FCC Web Documents citing 73.1690

as compiled by hallikainen.com/FccRules on 2012 07 01

• ftp://ftp.fcc.gov/pub/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • Section 73.1675(c)(1) varchar(1) rule_73_1675c_ind this application being filed pursuant to 47 CFR § 73.1675(c)(1 ) to request varchar(1) authorization to use a formerly licensed main facility as an auxiliary antenna and/or change the ERP of the proposed auxiliary antenna? rule_73_1690c_ind Constructed Facility. The facility was constructed as authorized in the underlying varchar(1) construction permit and complies with 47 CFR § 73.1690(c). 1/20/2012 Page 25 of 42 rule_73_1690c8i_ind Community coverage requirements of 47 C.F.R. Section 73.1680(c)(8) met varchar(1) indicator rule_73_1690c9_ind Change the license status. Is this application being filed pursuant to § 73.1690(c)(9) varchar(1) to change the license status from commercial to noncommercial or from noncommercial to commercial? rule_73_1692_ind the application being file pursuant to 73.1692 to demonstrate that construction near varchar(1)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-548A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-548A1.pdf
  • January 26, 2004, Honolulu agents observed that the KAOI-FM's antenna height of radiation center above ground level (AGL) was approximately 14 meters, as opposed to the authorized 25 meters. Consequently, the Honolulu Resident Agent Office issued a Notice of Violation (``NOV'') to Visionary on February 26, 2004, for modifying the KAOI-FM transmission systems without authorization pursuant to 47 C.F.R. § 73.1690(c)(1). Visionary responded to the NOV on April 19, 2004, stating that the authorized center of radiation of 25 meters, as shown on the Commission's data base, was a typo or transposition and that it would take action to correct the error. Visionary also states, in the July 2004 Application that a 1995 license grant to Visionary used parameters underlying an
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  • 47 C.F.R. § 73.1620. KHOD(FM) Construction Permit, granted June 28, 2006. 47 C.F.R. § 73.1620; 47 U.S.C. § 319(c). See 47 U.S.C. §§ 312(a)(2), 319(c), and 503(b)(1)(A) (forfeiture appropriate for willful or repeated failure to comply substantially with the terms and conditions of any permit or other authorization issued by the Commission). 47 C.F.R. § 73.1610(a). See 47 C.F.R. § 73.1690(b) (providing that modifications, such as those made by Hodson to its operation, may be made only after the grant of a construction permit by the Commission). See also Pacifica Broadcasting Company, 18 FCC Rcd 22347 (EB 2003). See 47 C.F.R. § 73.1635 (providing that special temporary authority must be sought to permit the operation of a broadcast facility for a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.pdf
  • Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that R.J.'s Late Night Entertainment Corporation (``R.J.''), licensee of Non-Commercial Educational ("NCE") Class D Station WHPR-FM, in Highland Park, Michigan (the ``Station''), apparently willfully and repeatedly violated: (1) section 11.35(a) of the Commission's Rules ("Rules") by failing to maintain operational EAS equipment; (2) section 73.1690(b)(2) of the Rules for moving the Station's transmitter without Commission authorization; and (3) section 73.3527(b)(1) of the Rules by failing to maintain and make available a local public inspection file. We conclude that R.J. is apparently liable for a forfeiture in the amount of twenty-two thousand dollars ($22,000). We further direct R.J. to submit a written statement signed under penalty
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-685A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-685A1.pdf
  • Adopted: May 2, 2012 Released: May 2, 2012 By the Regional Director, Northeast Region, Enforcement Bureau: In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of twenty-two thousand dollars ($22,000) to R.J.'s Late Night Entertainment Corporation (R.J.), licensee of Non-Commercial Educational Class D Station WHPR-FM, Highland Park, Michigan (Station), for willfully and repeatedly violating Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. The noted violations involved R.J.'s failure to maintain operational EAS equipment, relocation of the Station's transmitter without authorization, and failure to maintain and make available the Station's local public inspection file. 2. On October 24, 2011, the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1523A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1523A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1523A1.txt
  • X3248002 Greenwood, South Carolina ) FORFEITURE ORDER Adopted: July 6, 2000 Released: July 7, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against Morradio, Inc., licensee of AM Station WLMA, Greenwood, South Carolina, for willful and repeated violation of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. The noted violations involve Morradio's changes in its antenna structure location without a construction permit and failure to install and maintain Emergency Alert System equipment. 2. On January 24, 2000, the District Director of the Atlanta Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars
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  • System Requirements). San Juan, PR Resident Agent Office 47 C.F.R. § 11.35 - Equipment Operations Readiness Cox Communications, Omaha, NE. Kansas City, MO District Office (10/02/00). Brown Radio Group, Inc (WBBA-FM), Pittsfield, IL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1690 (Modification of Transmission Systems), 73.1870 (Chief Operators), 73.3536 (Application for License to Cover Construction Permit) and 73.3541 (Application for Involuntary Assignment of License or Transfer of Control). Chicago, IL District Office (10/3/00). FM Radio Station KWIZ, LBI Radio License Corp., Hollywood, CA. Other violation: 47 C.F.R. § 11.61. Los Angeles, CA District Office (10/11/00). AM Radio Station KVRN, LBI Radio
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  • Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). New Orleans, LA District Office (11/9/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 - Unauthorized Operation Fifth Avenue Broadcasting Co., Inc., Huntington, WV. Other violations: 47 C.F.R. §§ 11.15 (EAS Operating Handbook), 73.49 (AM Transmission System Fencing Requirements), 73.1225 (Station Inspection By FCC), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (11/20/00). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. § 1.903 - Authorization Required Whitemarsh Community Ambulance, Lafayette Hill, PA. Philadelphia, PA District Office (11/20/00). 47 C.F.R. Part
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  • FORFEITURE ORDER Adopted: April 26, 2000 Released: April 27, 2000 By the Chief, Enforcement Bureau: 1. This Forfeiture Order (``Order'') imposes a forfeiture against Bay Broadcasting Corporation (``Bay'') in the amount of nineteen thousand dollars ($19,000). We conclude that Bay willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended (the ``Act''), and Sections 73.1201, 73.1675, 73.1690 and 74.1251 of the Commission's rules. The violations include: operation without Commission authorization of studio-transmitter links (``STL'') for stations KHSN(AM), Coos Bay, and KACW(FM) and KBBR(AM), both in North Bend, all in Oregon; failure to broadcast required station identification announcements on Station KHSN(AM); use without Commission authorization of a long wire antenna for KHSN(AM); relocation without Commission authorization of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-102A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-102A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-102A1.txt
  • Office (12/19/00). Alltel Communications Inc., Little Rock, AR. Norfolk, VA Resident Agent Office (12/22/00). United States Cellular Corporation, Washington, DC. Norfolk, VA Resident Agent Office (12/27/00). United States Cellular Corporation, Washington, DC. Norfolk, VA Resident Agent Office (12/27/00). United States Cellular Corporation, Washington, DC. Norfolk, VA Resident Office (12/27/00). 47 C.F.R. Part 73 - Broadcast Radio Services 47 C.F.R. § 73.1690 - Modification of Transmission Systems Rama Communications, Inc., Orlando, FL.. Tampa, FL District Office (12/18/00) 47 C.F.R. § 73.3527 - Local Public Inspection File of Noncommercial Educational Stations Pickle Hill Public B/Casting, Inc. Anchorage, AK Resident Agent Office (12/5/00). 47 C.F.R. Part 74 - Experimental Radio, Auxiliary, Special Broadcast and Other Program Distributional Services 47 C.F.R. § 74.532 - Licensing
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  • Avon, Colorado 249C2 Limon, Colorado 229A Parker, Colorado 276C Westcliffe, Colorado 227A Imperial, Nebraska 275C0 McCook, Nebraska 230C2, 241C, 253C1, 271C1, 280C2, 287C1 (a) Nothing contained herein shall be construed as authorizing any change in Station KSPN's license, BLH-6841, or Imperial Media's construction permit, BPH-19970924ML), except the channel as specified above. Any other changes, except those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with license BLH-6841 and BPH-19970924ML except for the channel as specified above and a license application (FCC Form 302)
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  • of Radio South Burlington, Inc. for Station WQQQ, Sharon, Connecticut, IS MODIFIED to specify operation on Channel 273A in lieu of Channel 277A, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in the Station WQQQ license, except for the channel as specified above. Any other changes, except those so specified under section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with the Station WQQQ license, except for the channel as specified above and a license application (FCC Form 302)
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  • violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 73.51 (Determining Operating Power), 73.1230 (Posting of Station License), and 73.1400 (Transmission System Monitoring). Atlanta, GA District Office (6/18/01). Wilson Broadcasting Co., Inc., WAGF(AM), Dothan, AL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring), 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation) and 73.1820 (Station Log). Atlanta, GA District Office (6/18/01). Christian Broadcasting Group, Ceiba, PR. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Juan, PR Resident
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2540A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2540A1.txt
  • Communications Act · 47 U.S.C. § 301 ­ Unauthorized Operation David Edwin Merrell, Wichita Falls, TX. $10,000 NAL. Dallas, TX District Office (9/10/01). 47 C.F.R. Part 73 ­ Radio Broadcast Services · 47 C.F.R. § 73.1225 ­ Station Inspections By FCC Fifth Avenue Broadcasting Co., Inc., WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. §§ 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act · 47 U.S.C. § 301 ­ Unauthorized Operation Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. § 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 2 90.233 (Base/Mobile Non Voice Operations), and 90.403
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  • Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows: City Channel No. Arthur, North Dakota 280A (a) Nothing contained herein shall be construed as authorizing any change in Station license, BLH-19940426KW, except the channel as specified above. Any other changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with license BLH-19940426KW, except for the channel as specified above and a license application (FCC Form 302) is filed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2948A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2948A1.txt
  • of DeKalb, Sycamore, IL. Chicago, IL District Office (11/6/01). Wireless Co., L.P., Rosemont, IL. Chicago, IL District Office (11/6/01). Trinity Christian Center of Santa Ana DBA Trinity Broadcasting Network, Gower, MO. Kansas City, MO District Office (11/9/01). AT&T Wireless Services, Inc., Tyler, TX. Dallas, TX District Office (11/13/01). Apple Broadcasting Company, Inc., WGDN(AM), Gladwin, MI. Other violations: 47 C.F.R. §§ 73.1690 (Modification of Transmission Systems) and 73.1745 (Unauthorized Operation). Detroit, MI District Office (11/14/01). Howard County Government, Howard County, MD. Columbia, MD District Office (11/16/01). Spectrum Resources Towers, Carson City, NV(ASR 1204302). San Francisco, CA District Office (11/21/01). · 47 C.F.R. § 17.21 ­ Painting and Lighting, When Required Leonard Stevens, Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office (11/30/01).
