Federal Communications Commission DA 08-2086
 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
New World, L.L.C.
Licensee of KZTD-AM
Cabot, Arkansas
Facility ID #  25861
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File Numbers: EB-07-OR-061
NAL/Acct. No.:  200832620001
FRN:  0015736143
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 Commissions Rules 
(Rules).1 The noted violation involves New Worlds 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 Commissions 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 stations public inspection file.  On August 8, 2007, an agent from the New Orleans Office spoke to the 
stations owner, who was unsure of the status or location of the stations 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.
  
1 47 C.F.R.  73.3526.
2 On June 11, 2007, an agent from the New Orleans Office informed station KZTD-AMs owner that the Office had 
received a complaint of several violations at the station, including a public inspection file violation.
3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832620001 (Enf. Bur., New Orleans Office, 
October 6, 2007) (NAL).
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III. DISCUSSION
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 
Commissions 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 Worlds 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-AMs general manager was unable to locate or 
make available any part of the stations 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 stations 
owner was unable to provide information regarding the status or location of the stations public inspection 
file.  
6. Thus, based on the evidence before us, we find that New World willfully10 and repeatedly11
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 Worlds request to cancel or reduce its forfeiture on 
  
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. 97th 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), recon. denied, 15 FCC Rcd 8575 (Enf. Bur., 
Federal Communications Commission DA 08-2086
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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 Worlds 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 Worlds demonstrated inability to pay.
IV. ORDERING CLAUSES
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 Commissions 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.
     
2000), recon. denied, 15 FCC Rcd 18255 (Enf. Bur., 2000), 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 violators gross revenues); Local Long Distance, Inc., 16 FCC Rcd 
24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violators 
gross revenues); Hoosier Broadcasting Corporation, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive 
where it represented approximately 7.6 percent of the violators 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). 
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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 17th Street, 11th Floor, Arlington, VA 22209.  
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau