Federal Communications Commission DA 07-4871
Before the
Federal Communications Commission
Washington, D.C. 20554
In re Application of  
William Woods University
For Renewal of License for
Low Power FM Station KWWU-LP
Fulton, Missouri
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Facility I.D. No. 131522
NAL/Acct. No. MB-200741410445
FRN:  0009032327
File No. BRL-20060710ABL
MEMORANDUM OPINION AND ORDER 
AND
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:  December 3, 2007 Released: December 4, 2007
By the Chief, Audio Division, Media Bureau:
I.      INTRODUCTION
1.  The Commission has before it the captioned application of William Woods University
(the Licensee), for renewal of its license for low power FM Station KWWU-LP, Fulton, Missouri (the 
Station).  In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture 
(NAL) issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended 
(the Act), and Section 1.80 of the Commissions Rules (the Rules),1 by the Chief, Audio Division, 
Media Bureau, by authority delegated under Section 0.283 of the Rules,2 we find that the Licensee 
apparently willfully violated Section 73.3539 of the Rules,3 by failing to file a timely license renewal 
application for the Station, and apparently willfully and repeatedly violated Section 301 of the Act,4 by 
engaging in unauthorized operation of the Station after its authorization had expired. 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 five hundred dollars ($500), and we grant the captioned KWWU-LP 
renewal application, and reinstate the Stations call sign.
II. BACKGROUND
2. Section 73.3539(a) of the Rules requires that applications for renewal of license for
broadcast stations must be filed not later than the first day of the fourth full calendar month prior to the 
expiration date of the license sought to be renewed.5 An application for renewal of KWWU-LP license 
should have been filed by October 1, 2004. No such application was filed, and the Stations license 
expired on February 1, 2005.  Accordingly, on June 21, 2006, the staff wrote to the Licensee, indicating 
that the Stations license had expired and that (1) all authority to operate the Station was terminated; and 
  
1 47 U.S.C.  309(k), 503(b); 47 C.F.R.  1.80.
2 See 47 C.F.R.  0.283.
3 See 47 C.F.R.  73.3539.
4 See 47 U.S.C.  301.
5 47 C.F.R.  73.3539(a).
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(2) the Stations call letters were deleted from the Commissions data base.  The Licensee was advised 
that any further operation of the Station was unauthorized and must cease immediately.6 Upon receipt of 
the letter, on July 10, 2006, the Licensee tendered the captioned license renewal application and a request 
for special temporary authorization (STA) to continue operations pending consideration of the untimely 
KWWU-LP renewal application.7 The staff granted the STA Request on August 4, 2006, and it was to 
expire on February 4, 2007.8 The Licensee filed a timely request for extension of the STA on January 10, 
2007, which remains pending.9 In the STA Request, the Licensee stated that the Station changed 
management during the period of the renewal, and as a result, the license renewal application was not 
filed in a timely manner.  
III. DISCUSSION
 3.  Proposed Forfeiture.   In this case, the Licensee has failed to file a timely license renewal 
application for KWWU-LP as required by Section 73.3539(a) of the Rules. Moreover, it continued 
Station operation for more than 17 months after its license had expired on February 1, 2005, before filing 
the renewal application and request for STA to so operate, in violation of Section 301 of the Act.
Notwithstanding the Licensees explanation that the failure to file a timely renewal application for 
KWWU-LP was inadvertent, licensees are obligated to comply fully with the Rules, including filing a 
timely renewal application and maintaining in effect the stations authorization.10 Here, the Licensee did 
not do so.
4.  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 failed willfully or repeatedly 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.11 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.12 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,13 and the Commission has so interpreted the term in the Section 
503(b) context.14  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.15  
  
6 Letter to William Woods University., Ref. 1800B3-JDB (Chief, Audio Division, Media Bureau, Jun. 21, 2006).
7 See File No. BLSTA-20060710ABO (the STA Request).
8 Letter to Mr. Paul Clervi, Ref. 1800B3 (Chief, Audio Division, Media Bureau, Aug. 4, 2006).
9 See File No. BELSTA-20070110ABR.
10 See, e.g, Hemmingford Media, Inc., Forfeiture Order, 14 FCC Rcd 2940, 2941-2 (CIB 1999) (responsibility for 
complying with terms of station license rests solely and exclusively with the licensee) (citing Empire 
Broadcasting Corp., Memorandum Opinion and Order, 25 FCC 2d 68 (1970).
11 47 U.S.C.  503(b)(1)(B).  See also 47 C.F.R. 1.80(a)(1).
12 47 U.S.C.  312(f)(1).
13 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
14 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
15 47 U.S.C.  312(f)(2). 
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5. The Commission's Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules 
establish a base forfeiture amount of $3,000 for the failure to file a required form.16  The guidelines also 
specify a base forfeiture amount of $10,000 for construction and/or operation without an instrument of 
authorization for the service.17  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.18
6. In this case, the Licensee failed to file a timely renewal application and continued Station
operations for more than 17 months before filing an appropriate renewal application and a request for 
STA to so operate. Nevertheless, because it had previously been licensed to operate Station KWWU-LP
the latter transgression is not comparable to "pirate" wireless operations, which typically have been 
subject to forfeitures of approximately $10,000.  Taking into consideration these facts and all of the 
factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we will reduce 
the forfeiture from the base amount to two hundred fifty dollars ($250) for each violation.  Thus, we 
propose a forfeiture in the total amount of five hundred dollars ($500).
7. License Renewal Application.  In evaluating an application for license renewal, the 
Commissions decision is governed by Section 309(k) of the Act.19 That section provides that if, upon 
consideration of the application and pleadings, we find that (1) the station has served the public interest, 
convenience, and necessity; (2) there have been no serious violations of the Act or the Rules; and (3) 
there have been no other violations which, taken together, constitute a pattern of abuse, we are to grant 
the renewal application.20 If, however, the licensee fails to meet that standard, the Commission may deny 
the application  after notice and opportunity for a hearing under Section 309(e) of the Act  or grant the 
application on terms and conditions that are appropriate, including a renewal for a term less than the 
maximum otherwise permitted.21
8. We find that the Licensees violations of Section 73.3539 of the Rules and Section 301 of 
the Act do not constitute serious violations warranting designation for evidentiary hearing.  Moreover, 
we find no evidence of violations that, when considered together, evidence a pattern of abuse.22  Further, 
  
16 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.
17 A broadcast station requires an authorization from the Commission to operate.  See 47 U.S.C.  301.
18 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100; 47 C.F.R.  1.80(b)(4).
19 47 U.S.C.  309(k).
20 47 U.S.C.  309(k)(1).  The renewal standard was amended to read as described by Section 204(a) of the 
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996).   See Implementation of Sections 
204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC 
Rcd 6363 (1996).
21 47 U.S.C.  309(k)(2), 309(k)(3).
22 For example, we do not find here that the Licensee's operation of the Station "was conducted in an exceedingly 
careless, inept and negligent manner and that the Licensee is either incapable of correcting or unwilling to correct 
the operating deficiencies." See Heart of the Black Hills Stations, Decision, 32 FCC 2d 196, 198 (1971).   Nor do we 
find on the record here that "the number, nature and extent" of the violations indicate that "the Licensee cannot be 
relied upon to operate [the station] in the future in accordance with the requirements of its licenses and the 
Commission's Rules." Heart of the Black Hills Stations, 32 FCC 2d at 200.  See also Center for Study and 
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we find that Station KWWU-LP served the public interest, convenience, and necessity during the subject 
license term.  We will, therefore, grant the license renewal application below.  
IV.      ORDERING CLAUSES
9. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act 
of 1934, as amended, and Section 1.80 of the Commissions Rules, that William Woods University is 
hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five hundred
dollars ($500) for the apparent willful violation of Section 73.3539 of the Commissions Rules and 
apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended.
10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commissions Rules, that, 
within thirty (30) days of the release date of this NAL, William Woods University SHALL PAY the full 
amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation 
of the proposed forfeiture. 
11. 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 in the caption 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.  
12. The response, if any, must be mailed to Office of the Secretary, Federal Communications 
Commission, 445 12th Street, S.W., Washington D.C. 20554, ATTN: Peter H. Doyle, Chief, Audio
Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above.
13. 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 
respondents current financial status.  Any claim of inability to pay must specifically identify the basis for 
the claim by reference to the financial documentation submitted. 
14. 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. 20554.23
15. IT IS FURTHER ORDERED, that the call sign KWWU-LP IS REINSTATED.
16. IT IS FURTHER ORDERED, pursuant to Section 309(k) of the Communications Act of 
1934, as amended, that the license renewal application of William Woods University for low power FM 
Station KWWU-LP, Fulton, Missouri (File No. BRL-20060710ABL) IS GRANTED.
     
Application of Black Economic Development, Hearing Designation Order, 6 FCC Rcd 4622 (1991), Calvary 
Educational Broadcasting Network, Inc., Hearing Designation Order, 7 FCC Rcd 4037 (1992).
23 See 47 C.F.R.  1.1914.
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17. IT IS FURTHER ORDERED that a copy of this NAL shall be sent, by First Class and 
Certified Mail-Return Receipt Requested, to Mr. Paul Clervi, William Woods University, One University 
Avenue, Fulton, Missouri  65251.
FEDERAL COMMUNICATIONS COMMISSION
Peter H. Doyle
Chief, Audio Division
Media Bureau