as other viewers. *Closed Captioning and Video
    Description of Video Programming, Implementation of Section 305 of
    the Telecommunications Act of 1996, and Accessibility of Emergency
    Programming,* Further Notice of Proposed Rulemaking, 13 FCC Rcd
    5627, 5631 (1998). In addition to the plain meaning of "emergency
    information," the nature of the critical details described in
    section 79.2(a)(2) makes clear that timely visual presentation is
    required.

[^16]: 47 C.F.R. § 79.2(a)(2).

[^17]: *1976* *Order*, 61 FCC 2d 18, at para. 11.

[^18]: *Id.*

[^19]: *Second Report and Order*, 15 FCC Rcd at 6617, para. 5.

[^20]: *Id.* (emphasis added).

[^21]: Note to 47 C.F.R. § 79.2(a)(2) (emphasis added).

[^22]: *See, e.g.,* Public Notice, "Reminder to Video Programming
    Distributors of Obligation to Make Emergency Information Accessible
    to Persons with Hearing Disabilities,\" DA 01-1930, 16 FCC Rcd
    15348, (2001); Public Notice, "Reminder to Video Programming
    Distributors of Obligation to Make Emergency Information Accessible
    to Persons with Hearing or Vision Disabilities," 17 FCC Rcd 14614
    (2002); Public Notice, "Reminder to Video Programming Distributors
    of Obligation to Make Emergency Information Accessible to Persons
    with Hearing or Vision Disabilities," 18 FCC Rcd 14670 (2003);
    Public Notice, "Reminder to Video Programming Distributors of
    Obligations to Make Emergency information Accessible to Persons with
    Hearing or Vision Disabilities," 19 FCC Rcd 9882 (May 24, 2004);
    Public Notice, "Reminder to Video Programming Distributors of
    Obligation to Make Emergency Information Accessible to Persons with
    Hearing or Vision Disabilities," DA 05-688, 20 FCC Rcd \_\_\_ , 2005
    WL 626867 (CGB March 17, 2005). *See also* Letter from Colleen
    Heitkamp, Chief, Telecommunications Consumers Division, FCC, to F.
    William LeBeau, Assistant Secretary, WRC-TV (April 22, 2004).

[^23]: Complaint filed by Cheryl A. Heppner, Executive Director,
    Northern Virginia Resource Center for Deaf and Hard of Hearing
    Persons ("NVRC") (filed May 28, 2004) . NVRC is located in Fairfax,
    Virginia, a suburb of Washington, D.C.

[^24]: Letter from Colleen K. Heitkamp, Chief, Telecommunications
    Consumers Division, Enforcement Bureau, FCC, to NBC Telemundo
    License Co. (June 7, 2004) ("Letter of Inquiry"). NBC is licensee of
    WRC-TV, Letter from F. William LeBeau, Assistant Secretary and
    Senior Regulatory Counsel, NBC, to Peter G. Wolfe, Senior Attorney,
    FCC (July 1, 2004) ("Response"), and is a video programming
    distributor as defined in our rules. 47 C.F.R. § 79.1(a)(2). As a
    video programming distributor, NBC is obligated to provide to
    persons with hearing disabilities the same access to emergency
    information that it provides to listeners of its programming. 47
    C.F.R. § 79.2(b)(1)(i).

[^25]: 47 C.F.R. § 79.1(a)(2).

[^26]: *See supra* para. 6.

[^27]: 47 C.F.R. § 79.2(a)(2). In addition, the information here was
    primarily intended for the audience in the geographic area where the
    emergency was occurring. 47 C.F.R. § 79.2(b)(2).

[^28]: Note to 47 C.F.R. § 79.2(a)(2).

[^29]: 47 C.F.R. § 79.2(a)(2).

[^30]: Response at 3.

[^31]: Further, the fact that NBC visually presented some shelter
    information *before* the aural statements in the two instances
    described was of no help to the complainant or any other
    hearing-impaired viewers who did not tune into the programming until
    *after* the visual presentation had been provided for the last time.

[^32]: Response at 2-3.

[^33]: *Second Report and Order*, 15 FCC Rcd at 6617, para. 5 (emphasis
    added). For example, if the station stated aurally that residents
    should shelter-at-home and at the same time mentioned the last time
    a tornado touched down in the area, it might reasonably be able to
    exercise its discretion to omit the latter information as long as
    the station visually presented the shelter-at-home information.

[^34]: Response at 3.

[^35]: *Broadcast Localism,* Notice of Inquiry, 19 FCC Rcd 12425, 12435
    (2004).

[^36]: *Id.* at 12435.

[^37]: Specifically, section 503(b)(2)(A) provides for forfeitures up to
    \$25,000 for each violation or a maximum of \$250,000 for each
    continuing violation by (i) a broadcast station licensee or
    permittee, (ii) a cable television operator, or (iii) an applicant
    for any broadcast or cable television operator license, permit,
    certificate or similar instrument. 47 U.S.C. § 503(b)(2)(A). The
    Commission amended its rules by adding a new subsection to its
    monetary forfeiture provisions that incorporates by reference the
    inflation adjustment requirements contained in the Debt Collection
    Improvement Act of 1996 (DCIA), Pub L. No. 104-134, § 31001, 110
    Stat. 1321 (1996). Thus, the maximum statutory forfeiture per
    violation pursuant to section 503(b)(2)(A) increased from \$25,000
    to \$27,500. *See Amendment of Section 1.80(b) of the Commission's
    Rules and Adjustment of Forfeiture Maxima to Reflect Inflation,* 15
    FCC Rcd. 18,221 (2000). We note that the Commission recently
    increased the per violation amount again to \$32,500. *See*
    *Amendment of Section 1.80(b) of the Commission's Rules and
    Adjustment of Forfeiture Maxima to Reflect Inflation*, 2004 WL
    1366972, FCC 04-139 (rel. June 18, 2004); 69 FR 47788 (establishing
    an effective date of September 7, 2004).

[^38]: *See* 47 U.S.C. § 503(b)(2)(D); *see also The Commission's
    Forfeiture Policy Statement and Amendment of Section 1.80 of the
    Commission's Rules*, 12 FCC Rcd 17,087 (1997); *recon. denied*, 15
    FCC Rcd 303 (1999).

[^39]: *See* 47 C.F.R. § 1.80(b)(4).

[^40]: *See* 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3).

[^41]: If NBC chooses to respond, it should mail its response to Colleen
    Heitkamp, Chief, Telecommunications Consumers Division, Enforcement
    Bureau, Federal Communications Commission, 445 12^th^ Street, S.W.
    Room-4C224, Washington, D.C. 20554. ACC must include the file number
    listed above. It should also send an electronic copy of its response
    to Mark Stone, Deputy Chief, Telecommunications Consumers Division,
    at <mark.stone@fcc.gov> and Peter Wolfe, Senior Attorney,
    Telecommunications Consumers Division, at peter.wolfe@fcc.gov.

[^42]: ^.^

[^43]: 47 C.F.R. § 1.1914.