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  • of Z-Spanish Media Licensing Company, LLC, for Station WRZA(FM) in Kankakee, Illinois, IS MODIFIED to specify operation on Channel 260B at Park Forest, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in Station WRZA(FM)'s license, BLH-19900117KA, except the channel as specified above. Any other changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). The license or construction permit application filed to implement this rule making must specify its currently authorized site at coordinates 41-18-04 North Latitude and 87-49-35 West Longitude. (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules,
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  • the license of Gibson County Broadcasting Company, Inc., for Station WTNE-FM, Trenton, Tennessee, IS MODIFIED to specify operation on Channel 249C3 in lieu of Channel 248C3, subject to the following conditions: Nothing contained herein shall be construed as authorizing any change in Station WTNE-FM's license, BLH-19930406KE, except the channel specified above. Any changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301), specifying the new facility. Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules provided the transmission facilities comply in all respects with license BLH-19930406KE, except for the channel as specified above and a license application (FCC Form
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  • the Anchorage Office verified by direction finding techniques that the above referenced 15 LPTV stations were transmitting from ACS's ASR number 1204036. On April 19, 2001, the Anchorage Office issued a Notice of Violation (``NOV''), indicating that the 15 LPTV stations were constructed and operating at variance with the station authorization, in violation of Sections 74.780, 73.3538(a)(1) and (4), and 73.1690(b)(2) of the Rules. In particular, the NOV detailed the variances in geographic coordinates, and the agents' findings that the antennas for the 15 stations were mounted on the tower at a height of approximately 100 feet higher than authorized. On May 8, 2001, ACS submitted a response to the NOV in which it indicated that, ``in or around November 1998,''
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  • Trail Broadcasting Co., Inc. for Station KXLS, Alva, Oklahoma, IS MODIFIED to specify operation on Channel 260C1 in lieu of Channel 259C1, subject to the following conditions: (a) Nothing contained herein shall be construed to authorize any change in the Station KXLS authorization except for the channel as described above. Any other changes, except for those so specified under Section 73.1690 of the Commission's Rules, require prior pursuant to an application for construction permit (FCC Form 301); (b) Program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules, PROVIDED the transmission facilities comply in all respects with the authorization for Station KXLS except for the channel as specified above and a license application (FCC Form 302) is
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  • the license of Clear Channel Broadcasting Licenses, Inc. for Station WKGL, Channel 249A, Russellville, Alabama, IS MODIFIED, to specify operation on Channel 278A, subject to the following conditions: Nothing contained herein shall be construed to authorize any change in the authorization for Station WKGL except for the channel as described above. Any other changes, except for those specified under Section 73.1690 of the Commission's Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301); (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Commission's Rules, PROVIDED the transmission facilities comply in all respects with the authorization for Station WKGL except for the channel as specified above and a license application
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  • of 1934, as amended, that the license of WYCQ, Inc, Shelbyville, Tennessee, IS MODIFIED to specify operation on Channel 275C1 at LaVergne, Tennessee, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in Station WBUZ(FM)'s license, BLH-19990927ABI, except the channel as specified above. Any other changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with license BLH-19990927ABI ,except for the channel as specified above and a license application (FCC Form 302) is filed
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  • Consent Decree entered into between the Enforcement Bureau and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''). The Consent Decree terminates the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. Fifth Avenue, licensee of WCMI(AM), apparently violated Sections 73.1225(d)(1) (failure to maintain copy of the most recent antenna impedance measurement); 73.1350(a) (failure to operate according to the terms of the station authorization); 73.1690(b)(2) (failure to file a construction permit); 73.3526(e)(1) (failure to maintain copy of current authorization in public inspection file); and 73.3526(e)(12) (failure to maintain issues/programs lists in the public inspection file) of the Commission's Rules. The Consent Decree provides, that, among other things, Fifth Avenue will implement a Compliance Plan to ensure its future compliance with the Commission's Rules and will
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 1. The Enforcement Bureau of the Federal Communications Commission (``Commission or FCC'') and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue'') hereby enter into this Consent Decree for the purpose of terminating a forfeiture proceeding arising from an investigation of Fifth Avenue, for alleged violations of Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1), and 73.3526(e)(12) of the Commission's Rules (``Rules''). BACKGROUND 2. On September 14, 2000, the Federal Communications Commission received a complaint that Fifth Avenue had ``...re-located its AM transmission site into another state without prior Commission authorization...''. The complainant requested ``...immediate Commission action to require the termination of the unauthorized and potentially dangerous operations of WCMI(AM).'' On September 25, 2000,
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  • Broadcasting Company, KHYT(FM), Tucson, AZ. San Diego, CA District Office (1/10/02). Family Life Broadcasting System, Inc., KFLT(AM), Tucson, AZ. San Diego, CA District Office (1/10/02). Royal Broadcasting of Arizona, LLC, KTZR(AM), Tucson, AZ. San Diego, CA District Office (1/10/02). Mendocino Unified School District, KAKX, Mendocino, CA. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (1/30/02). Jean J. Suh d/b/a Radio Hancock, Federal Way, WA (KSUH, Puyallup & KWYZ, Everett). Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.50 (Cleaning and Repainting), 73.1590 (Equipment Performance Measurements),
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  • shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. (a) Nothing contained herein shall be construed as authorizing any change in Station WRLV-FM's license, BLH-20010307AAI, except the channel as specified above. Any other changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with license BLH-20010307AAI, except for the channel as specified above and a license application (FCC Form 302) is filed
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  • 2003, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the communities listed below, as follows: Community Channel Number Los Banos, California 295A Planada, California 284B (a) Nothing contained herein shall be construed as authorizing any change in license BLH1980506AG, except the change specified above. Any other changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with license BLH1980506AG, except for the community as specified above, and a license application (FCC Form 302) is filed
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  • that Simes willfully violated Sections 11.35(a), 17.4(a) and 73.1350(a) of the Rules, but we reduce the forfeiture proposed for these violations from $15,000 to $3,000. Finally, we note that a search of Commission's ASR database revealed that, as of the release date of this Order, Simes still had not registered its antenna structure with the Commission. In addition, under Section 73.1690(b)(2) of the Rules, a broadcast licensee must file an application for a construction permit on FCC Form 301 to make any change in station geographic coordinates, including coordinate corrections of more than 3 seconds latitude and/or 3 seconds longitude. To date, no such application has been filed to correct the coordinates for KAKJ. Moreover, it is unclear from the record
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  • 18, 2003, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED as follows: Community Channel Number Reidsville, North Carolina 271C0 Midlothian, Virginia 255B1 South Hill, Virginia 255A (a) Nothing contained herein shall be construed as authorizing any change in license BLH19880509KA, except the changes specified above. Any other changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with license BLH19880509KA, except for the community and channel class as specified above, and a license application (FCC Form
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  • 2003, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the communities listed below, as follows: Community Channel Number Basin City, Washington 248C2 Othello, Washington ------ (a) Nothing contained herein shall be construed as authorizing any change in license BLH19920224KD, except the changes specified above. Any other changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with license BLH19920224KD, except for the community and channel class as specified above, and a license application (FCC Form
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  • case, the Commission approved an allotment site despite letters from a local mayor and the manager of a local airport urging rejection of the allotment and a letter from a property owner in the general area of the theoretical site stating that he did not intend to allow a tower on his property. This change is also consistent with Section 73.1690(c)(11) of the Rules which now permits a licensee to change its coordinates (latitude and/or longitude) by 3 seconds without prior Commission authorization. See Streamlining of Radio Technical Rules in Part 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000). See also Moncks Corner, South Carolina et al., 15 FCC Rcd 8973 (M.M.Bur. 2000); Randolph and Brandon, Vermont,
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  • Adopted: October 29, 2003 Released: October 30, 2003 By the Chief, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pacifica Broadcasting Company (``Pacifica''), licensee of noncommercial educational television Station KALO (TV) (formerly KAIE (TV)), Honolulu, Hawaii, apparently violated section 301 of the Communications Act of 1934, as amended (the ``Act'') and section 73.1690 of the Commission's rules by willfully and repeatedly broadcasting from an unauthorized transmitter site. Based upon our review of the facts and circumstances of this case, we conclude that Pacifica is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000.00). II. Background On March 8, 2001, Pacifica filed an application with the Commission for a
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  • By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Pacifica Broadcasting Company (``Pacifica''), licensee of noncommercial educational television Station KALO (TV) (formerly KAIE (TV)), Honolulu, Hawaii, for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Section 73.1690 of the Commission's Rules (``Rules''). The noted violation involves Pacifica's broadcasting from an unauthorized transmitter site. On October 30, 2003, the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Pacifica. Pacifica has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT
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  • that the license of Moenkopi Communications, Inc. for Station KTCE, Channel 222A, Payson, Utah, IS MODIFIED to specify operation on Channel 221A, subject to the following conditions: (a) Nothing contained herein shall be construed to authorize any change in the authorization for Station KTCE except for the channel as described above. Any other changes, except for those specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301); (b) Program tests may be conducted in accordance with Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with the authorization for Station KTCE except for the channel as specified above and a license application (FCC Form 302) is filed
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  • no violation of Sections 17.4(a)(2) and 17.50 of the Rules has occurred, we have found no information in the Commission records to indicate that WKLC, Inc. ever sought authorization to construct a replacement tower at a new height. Replacing an authorized tower with a tower of different height at the same location requires prior approval by the Commission. See Section 73.1690(b)(1) of the Rules. Accordingly, we require, pursuant to Section 308(b) of the Communications Act of 1934, as amended, that WKLC submit a report to the Enforcement Bureau within 30 days of the release of this Order demonstrating that it has filed an FCC Form 301 application for construction permit specifying the correct height of the tower and an FCC Form
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  • may not have intended to operate this unauthorized antenna permanently is irrelevant in determining whether a violation occurred. We note that the station engineer made no mention of any such tests during the inspection on April 21, 2005 and that there is no record that the station notified the San Juan Office of its intention to conduct tests. Moreover, Section 73.1690(b)(3) of the Rules states that modifications to transmission systems that would require an increase along any azimuth in the composite directional antenna pattern of an FM station from the composite directional antenna pattern authorized may only be made after the grant of a construction permit application. No modification application has been filed with the Commission. Thus, based on the evidence
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  • (``Metro''). See 45 U.S.C. §§ 312(a)(2), 319(c), and 503(b)(1)(A) (forfeiture appropriate for willful or repeated failure to comply substantially with the terms and conditions of any permit or other authorization issued by the Commission). See BPH-19921022MG. See September 6, 2005, Declaration of Humberto Lopez, attached to September 14, 2005, letter from Lauren A. Colby to Peter Doyle. Pursuant to Section 73.1690 of the Commission's Rules, a decrease in operating power, which also results in a change in the authorized station class, may be made only upon grant of specific authority. See 47 C.F.R. § 73.1690(c)(8)(iii). As noted above, Lopez has broadcast from May 30, 1999 until the present at an unauthorized antenna height and power, despite the absence of special temporary
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  • wireless and public safety services, the acceleration of the DTV transition, and the loss of broadcast service. Stations that have been admonished by the Commission do not qualify for the presumption condition. Id. Determination of other criteria that justify permission to flash cut is a matter that in the future may be considered by the Commission. See 47 C.F.R. §§ 73.1690(b) (modification of license or authorization) and 73.1750 (discontinuance of operations). See also note 16, supra. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 < 8 9 < C n s  Ñ ÿ‰PNG r v ‡ƒ"rÕ9 I'6› Ãd³Y›Í†aX Ëåò; Wh� ðX,†aXÞÌÐy¹]\\.W`hÊööva6l! �v"]­VßatÿãäääåË-``````°"m(c)x<ž¼G¼<æææž={-N§•J%tŒ<== ¤"""x Ò�� î ÃÈ(c)Òáá!Š¢''
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  • other licensees, but the mere question as to whether it may be required to undertake remedial measures does not bar grant of the construction permit application. Moreover, Lower Cape has amply documented that it has the tower owner's consent to mount its antenna on that tower structure. The Commission's own rules provide some flexibility in mounting antennas on towers. Section 73.1690(c)(1) permits a permittee to mount an FM antenna up to two meters above or four meters below the authorized value for the height of antenna radiation center, without requiring prior approval from the FCC. UMASS has not shown that Lower Cape's antenna mounting could not fall in this range. Importantly, requests involving greater changes in antenna height are routinely processed
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  • January 26, 2004, Honolulu agents observed that the KAOI-FM's antenna height of radiation center above ground level (AGL) was approximately 14 meters, as opposed to the authorized 25 meters. Consequently, the Honolulu Resident Agent Office issued a Notice of Violation (``NOV'') to Visionary on February 26, 2004, for modifying the KAOI-FM transmission systems without authorization pursuant to 47 C.F.R. § 73.1690(c)(1). Visionary responded to the NOV on April 19, 2004, stating that the authorized center of radiation of 25 meters, as shown on the Commission's data base, was a typo or transposition and that it would take action to correct the error. Visionary also states, in the July 2004 Application that a 1995 license grant to Visionary used parameters underlying an
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  • 18, 2008. See 47 C.F.R. § 73.624(d)(1)(v)-(vi); see also Third DTV Periodic Report and Order, supra note 1, at Section V.B.2. See 47 C.F.R. § 73.3536. FCC Form 302-DTV was not changed by the Third DTV Periodic Report and Order and remains available for filing. Stations may also make certain minor changes to licensed facilities pursuant to 47 C.F.R. § 73.1690. In the Third DTV Periodic Report and Order, the Commission established expedited processing for stations whose application meets all three of the following requirements: (1) The application does not seek to expand the station's facilities beyond its final post-transition DTV Table Appendix B facilities; (2) The application specifies facilities that match or closely approximate the DTV Table Appendix B facilities
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  • exceed the antenna heights and power levels specified in the authorizations, and therefore would not have caused interference to other stations. See Response at 5, 6, 7, 8, 9 and 10. We reject this argument. Except to the extent specifically provided in our Rules, we do not allow permittees to self-approve modifications to their construction permits. See 47 C.F.R. § 73.1690. Commission review and prior approval of engineering changes are necessary prior to construction. The Commission operates a national database of authorizations that allows all parties to know where and when broadcast spectrum is available. In an era of intense demand for broadcast spectrum, parties such as GLBC and GLBA cause substantial harm when they hoard spectrum by holding authorizations for
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  • this Notice of Apparent Liability for Forfeiture ("NAL"), we find John L. White (``Licensee''), licensee of Station KOLJ(AM), Quanah, Texas (``Station''), apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for his apparent willful and repeated violations of Section 301 of the Act and Sections 73.1350 and 73.1745 of the Rules, and his apparent willful violation 73.1690 of the Rules. The apparent violations involve Licensee's unauthorized operation of the Station at a variance from his license without first filing for and obtaining Commission approval for the modification of the Station's facilities. BACKGROUND On June 5, 2008, the Station went silent due to severe storms that caused damage to the Station equipment, particularly its tower, which collapsed. On
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  • 47 C.F.R. § 73.1620. KHOD(FM) Construction Permit, granted June 28, 2006. 47 C.F.R. § 73.1620; 47 U.S.C. § 319(c). See 47 U.S.C. §§ 312(a)(2), 319(c), and 503(b)(1)(A) (forfeiture appropriate for willful or repeated failure to comply substantially with the terms and conditions of any permit or other authorization issued by the Commission). 47 C.F.R. § 73.1610(a). See 47 C.F.R. § 73.1690(b) (providing that modifications, such as those made by Hodson to its operation, may be made only after the grant of a construction permit by the Commission). See also Pacifica Broadcasting Company, 18 FCC Rcd 22347 (EB 2003). See 47 C.F.R. § 73.1635 (providing that special temporary authority must be sought to permit the operation of a broadcast facility for a
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  • Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that R.J.'s Late Night Entertainment Corporation (``R.J.''), licensee of Non-Commercial Educational ("NCE") Class D Station WHPR-FM, in Highland Park, Michigan (the ``Station''), apparently willfully and repeatedly violated: (1) section 11.35(a) of the Commission's Rules ("Rules") by failing to maintain operational EAS equipment; (2) section 73.1690(b)(2) of the Rules for moving the Station's transmitter without Commission authorization; and (3) section 73.3527(b)(1) of the Rules by failing to maintain and make available a local public inspection file. We conclude that R.J. is apparently liable for a forfeiture in the amount of twenty-two thousand dollars ($22,000). We further direct R.J. to submit a written statement signed under penalty
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  • after a ``recent internal review of KUZZ-FM's technical operation indicated that the actual site coordinates of the station's main and auxiliary antennas differ slightly from the coordinates set forth on the station licenses.'' Because the change in coordinates is 3 seconds of latitude and 1 second of longitude, Owens has filed the Applications on FCC Form 302, pursuant to Section 73.1690(c)(11) of the Rules, which permits a licensee to correct its coordinates by no more than three seconds of latitude and/or longitude without prior authorization from the Commission. Calvary's co-channel station KWVE-FM, San Clemente, California, is short-spaced to KUZZ-FM, 221 kilometers from KUZZ-FM instead of 241 kilometers as required by Section 73.207(b)(1) of the Rules. As a result, Calvary has operated
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  • signs, and that the antenna was mounted at a very low height, which could present additional radiation hazards. 4. Agents from the Commission's Honolulu Office inspected the KAOI-FM site on January 26, 2004, and found that the antenna height of radiation center above ground level was eleven meters shorter than its authorized height of 25 meters, in violation of Section 73.1690(c)(1) of the Rules. The Honolulu Office issued a Notice of Violation to Visionary on February 26, 2004, affording it 20 days to respond. The Notice of Violation did not address Vockrodt-Moran's concerns regarding fencing or signage. On April 19, 2004, Visionary responded, explaining that the improper height of the antenna may have been caused by clerical errors and stating that
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  • fact that it at that point had no authority to be on the air at all, let alone from an unauthorized location about which it had already received two Notices of Violation. Accordingly, on October 21, 1998, the District Office issued a Notice of Apparent Liability to Morradio in the amount of $4,000 for willful violations of Sections 73.1350(a) and 73.1690 of the Rules. On that same date, the Bureau issued a letter reinstating the Station's operating authority and call sign. The 1998 Reinstatement Letter accepted for filing Morradio's 1997 License Renewal Application and granted Morradio an STA to operate the Station from its licensed site, denying a request to operate from the unauthorized site. Morradio responded to the 1998 NAL,
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  • Media Bureau: INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to John L. White (``White''), licensee of Station KOLJ(AM), Quanah, Texas (``Station''), for willfully and repeatedly violating Section 301 of the Communications Act, as amended (``Act''), and Sections 73.1350 and 73.1745 of the Commission's Rules (``Rules''), and willfully violating Section 73.1690 of the Rules. The violations involve White's unauthorized operation of the Station at a variance from his license without first filing for and obtaining Commission approval for modifying the Station's facilities. BACKGROUND On June 5, 2008, the Station went silent due to severe storms that caused damage to the Station's equipment, particularly its tower, which collapsed. On June 9, 2008,
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  • Adopted: May 2, 2012 Released: May 2, 2012 By the Regional Director, Northeast Region, Enforcement Bureau: In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of twenty-two thousand dollars ($22,000) to R.J.'s Late Night Entertainment Corporation (R.J.), licensee of Non-Commercial Educational Class D Station WHPR-FM, Highland Park, Michigan (Station), for willfully and repeatedly violating Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. The noted violations involved R.J.'s failure to maintain operational EAS equipment, relocation of the Station's transmitter without authorization, and failure to maintain and make available the Station's local public inspection file. 2. On October 24, 2011, the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of
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  • assigned to the U.S. Government and the Industrial Radio Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 16569 47 * 47 C.F.R § 11.35 Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $ 12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA Office (3/22/00). Valley Stream Taxi, Valley Stream, NY. Jonathan AJtomero, KC2AGX, Bronx, NY. New
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  • assigned to the U.S. Government and the Industrial Radio Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 16569 47 * 47 C.F.R § 11.35 Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $ 12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA Office (3/22/00). Valley Stream Taxi, Valley Stream, NY. Jonathan AJtomero, KC2AGX, Bronx, NY. New
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  • the license of Clear Channel Broadcasting Licenses, Inc. for Station WKGL, Channel 249A, Russellville, Alabama, IS MODIFIED, to specify operation on Channel 278A, subject to the following conditions: Nothing contained herein shall be construed to authorize any change in the authorization for Station WKGL except for the channel as described above. Any other changes, except for those specified under Section 73.1690 of the Commission's Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301); (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Commission's Rules, PROVIDED the transmission facilities comply in all respects with the authorization for Station WKGL except for the channel as specified above and a license application
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  • D.C. 20554 In the matter of ) ) Morradio, Inc. ) File Number: EB-00-AT-061 WLMA(AM) ) Greenwood, SC ) NAL/Acct. No.: X3248002 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 30, 2000 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Morradio, Inc. (``Morradio'') has apparently violated sections 73.1690(b), 73.3538(a)(4) and 11.35(a) of the Commission's Rules for failure to license changes in the antenna structure location and failure to install and maintain emergency alert system (``EAS'') equipment. We conclude that Morradio is apparently liable for forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND 2. Radio station WLMA(AM) is licensed to broadcast on 1350 kHz in Greenwood,
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  • Huntington, West Virginia ) NAL/Acct. No. 200132360003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 21, 2001 By the District Director, Detroit Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''), the licensee of WCMI(AM), licensed to Ashland, Kentucky, has apparently violated Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1) and 73.3526(e)(12) of the Commission's Rules (``Rules''). Respectively, these Rules require a copy of the most recent antenna impedance measurements be made available upon request by representatives of the FCC, WCMI(AM) be operated according to the terms of the station authorization, a construction permit be filed for modification of transmission system facilities, and, a copy of the current FCC
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  • at variance with the station authorization, in violation of Part 74 of the FCC's rules. In particular, the NOV detailed the variances in geographic coordinates, and the agents findings that the antenna for the 15 stations were mounted on the tower at a height approximately 100 feet higher than authorized. The NOV noted that Section 74.780, 73.3538(a)(1) and (4), and 73.1690(b)(2) require FCC grant of a construction permit prior to making any change in station geographic coordinates, including coordinate corrections, and any change in height of the antenna radiation center above ground. On May 8, 2001, the Anchorage Resident Agent Office received a written response to the NOV from ACS Television, L.LC. ACS stated: In or around November 1998, the previous
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  • Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Visionary Related Entertainment, licensee of FM Broadcast Station KAOI-FM. On January 26, 2004, agents of the Commission's Honolulu Office inspected the KAOI-FM antenna installation, 2.4 kilometers southeast of the Makena Post Office, Maui, Hawaii, and observed the following violation: 47 C.F.R. § 73.1690(c)(1): ``The following FM, TV and Class A station modifications may be made without prior authorization from the Commission. A modification of license application must be submitted to the Commission within 10 days of commencing program test operations pursuant to § 73.1620. (1) Replacement of an omnidirectional antenna with one of the same or different number of antenna bays, provided that
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  • January 26, 2004, Honolulu agents observed that the KAOI-FM's antenna height of radiation center above ground level (AGL) was approximately 14 meters, as opposed to the authorized 25 meters. Consequently, the Honolulu Resident Agent Office issued a Notice of Violation (``NOV'') to Visionary on February 26, 2004, for modifying the KAOI-FM transmission systems without authorization pursuant to 47 C.F.R. § 73.1690(c)(1). Visionary responded to the NOV on April 19, 2004, stating that the authorized center of radiation of 25 meters, as shown on the Commission's data base, was a typo or transposition and that it would take action to correct the error. Visionary also states, in the July 2004 Application that a 1995 license grant to Visionary used parameters underlying an
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  • T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 02/13/2006 Actions of: FM STATION APPLICATIONS FOR MODIFICATION OF LICENSE DISMISSED , WAYNESBORO 89.7 MHZ E MS License to modify. Dismissed as moot 2/13/2006 - no letter sent. Only reducing radiation center by 3 meters - not required per 73.1690. AMERICAN FAMILY ASSOCIATION WZKM 90975 BMLED-20051118AEH MS FM STATION APPLICATIONS FOR TRANSFER OF CONTROL DISMISSED , HUNTINGDON 100.9 MHZ E TN Voluntary Transfer of Control From: JAMES W. HOPPERS, JR. To: RUSSELL E. REVIERE Form 316 Dismissed as moot - no letter sent. JIM W FREELAND WVHR 42368 BTCH-20040213ACT TN FM TRANSLATOR APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT
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  • of radio station WEVI in Frederiksted, United States Virgin Islands. On July 27, 2006, an agent of the Commission's San Juan Office inspected radio station WEVI located at the 6A St Georges Hill transmitter site. Based on this observation and the admissions by Front Line in response to a letter of inquiry, we note the following violation(s): 47 C.F.R. § 73.1690 (b)(2): ``The following changes may be made only after the grant of a construction permit on Form 340 for noncommercial educational stations: Any change in station geographic coordinates, including coordinate corrections of more than 3 seconds latitude and/or 3 seconds longitude.'' Station WEVI's license authorizes it to broadcast from 17 deg 43 min 15 sec, North, 064 deg 51 min
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  • 13 21 90 117 141 117 141 175 190 201 10 8 10 53 70 91 64 77 97 99 116 11 8 11 53 70 91 64 81 108 127 140 None None 6 29 45 66 39 52 73 84 92 None None 2 5 8 11 8 11 18 21 26 * * * * * Section 73.1690 is amended by revising subsection (b)(2) and adding subsection (c)(11) as follows: (b) * * * * * (2) Any change in station geographic coordinates, including coordinate corrections of more than 3 seconds latitude and/or 3 seconds longitude. FM and TV directional stations must also file a construction permit application for any move of the antenna to another tower structure
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  • antenna input power and may not be less than 90% nor more than 105% of the authorized power,'' and Section 73.1560(b) provides that the transmitter output power of an FM station ``must be maintained as near as practicable to the authorized transmitter output power and may not be less than 90% nor more than 105% of the authorized power.'' Section 73.1690(b)(2) provides that any change in station geographic coordinates may only be made after the grant of a construction permit application on FCC Form 301. Based on the information before us, it appears that Family operated both WSTX(AM) and WSTX-FM substantially at variance from the terms of their authorizations in violation of Sections 73.1350, 73.1560(a) and (b) and 73.1690(b)(2) of the
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  • regarding the relocation of WSTX-FM's transmitter from its authorized site in violation of Section 73.1015 of the Rules; B. To determine whether Family Broadcasting, Inc. willfully or repeatedly violated §§1.89 and/or 73.1015 of the Rules by failing to respond to official Commission correspondence and inquiries; C. To determine whether Family Broadcasting, Inc. willfully or repeatedly violated §§73.1350(a), 73.1560(a), 73.1560(b) and/or 73.1690(b)(2) of the Rules by operating WSTX(AM) and WSTX-FM at variance from the terms of their authorizations; D. To determine whether Family Broadcasting, Inc. willfully or repeatedly violated §73.49 of the Rules by failing to enclose WSTX(AM)'s antenna within an effective locked fence; E. To determine whether Family Broadcasting, Inc. willfully or repeatedly violated §11.35 of the Rules by failing to
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  • Response at 4. Id. Id. at 4-5. Id. at 5. WWWA(FM) has been converted to noncommercial educational status pursuant to a modification of license application (File No. BMLED-20001010ADB), granted on January 30, 2001. Any prospective competitor wishing to operate the station on a commercial basis would therefore need to file an application on FCC Form 302 pursuant to 47 C.F.R. §73.1690(c)(9) to convert the license back to commercial status. Clear Channel Response at 6. Id. at 5. Id. Id. Id. at 5-6. As noted supra at ¶ 12 and footnote 21, our focus is different than that of the Department of Justice. Clear Channel cites applications to assign the licenses of stations WSKW(AM) and WCTB(FM) from Mountain to Cumulus Licensing Corp.
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  • effective radiated power (``ERP'') of 100 kW using a Superior Broadcast 8-bay antenna model with 0.75 wavelength spacing, operating with a center of radiation equal to 18 meters AGL. The station authorization for KTMN also includes the following special operating conditions: (1) ``If the licensee makes any changes in facilities via modifications of license application in accordance with 47 C.F.R. 73.1690(c), the subsequent Form 302-FM, application for license, must include a revised RF field showing to demonstrate continued compliance with the FCC guidelines''; (2) ``Warning signs which describe the radiofrequency electromagnetic (RF) field hazard must be posted at appropriate intervals. These signs must be at least 8 meters distant from the base of the tower. Measures must be taken so that
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  • April 13, 2001. Family admits that at the time of each inspection Stations WSTX(AM) and WSTX-FM were operating at variance from the terms of their licenses and that Family did not have an STA to operate either station at variance from the terms of its authorization. The ALJ therefore found willful and repeated violations of Sections 73.1350(a), 73.1560(a), 73.1560(b), and 73.1690(b)(2). Misrepresentation and/or Lack of Candor. The ALJ also found several instances of admitted misrepresentation or lack of candor by Family. In two separate responses, for example, the licensee falsely stated that its move to an unauthorized transmitter location was due to damage to its authorized facilities from Hurricane Lenny or Hurricane Marilyn. In fact, Gerard Luz James has admitted that
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  • of the alleged destruction of that tower and replacement with telephone poles. It also appears that CVES did not notify the Commission of the variance in height between its original tower as permitted and registered and its apparent actual height. We will specify an issue to determine whether Zawila, AES, or CVES willfully or repeatedly violated Section 17.57. 105. Section 73.1690(b)(2) of our Rules requires a construction permit for any move of an antenna to another tower structure located at the same coordinates as that authorized. Commission investigation appears to establish that Zawila and AES failed to report the move of the KNGS and KAAX antennas to the ``emergency'' poles located at the antenna site for those stations. Investigation also appears
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  • KTMN was authorized to operate on frequency 97.9 MHz with an effective radiated power (``ERP'') of 100 kW operating with a center of radiation equal to 18 meters AGL. The station license for KTMN also included the following special operating conditions: (1) ``If the licensee makes any changes in facilities via modifications of license application in accordance with 47 C.F.R. 73.1690(c), the subsequent Form 302-FM, application for license, must include a revised RF field showing to demonstrate continued compliance with the FCC guidelines''; (2) ``Warning signs which describe the radiofrequency electromagnetic (``RF'') field hazard must be posted at appropriate intervals. These signs must be at least 8 meters distant from the base of the tower. Measures must be taken so that
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  • NCE FM eligibility rules as NCE AM stations, and other Commission rules identify and recognize AM NCE stations. See, e.g., NPR Reply at 15-17. For example, the Commission's rules expressly regulate the conversion of an AM station from commercial to NCE status in the same way they regulate the similar conversion of FM and TV stations. See 47 C.F.R. § 73.1690(c)(9). As discussed below, the Commission does not treat LPTV stations or TV translator stations in the same manner. As one example, WNYC in New York City was an NCE AM station as of the effective date of section 397(6), and remains one to this day. NPR at 21-22; SRG at 5. NPR at 21. Id. at 21-22. Given that the
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  • conversions of authorized Class A stations are filed on FCC Form 301-CA. MSTV/NAB Comments at 19. Id. We have no experience with the station operations permitted on this basis and, therefore, to ensure compliance with our interference prediction criteria, will not permit station licensees to seek digital on-channel conversions as a modification of a station license. See 47 C.F.R. § 73.1690. See Section V., infra. See 47 C.F.R. § 76.53. Notice, 18 FCC Rcd at 18404. A number of commenters suggest that we take this opportunity to transform some or all of the low power broadcasting service into a service having primary regulatory status. As we stated in the Notice, ``[I]n this proceeding we are not addressing the interference protection priorities,
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  • File No. BL-990819DD at 2. Id. Letter to Peter Gutmann, Esq., Ref. 1800B3-JBS (MMB Nov. 22, 1999). Letter to Peter Gutmann, Esq., Ref. 1800B3-CNM (MMB Dec. 21, 2000). The staff specifically denied as a bare, unsupported assertion, KRI's claim that the Whip Antenna System was an ``identical'' ``replacement'' tower permitted under Commission rules. Id. at 2 (distinguishing 47 C.F.R. § 73.1690(b)(1) which provides that a permit is required to construct new towers, except for replacement of an existing tower with one of identical height and coordinates). For example, the proposed Laughlin facility failed to provide any nighttime coverage to Winchester, the station's community of license. Letter to Peter Gutmann, Esq., Ref. 1800B3-JBS (MMB Nov. 8, 2000). Far West Inc. v. Clark
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  • in greater detail above.]'' Discussion A. Applications for Review 36. October 13, 1998, application for review. In its October 13, 1998, application for review, Apex argues that the 1998 Letter Decision finding erred in failing to order the termination of KOLI(FM)'s program tests which, it claims, were undertaken in ``an intentional and unexcused violation of a clear Commission rule.'' Section 73.1690(c), states Apex, clearly requires grant of an application on FCC Form 302 before a broadcaster can convert from NCE to commercial operation, and ``there is absolutely no basis, either in law or in fact, to support the ultimate finding . . . that [High's] commercial operation of its noncommercial permit was the result of an honest mistake.'' 37. We disagree
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  • accompanied by speculation that lacks factual support). See also Hispanic Broadcast System, Inc., 16 FCC Rcd 8072, 8074 (2001) (declining to infer an intent to deceive based on applicant's alleged motive to obtain favorable action on pending applications). Action regarding KM's construction at the wrong site is discussed infra, note 36. See 47 C.F.R. § 73.3598(e). See 47 C.F.R. § 73.1690(b)(2). CMA's own initial survey was also wrong, which may suggest that the site presents survey difficulties. See 47 C.F.R. § 1.3; Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (``[W]aiver is appropriate . . . if special circumstances warrant a deviation from the general rule and such deviation will serve the public interest.''); WAIT Radio
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  • in a station's replication service area is within the PNLC of at least one proposed DTS transmitter. See MWG comments in MB Docket No. 03-15 at 17. Siete Grande comments in MB Docket No. 03-15 at 8-9. See WPSX/Penn State Reply in MB Docket No. 03-15 at 2. See 47 C.F.R. §§ 73.624(d) and 73.3598. For example: 47 C.F.R. § 73.1690(b) requires a construction permit be granted before a new tower structure is built for broadcast purposes, or a station's geographic coordinates are changed or effective radiated power is increased; 47 C.F.R. § 73.3533 requires that a Form 301 be used by commercial broadcast stations seeking a construction permit and Form 340 be used by noncommercial educational broadcast stations; 47 C.F.R.
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  • to ensure the installation and maintenance of operational EAS equipment for Stations WSTX(AM) and WSTX-FM as required by Section 11.35; To determine whether Family Broadcasting, Inc. under the direction of transferee Barbara James-Petersen will operate WSTX(AM) and WSTX-FM in accordance with the Rules, the Communications Act, and the terms of their authorizations as required by Sections 73.1350(a), 73.1560(a), 73.1560(b), and 73.1690(b); and To determine, in light of the evidence adduced pursuant to the foregoing issues, whether approval of the transfer of control application will serve the public interest. 17 FCC Rcd at 6191-92. The burdens of proceeding and proof as to each issue were assigned to Family. Id. Minority Distress Applications On February 24, 2003, Family filed a Petition for Extraordinary
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  • Economic Development Corporation, to William D. Freedman, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, dated May 27, 2004. See Application for FM Broadcast Station License (FCC 302-FM), File No. BLH-20030122AEG. Initially, Hammond responded ``No'' to Question 7, Section III-Engineering, which asks whether the facility was constructed as authorized in the underlying construction permit, or complies with 47 C.F.R. § 73.1690, concerning procedures and restrictions that apply to licensee modifications of authorized broadcast system facilities. Id. In his January 28, 2003, amendment, Hammond changed the answer to Question 7 to ``Yes,'' specifically stating that he had inadvertently marked the ``No'' response initially, and that the correct answer was ``Yes.'' Moreover, Hammond, in both the original application and subsequent amendment, answered ``Yes''
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  • site specified in the application, without resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in §§ 73.213 through 73.215, or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with §§ 73.207 and 73.315 without resort to §§ 73.213 through 73.215. 5. Section 73.1690 is amended by revising paragraph (b) and adding sub-paragraph (9) to read as follows: § 73.1690 Modification of transmission systems. ***** (b) ***** (9) Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's present assignment. 6. Section 73.3571 is amended by revising paragraph
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  • (iv) applications to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. In the Second DTV Periodic Report and Order, the Commission noted that it would continue to process rulemakings in which a Notice of Proposed Rulemaking (``NPRM'') had been issued prior to the adoption of the Second DTV Periodic Report and Order, but ordered the dismissal of all pending petitions to change the NTSC Table of Allotments (``NTSC Table'')
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  • (iv) applications to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. In the Seventh Report and Order, we denied seven requests of stations seeking a waiver of the filing freeze, except for one station which demonstrated unique circumstances. Seventh Report and Order, 22 FCC Rcd at 15618-9, ¶ 90. Seventh Report and Order at apps. A and B. See also 47 C.F.R. § 73.622(i). Approximately 123 stations have filed
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  • 12-month period, then the station license granted for the operation of that broadcast station expires at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary.'' 47 U.S.C. § 312(g). If discontinuing operations, stations must also be mindful of the Commission's rules. See, e.g., 47 C.F.R. §§ 73.1615 (operation during modification of facilities), 73.1690 (modification of transmission systems), 73.1740 (minimum operating schedule) and 73.1750 (discontinuance of operation). These post-transition channel assignments largely were based on the choices made by licensees during the channel-election process. Eligibility for a proposed post-transition channel assignment was limited to existing Commission licensees and permittees. See Seventh FNPRM, 21 FCC Rcd at 12117-18 ¶ 50. This total includes 1,806 stations
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  • (iv) applications to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze did not prevent the processing of pending applications. See id.; see also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. On May 30, 2008, the Commission lifted this freeze. That action effectively allowed stations to file applications for maximization of their facilities and any desired channel changes, immediately and the Commission encouraged stations to file promptly. That action did not, however, lift the current freeze on filing of petitions for allotment of DTV channels for new stations, or
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  • presented may be granted only if circumstances have changed since the last opportunity to present such matters, the facts were unknown at that time and could not have been learned through ordinary diligence, or consideration of the facts is required in the public interest. KRI's Petition raises two issues. First, KRI reasserts that it constructed facilities that complied with Section 73.1690(b)(1) of the Commission's Rules (the ``Rules''), which allows permittees to replace an authorized tower ``with a new tower of identical height and geographic coordinates.'' KRI repeats its argument, rejected by the Bureau, and then by the Commission on review, that the fiberglass antenna system need not have been at the same physical height as the facilities authorized because it was
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  • (iv) applications to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. In the Second DTV Periodic Report and Order, the Commission noted that it would continue to process rulemakings in which a Notice of Proposed Rulemaking (``NPRM'') had been issued prior to the adoption of the Second DTV Periodic Report and Order, but ordered the dismissal of all pending petitions to change the NTSC Table of Allotments (``NTSC Table'')
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  • allows the Commission to implement regulations regarding minor changes to licensed facilities whereby a modified license may be issued without prior issuance of a construction permit. The Commission has recently implemented "one-step" licensing procedures that can be used in specified circumstances. See Certain Minor Changes in Broadcast Facilities Without a Construction Permit, 12 FCC Rcd 12371 (1997); 47 C.F.R. § 73.1690. - 18 - 47. We have proposed substantial revisions to our applications forms and processing procedures. These would significantly streamline the amount of information that applicants must furnish to the Commission. We would rely more heavily on certifications by applicants that they comply with the applicable rules. By so doing, we do not intend at all to lower our expectation
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  • Federal Communications Commission FCC 98-117 87 We propose to continue to treat AM applications to change from Class B to Class D as "minor" changes. 88 Commercial FM and AM stations presently are required to maintain 3.16 mV/m and 5 mV/m contours, respectively, over their communities of license. See 47 C.F.R. §§ 73.24(i), 73.315(a). 89 See 47 C.F.R. § § 73.1690(b)(2) and 73.3536. Applications for construction permits must be filed on FCC Form 301 for commercial stations, Form 340 for noncommercial educational stations and Form 349 for FM translator and booster stations. License applications are filed on FCC Form 302 or 350 as appropriate 90 In 1996, the Commission received comments in response to the Notice of Proposed Rulemaking in MM
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
  • defined in § 73.6010. * * * * * (c)(1) Where an FM, TV or Class A TV licensee proposes to use a formerly licensed main facility as an auxiliary facility, or proposes to modify a presently authorized auxiliary facility, and no changes in the height of the antenna radiation center are required in excess of the limits in § 73.1690(c)(1), the FM, TV or Class A TV licensee may apply for the proposed auxiliary facility by filing a modification of license application. The modified auxiliary facility must operate on the same channel as the licensed main facility. An exhibit must be provided with this license application to demonstrate compliance with § 73.1675(a). All FM, TV and Class A TV licensees
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.pdf
  • abruptly to the west. Increasing the stations' antenna HAAT value would have required contour protection of the nearby Table Mountain Receiving Zone in Boulder County and was likely to degrade overall service to the public. 73 Such requests would be appropriately submitted in response to a Commission order to show cause. See supra, ¶ 43. 74 See 47 C.F.R. §§ 73.1690(b)(2), 73.3536. 75 47 U.S.C. § 319(d). 76 See Notice, 13 FCC Rcd at 14872-73. 77 47 C.F.R. § 73.207; see Comments of AFCCE, CTI, Radio Property Ventures and WVRC. Federal Communications Commission FCC 00-368 20 the correction, the facility file a FCC Form 301 (application for construction permit for a commercial broadcast station) accompanied by an exhibit addressing the short
• http://transition.fcc.gov/eb/Orders/2001/fcc01044.doc http://transition.fcc.gov/eb/Orders/2001/fcc01044.html
  • antenna input power and may not be less than 90% nor more than 105% of the authorized power,'' and Section 73.1560(b) provides that the transmitter output power of an FM station ``must be maintained as near as practicable to the authorized transmitter output power and may not be less than 90% nor more than 105% of the authorized power.'' Section 73.1690(b)(2) provides that any change in station geographic coordinates may only be made after the grant of a construction permit application on FCC Form 301. Based on the information before us, it appears that Family operated both WSTX(AM) and WSTX-FM substantially at variance from the terms of their authorizations in violation of Sections 73.1350, 73.1560(a) and (b) and 73.1690(b)(2) of the
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1844A1.html
  • the Anchorage Office verified by direction finding techniques that the above referenced 15 LPTV stations were transmitting from ACS's ASR number 1204036. On April 19, 2001, the Anchorage Office issued a Notice of Violation (``NOV''), indicating that the 15 LPTV stations were constructed and operating at variance with the station authorization, in violation of Sections 74.780, 73.3538(a)(1) and (4), and 73.1690(b)(2) of the Rules. In particular, the NOV detailed the variances in geographic coordinates, and the agents' findings that the antennas for the 15 stations were mounted on the tower at a height of approximately 100 feet higher than authorized. On May 8, 2001, ACS submitted a response to the NOV in which it indicated that, ``in or around November 1998,''
• http://transition.fcc.gov/eb/Orders/2002/DA-02-364A1.html
  • Consent Decree entered into between the Enforcement Bureau and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''). The Consent Decree terminates the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. Fifth Avenue, licensee of WCMI(AM), apparently violated Sections 73.1225(d)(1) (failure to maintain copy of the most recent antenna impedance measurement); 73.1350(a) (failure to operate according to the terms of the station authorization); 73.1690(b)(2) (failure to file a construction permit); 73.3526(e)(1) (failure to maintain copy of current authorization in public inspection file); and 73.3526(e)(12) (failure to maintain issues/programs lists in the public inspection file) of the Commission's Rules.1 2. The Consent Decree provides, that, among other things, Fifth Avenue will implement a Compliance Plan to ensure its future compliance with the Commission's Rules and
• http://transition.fcc.gov/eb/Orders/2002/DA-02-364A2.html
  • document, download the Microsoft Word or Adobe Acrobat version. ***************************************************************** CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission (``Commission or FCC'') and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue'') hereby enter into this Consent Decree for the purpose of terminating a forfeiture proceeding arising from an investigation of Fifth Avenue, for alleged violations of Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1), and 73.3526(e)(12) of the Commission's Rules (``Rules'').1 BACKGROUND 2. On September 14, 2000, the Federal Communications Commission received a complaint that Fifth Avenue had ``...re- located its AM transmission site into another state without prior Commission authorization...''. The complainant requested ``...immediate Commission action to require the termination of the unauthorized and potentially dangerous operations of WCMI(AM).'' On September 25,
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-312A1.html
  • effective radiated power (``ERP'') of 100 kW using a Superior Broadcast 8-bay antenna model with 0.75 wavelength spacing, operating with a center of radiation equal to 18 meters AGL.8 The station authorization for KTMN also includes the following special operating conditions: (1) ``If the licensee makes any changes in facilities via modifications of license application in accordance with 47 C.F.R. 73.1690(c), the subsequent Form 302-FM, application for license, must include a revised RF field showing to demonstrate continued compliance with the FCC guidelines''; (2) ``Warning signs which describe the radiofrequency electromagnetic (RF) field hazard must be posted at appropriate intervals. These signs must be at least 8 meters distant from the base of the tower. Measures must be taken so that
• http://transition.fcc.gov/eb/Orders/2003/DA-03-1435A1.html
  • Simes willfully violated Sections 11.35(a), 17.4(a) and 73.1350(a) of the Rules, but we reduce the forfeiture proposed for these violations from $15,000 to $3,000. 14. Finally, we note that a search of Commission's ASR database revealed that, as of the release date of this Order, Simes still had not registered its antenna structure with the Commission. In addition, under Section 73.1690(b)(2) of the Rules,16 a broadcast licensee must file an application for a construction permit on FCC Form 301 to make any change in station geographic coordinates, including coordinate corrections of more than 3 seconds latitude and/or 3 seconds longitude. To date, no such application has been filed to correct the coordinates for KAKJ. Moreover, it is unclear from the record
• http://transition.fcc.gov/eb/Orders/2003/DA-03-3431A1.html
  • October 29, 2003 Released: October 30, 2003 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pacifica Broadcasting Company (``Pacifica''), licensee of noncommercial educational television Station KALO (TV) (formerly KAIE (TV)), Honolulu, Hawaii, apparently violated section 301 of the Communications Act of 1934, as amended (the ``Act'')1 and section 73.1690 of the Commission's rules2 by willfully and repeatedly broadcasting from an unauthorized transmitter site. Based upon our review of the facts and circumstances of this case, we conclude that Pacifica is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000.00). II. Background 2. On March 8, 2001, Pacifica filed an application with the Commission for
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-332A1.html
  • KTMN was authorized to operate on frequency 97.9 MHz with an effective radiated power (``ERP'') of 100 kW operating with a center of radiation equal to 18 meters AGL.5 The station license for KTMN also included the following special operating conditions: (1) ``If the licensee makes any changes in facilities via modifications of license application in accordance with 47 C.F.R. 73.1690(c), the subsequent Form 302-FM, application for license, must include a revised RF field showing to demonstrate continued compliance with the FCC guidelines''; (2) ``Warning signs which describe the radiofrequency electromagnetic (``RF'') field hazard must be posted at appropriate intervals. These signs must be at least 8 meters distant from the base of the tower. Measures must be taken so that
• http://transition.fcc.gov/eb/Orders/2004/DA-04-1290A1.html
  • the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Pacifica Broadcasting Company (``Pacifica''), licensee of noncommercial educational television Station KALO (TV) (formerly KAIE (TV)), Honolulu, Hawaii, for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Section 73.1690 of the Commission's Rules (``Rules'').1 The noted violation involves Pacifica's broadcasting from an unauthorized transmitter site. 2. On October 30, 2003, the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Pacifica.2 Pacifica has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3.
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2264A1.html
  • no violation of Sections 17.4(a)(2) and 17.50 of the Rules has occurred, we have found no information in the Commission records to indicate that WKLC, Inc. ever sought authorization to construct a replacement tower at a new height. Replacing an authorized tower with a tower of different height at the same location requires prior approval by the Commission. See Section 73.1690(b)(1) of the Rules.4 7. Accordingly, we require, pursuant to Section 308(b) of the Communications Act of 1934, as amended, that WKLC submit a report to the Enforcement Bureau within 30 days of the release of this Order demonstrating that it has filed an FCC Form 301 application for construction permit specifying the correct height of the tower and an FCC
• http://transition.fcc.gov/eb/Orders/2005/DA-05-3025A1.html
  • not have intended to operate this unauthorized antenna permanently is irrelevant in determining whether a violation occurred. We note that the station engineer made no mention of any such tests during the inspection on April 21, 2005 and that there is no record that the station notified the San Juan Office of its intention to conduct tests. 8. Moreover, Section 73.1690(b)(3) of the Rules states that modifications to transmission systems that would require an increase along any azimuth in the composite directional antenna pattern of an FM station from the composite directional antenna pattern authorized may only be made after the grant of a construction permit application.8 No modification application has been filed with the Commission. Thus, based on the evidence
• http://transition.fcc.gov/eb/Orders/2005/FCC-05D-01A1.html
  • ensure the installation and maintenance of operational EAS equipment for Stations WSTX(AM) and WSTX-FM as required by Section 11.35; i. To determine whether Family Broadcasting, Inc. under the direction of transferee Barbara James-Petersen will operate WSTX(AM) and WSTX-FM in accordance with the Rules, the Communications Act, and the terms of their authorizations as required by Sections 73.1350(a), 73.1560(a), 73.1560(b), and 73.1690(b); and j. To determine, in light of the evidence adduced pursuant to the foregoing issues, whether approval of the transfer of control application will serve the public interest. 17 FCC Rcd at 6191-92. The burdens of proceeding and proof as to each issue were assigned to Family. Id. Minority Distress Applications 8. On February 24, 2003, Family filed a Petition
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-124A1.html
  • Economic Development Corporation, to William D. Freedman, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, dated May 27, 2004. See Application for FM Broadcast Station License (FCC 302-FM), File No. BLH-20030122AEG. Initially, Hammond responded "No" to Question 7, Section III-Engineering, which asks whether the facility was constructed as authorized in the underlying construction permit, or complies with 47 C.F.R. S 73.1690, concerning procedures and restrictions that apply to licensee modifications of authorized broadcast system facilities. Id. In his January 28, 2003, amendment, Hammond changed the answer to Question 7 to "Yes," specifically stating that he had inadvertently marked the "No" response initially, and that the correct answer was "Yes." Moreover, Hammond, in both the original application and subsequent amendment, answered "Yes"
• http://transition.fcc.gov/eb/Orders/2007/DA-07-548A1.html
  • January 26, 2004, Honolulu agents observed that the KAOI-FM's antenna height of radiation center above ground level (AGL) was approximately 14 meters, as opposed to the authorized 25 meters. Consequently, the Honolulu Resident Agent Office issued a Notice of Violation ("NOV") to Visionary on February 26, 2004, for modifying the KAOI-FM transmission systems without authorization pursuant to 47 C.F.R. S 73.1690(c)(1). Visionary responded to the NOV on April 19, 2004, stating that the authorized center of radiation of 25 meters, as shown on the Commission's data base, was a typo or transposition and that it would take action to correct the error. Visionary also states, in the July 2004 Application that a 1995 license grant to Visionary used parameters underlying an
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2404A1.html
  • 47 C.F.R. S: 73.1620. KHOD(FM) Construction Permit, granted June 28, 2006. 47 C.F.R. S: 73.1620; 47 U.S.C. S: 319(c). See 47 U.S.C. S:S: 312(a)(2), 319(c), and 503(b)(1)(A) (forfeiture appropriate for willful or repeated failure to comply substantially with the terms and conditions of any permit or other authorization issued by the Commission). 47 C.F.R. S: 73.1610(a). See 47 C.F.R. S: 73.1690(b) (providing that modifications, such as those made by Hodson to its operation, may be made only after the grant of a construction permit by the Commission). See also Pacifica Broadcasting Company, 18 FCC Rcd 22347 (EB 2003). See 47 C.F.R. S: 73.1635 (providing that special temporary authority must be sought to permit the operation of a broadcast facility for a
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1755A1.html
  • I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"), we find that R.J.'s Late Night Entertainment Corporation ("R.J."), licensee of Non-Commercial Educational ("NCE") Class D Station WHPR-FM, in Highland Park, Michigan (the "Station"), apparently willfully and repeatedly violated: (1) section 11.35(a) of the Commission's Rules ("Rules") by failing to maintain operational EAS equipment; (2) section 73.1690(b)(2) of the Rules for moving the Station's transmitter without Commission authorization; and (3) section 73.3527(b)(1) of the Rules by failing to maintain and make available a local public inspection file. We conclude that R.J. is apparently liable for a forfeiture in the amount of twenty-two thousand dollars ($22,000). We further direct R.J. to submit a written statement signed under penalty
• http://transition.fcc.gov/eb/Orders/2012/DA-12-685A1.html
  • May 2, 2012 Released: May 2, 2012 By the Regional Director, Northeast Region, Enforcement Bureau: 1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of twenty-two thousand dollars ($22,000) to R.J.'s Late Night Entertainment Corporation (R.J.), licensee of Non-Commercial Educational Class D Station WHPR-FM, Highland Park, Michigan (Station), for willfully and repeatedly violating Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. The noted violations involved R.J.'s failure to maintain operational EAS equipment, relocation of the Station's transmitter without authorization, and failure to maintain and make available the Station's local public inspection file. 2. On October 24, 2011, the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of
• http://transition.fcc.gov/eb/Orders/da001190.doc http://transition.fcc.gov/eb/Orders/da001190.html http://transition.fcc.gov/eb/Orders/da001190.txt
  • We also admonish Bay for continuing to use a long wire antenna without Commission authorization for radio station KHSN(AM), Coos Bay, Oregon, and for continuing to operate that station's transmitter at an unauthorized location, even after receiving a Notice of Violation (``NOV'') and a Notice of Apparent Liability (``NAL'') with respect to both matters, in violation of sections 73.1675 and 73.1690(b)(2) of the Commission's rules, 47 C.F.R. §§ 73.1675 and 73.1690(b)(2). BACKGROUND 2. Following receipt of a complaint from Robert King (``Mr. King''), a former employee of Bay, on April 13 and 14, 1999, the resident agent of the Commission's Portland Field Office conducted an inspection of KBBR, KHSN and three other stations then licensed to Bay. The inspection resulted in
• http://transition.fcc.gov/eb/Orders/da001523.doc http://transition.fcc.gov/eb/Orders/da001523.html http://transition.fcc.gov/eb/Orders/da001523.txt
  • X3248002 Greenwood, South Carolina ) FORFEITURE ORDER Adopted: July 6, 2000 Released: July 7, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against Morradio, Inc., licensee of AM Station WLMA, Greenwood, South Carolina, for willful and repeated violation of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. The noted violations involve Morradio's changes in its antenna structure location without a construction permit and failure to install and maintain Emergency Alert System equipment. 2. On January 24, 2000, the District Director of the Atlanta Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars
• http://transition.fcc.gov/eb/Orders/da00948.doc http://transition.fcc.gov/eb/Orders/da00948.html http://transition.fcc.gov/eb/Orders/da00948.txt
  • FORFEITURE ORDER Adopted: April 26, 2000 Released: April 27, 2000 By the Chief, Enforcement Bureau: 1. This Forfeiture Order (``Order'') imposes a forfeiture against Bay Broadcasting Corporation (``Bay'') in the amount of nineteen thousand dollars ($19,000). We conclude that Bay willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended (the ``Act''), and Sections 73.1201, 73.1675, 73.1690 and 74.1251 of the Commission's rules. The violations include: operation without Commission authorization of studio-transmitter links (``STL'') for stations KHSN(AM), Coos Bay, and KACW(FM) and KBBR(AM), both in North Bend, all in Oregon; failure to broadcast required station identification announcements on Station KHSN(AM); use without Commission authorization of a long wire antenna for KHSN(AM); relocation without Commission authorization of the
• http://transition.fcc.gov/eb/Public_Notices/DA-02-402A1.html
  • KHYT(FM), Tucson, AZ. San Diego, CA District Office (1/10/02). * Family Life Broadcasting System, Inc., KFLT(AM), Tucson, AZ. San Diego, CA District Office (1/10/02). * Royal Broadcasting of Arizona, LLC, KTZR(AM), Tucson, AZ. San Diego, CA District Office (1/10/02). * Mendocino Unified School District, KAKX, Mendocino, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (1/30/02). * Jean J. Suh d/b/a Radio Hancock, Federal Way, WA (KSUH, Puyallup & KWYZ, Everett). Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.50 (Cleaning and Repainting), 73.1590 (Equipment Performance Measurements),
• http://transition.fcc.gov/eb/Public_Notices/da002635.doc http://transition.fcc.gov/eb/Public_Notices/da002635.html
  • System Requirements). San Juan, PR Resident Agent Office 47 C.F.R. § 11.35 - Equipment Operations Readiness Cox Communications, Omaha, NE. Kansas City, MO District Office (10/02/00). Brown Radio Group, Inc (WBBA-FM), Pittsfield, IL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1690 (Modification of Transmission Systems), 73.1870 (Chief Operators), 73.3536 (Application for License to Cover Construction Permit) and 73.3541 (Application for Involuntary Assignment of License or Transfer of Control). Chicago, IL District Office (10/3/00). FM Radio Station KWIZ, LBI Radio License Corp., Hollywood, CA. Other violation: 47 C.F.R. § 11.61. Los Angeles, CA District Office (10/11/00). AM Radio Station KVRN, LBI Radio
• http://transition.fcc.gov/eb/Public_Notices/da002855.doc http://transition.fcc.gov/eb/Public_Notices/da002855.html
  • Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). New Orleans, LA District Office (11/9/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 - Unauthorized Operation Fifth Avenue Broadcasting Co., Inc., Huntington, WV. Other violations: 47 C.F.R. §§ 11.15 (EAS Operating Handbook), 73.49 (AM Transmission System Fencing Requirements), 73.1225 (Station Inspection By FCC), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (11/20/00). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. § 1.903 - Authorization Required Whitemarsh Community Ambulance, Lafayette Hill, PA. Philadelphia, PA District Office (11/20/00). 47 C.F.R. Part
• http://transition.fcc.gov/eb/Public_Notices/da00813.doc http://transition.fcc.gov/eb/Public_Notices/da00813.html
  • Industrial Radio Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 47 C.F.R. Part 11 (Emergency Alert System Rules) 47 C.F.R. § 11.35 (Equipment Operational Readiness) Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 (unlicensed operation of a station) Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA
• http://transition.fcc.gov/eb/Public_Notices/da01102.doc http://transition.fcc.gov/eb/Public_Notices/da01102.html
  • Office (12/19/00). Alltel Communications Inc., Little Rock, AR. Norfolk, VA Resident Agent Office (12/22/00). United States Cellular Corporation, Washington, DC. Norfolk, VA Resident Agent Office (12/27/00). United States Cellular Corporation, Washington, DC. Norfolk, VA Resident Agent Office (12/27/00). United States Cellular Corporation, Washington, DC. Norfolk, VA Resident Office (12/27/00). 47 C.F.R. Part 73 - Broadcast Radio Services 47 C.F.R. § 73.1690 - Modification of Transmission Systems Rama Communications, Inc., Orlando, FL.. Tampa, FL District Office (12/18/00) 47 C.F.R. § 73.3527 - Local Public Inspection File of Noncommercial Educational Stations Pickle Hill Public B/Casting, Inc. Anchorage, AK Resident Agent Office (12/5/00). 47 C.F.R. Part 74 - Experimental Radio, Auxiliary, Special Broadcast and Other Program Distributional Services 47 C.F.R. § 74.532 - Licensing
• http://transition.fcc.gov/eb/Public_Notices/da011756.doc http://transition.fcc.gov/eb/Public_Notices/da011756.html
  • violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 73.51 (Determining Operating Power), 73.1230 (Posting of Station License), and 73.1400 (Transmission System Monitoring). Atlanta, GA District Office (6/18/01). Wilson Broadcasting Co., Inc., WAGF(AM), Dothan, AL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring), 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation) and 73.1820 (Station Log). Atlanta, GA District Office (6/18/01). Christian Broadcasting Group, Ceiba, PR. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Juan, PR Resident
• http://transition.fcc.gov/eb/Public_Notices/da012540.html http://transition.fcc.gov/eb/Public_Notices/da012540.pdf
  • NOTICES OF APPARENT LIABILITY Communications Act * 47 U.S.C. 301 Unauthorized Operation * David Edwin Merrell, Wichita Falls, TX. $10,000 NAL. Dallas, TX District Office (9/10/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.1225 Station Inspections By FCC * Fifth Avenue Broadcasting Co., Inc., WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 90.233 (Base/Mobile Non Voice Operations), and 90.403 (General Operating Requirements).
• http://transition.fcc.gov/eb/Public_Notices/da012948.html http://transition.fcc.gov/eb/Public_Notices/da012948.pdf
  • IL. Chicago, IL District Office (11/6/01). * Wireless Co., L.P., Rosemont, IL. Chicago, IL District Office (11/6/01). * Trinity Christian Center of Santa Ana DBA Trinity Broadcasting Network, Gower, MO. Kansas City, MO District Office (11/9/01). * AT&T Wireless Services, Inc., Tyler, TX. Dallas, TX District Office (11/13/01). * Apple Broadcasting Company, Inc., WGDN(AM), Gladwin, MI. Other violations: 47 C.F.R. 73.1690 (Modification of Transmission Systems) and 73.1745 (Unauthorized Operation). Detroit, MI District Office (11/14/01). * Howard County Government, Howard County, MD. Columbia, MD District Office (11/16/01). * Spectrum Resources Towers, Carson City, NV(ASR 1204302). San Francisco, CA District Office (11/21/01). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Leonard Stevens, Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office
• http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • site specified in the application, without resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in §§ 73.213 through 73.215, or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with §§ 73.207 and 73.315 without resort to §§ 73.213 through 73.215. 5. Section 73.1690 is amended by revising paragraph (b) and adding sub-paragraph (9) to read as follows: § 73.1690 Modification of transmission systems. ***** (b) ***** (9) Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's present assignment. 6. Section 73.3571 is amended by revising paragraph
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • measurements. [517]TEXT [518]PDF 73.1610 Equipment tests. [519]TEXT [520]PDF 73.1615 Operation during modification of facilities. [521]TEXT [522]PDF 73.1620 Program tests. [523]TEXT [524]PDF 73.1635 Special temporary authorizations (STA). [525]TEXT [526]PDF 73.1650 International agreements. [527]TEXT [528]PDF 73.1660 Acceptability of broadcast transmitters. [529]TEXT [530]PDF 73.1665 Main transmitters. [531]TEXT [532]PDF 73.1670 Auxiliary transmitters. [533]TEXT [534]PDF 73.1675 Auxiliary antennas. [535]TEXT [536]PDF 73.1680 Emergency antennas. [537]TEXT [538]PDF 73.1690 Modification of transmission systems. [539]TEXT [540]PDF 73.1692 Broadcast station construction near or installation on an AM broadcast tower. [541]TEXT [542]PDF 73.1695 Changes in transmission standards. [543]TEXT [544]PDF 73.1700 Broadcast day. [545]TEXT [546]PDF 73.1705 Time of operation. [547]TEXT [548]PDF 73.1710 Unlimited time. [549]TEXT [550]PDF 73.1715 Share time. [551]TEXT [552]PDF 73.1720 Daytime. [553]TEXT [554]PDF 73.1725 Limited time. [555]TEXT [556]PDF 73.1730 Specified hours.
• http://transition.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • Section 73.1675(c)(1) varchar(1) rule_73_1675c_ind this application being filed pursuant to 47 CFR § 73.1675(c)(1 ) to request varchar(1) authorization to use a formerly licensed main facility as an auxiliary antenna and/or change the ERP of the proposed auxiliary antenna? rule_73_1690c_ind Constructed Facility. The facility was constructed as authorized in the underlying varchar(1) construction permit and complies with 47 CFR § 73.1690(c). 1/20/2012 Page 25 of 42 rule_73_1690c8i_ind Community coverage requirements of 47 C.F.R. Section 73.1680(c)(8) met varchar(1) indicator rule_73_1690c9_ind Change the license status. Is this application being filed pursuant to § 73.1690(c)(9) varchar(1) to change the license status from commercial to noncommercial or from noncommercial to commercial? rule_73_1692_ind the application being file pursuant to 73.1692 to demonstrate that construction near varchar(1)
• http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.doc http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.pdf
  • Facilities (AM, FM, and Television) 25 F. Changes to the Vertically Polarized ERP for FM and Television Stations 27 G. Changes in Height of Antenna Radiation Center 33 for FM and TV stations H. Main Studio Waiver Requests 37 I. Commercial Stations Changing to Noncommercial Educational Status (AM and FM) 40 J. Additional Clarifications to 47 C.F.R. Sections 73.1620 and 73.1690 42 K. Continuation of Protection to AM Stations 47 L. Clarification to Channel 6 Television - FM Educational Rules in 47 C.F.R. Section 73.525 and 47 C.F.R. Section 73.599 51 M. Requirement that an FM Measured Directional Composite Pattern's RMS Be 85% Or More of an Authorized FM Directional Composite Pattern's RMS 53 N. Fees for Modification of License Applications
• http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da97-2568.html
  • powers (ERP) less than permitted for the station class. [2]Footnote 2. These stations may be eligible to increase their ERP on FCC Form 302-FM, without the filing and grant of a construction permit application on Form 301. Before increasing power, the station should verify that is in compliance with all of the requirements contained in the revised rule 47 CFR 73.1690(c) (see Paragraphs 7 through 10 and Appendix E of the Report and Order in Docket 96-58). Stations which increase ERP but are not in compliance with all of the requirements set forth in Section 73.1690 will be required to reduce the ERP to the authorized values on short notice. Changes in the ERP may be accomplished by replacing the transmission
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000814.doc
  • Industrial Radio Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 47 C.F.R. Part 11 (Emergency Alert System Rules) 47 C.F.R. § 11.35 (Equipment Operational Readiness) Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 (unlicensed operation of a station) Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000948.doc
  • FORFEITURE ORDER Adopted: April 26, 2000 Released: April 27, 2000 By the Chief, Enforcement Bureau: 1. This Forfeiture Order (``Order'') imposes a forfeiture against Bay Broadcasting Corporation (``Bay'') in the amount of nineteen thousand dollars ($19,000). We conclude that Bay willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended (the ``Act''), and Sections 73.1201, 73.1675, 73.1690 and 74.1251 of the Commission's rules. The violations include: operation without Commission authorization of studio-transmitter links (``STL'') for stations KHSN(AM), Coos Bay, and KACW(FM) and KBBR(AM), both in North Bend, all in Oregon; failure to broadcast required station identification announcements on Station KHSN(AM); use without Commission authorization of a long wire antenna for KHSN(AM); relocation without Commission authorization of the
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001190.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001190.txt
  • We also admonish Bay for continuing to use a long wire antenna without Commission authorization for radio station KHSN(AM), Coos Bay, Oregon, and for continuing to operate that station's transmitter at an unauthorized location, even after receiving a Notice of Violation (``NOV'') and a Notice of Apparent Liability (``NAL'') with respect to both matters, in violation of sections 73.1675 and 73.1690(b)(2) of the Commission's rules, 47 C.F.R. §§ 73.1675 and 73.1690(b)(2). BACKGROUND 2. Following receipt of a complaint from Robert King (``Mr. King''), a former employee of Bay, on April 13 and 14, 1999, the resident agent of the Commission's Portland Field Office conducted an inspection of KBBR, KHSN and three other stations then licensed to Bay. The inspection resulted in
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001523.doc
  • X3248002 Greenwood, South Carolina ) FORFEITURE ORDER Adopted: July 6, 2000 Released: July 7, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against Morradio, Inc., licensee of AM Station WLMA, Greenwood, South Carolina, for willful and repeated violation of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. The noted violations involve Morradio's changes in its antenna structure location without a construction permit and failure to install and maintain Emergency Alert System equipment. 2. On January 24, 2000, the District Director of the Atlanta Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000813.doc
  • Industrial Radio Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 47 C.F.R. Part 11 (Emergency Alert System Rules) 47 C.F.R. § 11.35 (Equipment Operational Readiness) Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 (unlicensed operation of a station) Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • allows the Commission to implement regulations regarding minor changes to licensed facilities whereby a modified license may be issued without prior issuance of a construction permit. The Commission has recently implemented "one-step" licensing procedures that can be used in specified circumstances. See Certain Minor Changes in Broadcast Facilities Without a Construction Permit, 12 FCC Rcd 12371 (1997); 47 C.F.R. § 73.1690. - 18 - 47. We have proposed substantial revisions to our applications forms and processing procedures. These would significantly streamline the amount of information that applicants must furnish to the Commission. We would rely more heavily on certifications by applicants that they comply with the applicable rules. By so doing, we do not intend at all to lower our expectation
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • Federal Communications Commission FCC 98-117 87 We propose to continue to treat AM applications to change from Class B to Class D as "minor" changes. 88 Commercial FM and AM stations presently are required to maintain 3.16 mV/m and 5 mV/m contours, respectively, over their communities of license. See 47 C.F.R. §§ 73.24(i), 73.315(a). 89 See 47 C.F.R. § § 73.1690(b)(2) and 73.3536. Applications for construction permits must be filed on FCC Form 301 for commercial stations, Form 340 for noncommercial educational stations and Form 349 for FM translator and booster stations. License applications are filed on FCC Form 302 or 350 as appropriate 90 In 1996, the Commission received comments in response to the Notice of Proposed Rulemaking in MM
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992453.doc
  • license of Nevada County Broadcasters, Inc., for Station KNCO, Channel 232A, Grass Valley, California, IS MODIFIED to specify operation on Channel 231A, subject to the following conditions: (a) Nothing contained herein shall be construed to authorize any change in the authorization for Station KNCO except for the channel as described above. Any other changes, except for those specified under Section 73.1690 of the Commission's Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Commission's Rules, PROVIDED the transmission facilities comply in all respects with the authorization for Station KNCO except for the channel as specified above and a license application
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001121.doc
  • in the Federal Register, as stated in paragraph 128 of the R&O. The R&O was published in the Federal Register on May 10, 2000; thus, the rules will be effective June 9, 2000. The Federal Register has been notified of this correction to the summary. 2. In addition, this Erratum also corrects or clarifies the amendments made to §§ 11.11, 73.1690, 73.2080, 73.3580, and the table of contents to Subpart J of Part 73 of the rules. With respect to § 11.11, ``The Emergency Alert System (EAS),'' there is a typographical error in the table ``Timetable Broadcast Stations'' as it was printed in the Federal Register. With respect to § 73.1690, ``Modification of transmission systems,'' a revised paragraph (c )(3) was
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001208.doc
  • amended, that the license for Station WEOW, Channel 223C1, Key West, Florida, IS MODIFIED to specify operation on Channel 224C1 in lieu of Channel 223C1, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in Station WEOW's license, except the channel, as specified above. Any other changes, except those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for a construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with the channel as specified above, and a license application (FCC Form 302) is filed within ten days
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001331.doc
  • to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. (a) Nothing contained herein shall be construed as authorizing any change in: (1) Station KRCY(FM)'s license, (BLH-19931108KB); (2) Station KJJJ's license (BLH-19940601KA); and (3) Station KDUQ's license (BLH-19950718KB), except the channel as specified above. Any other changes, except those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with licenses BLH-19931108KB; BLH-19940601KA and BLH-19950718KB, except for the channel as specified above and a license application (FCC Form
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002056.doc
  • permit of Four M.L. Broadcasting for Channel 281A at George West, Texas, (File No. BPH-19940207MA) IS MODIFIED (a) Nothing contained herein shall be construed to authorize any change in the outstanding construction permit for Channel 281A at George West, Texas (File No. BPH-19940207MA), except for the channel as described above. Any other changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301); (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects to the above-referenced authorization except for the channel as specified above and a license application (FCC Form 302) is
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
  • defined in § 73.6010. * * * * * (c)(1) Where an FM, TV or Class A TV licensee proposes to use a formerly licensed main facility as an auxiliary facility, or proposes to modify a presently authorized auxiliary facility, and no changes in the height of the antenna radiation center are required in excess of the limits in § 73.1690(c)(1), the FM, TV or Class A TV licensee may apply for the proposed auxiliary facility by filing a modification of license application. The modified auxiliary facility must operate on the same channel as the licensed main facility. An exhibit must be provided with this license application to demonstrate compliance with § 73.1675(a). All FM, TV and Class A TV licensees
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.txt
  • 13 21 90 117 141 117 141 175 190 201 10 8 10 53 70 91 64 77 97 99 116 11 8 11 53 70 91 64 81 108 127 140 None None 6 29 45 66 39 52 73 84 92 None None 2 5 8 11 8 11 18 21 26 * * * * * Section 73.1690 is amended by revising subsection (b)(2) and adding subsection (c)(11) as follows: (b) * * * * * (2) Any change in station geographic coordinates, including coordinate corrections of more than 3 seconds latitude and/or 3 seconds longitude. FM and TV directional stations must also file a construction permit application for any move of the antenna to another tower structure
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990405.html
  • Commission. Adopted: March 19, 1999. by Policy Statement. (FCC No. 99-53). CCB Internet URL: [23]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99053.wp ERRATA TO ORDER (DA 98-2633) RELEASED DECEMBER 28, 1998, ARMIS ANNUAL SUMMARY REPORT. Action by Chief, Accounting Safeguards Division. by Errata. CCB Internet URL: [24]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/er982633.wp MORRADIO INC., RADIO STATION WLMA(AM), GREENWOOD, SC. Affirmed $4,000 forfeiture issued to Morradio for willful violations of Sections 73.1350(a) and 73.1690 of the rules. Action by Director, Legal Services Group. Adopted: March 31, 1999. by Forfeiture Order. (DA No. 99-631). CIB LORAL ORION SERVICES, INC. Authorized Loral Orion to construct and operate an 11-meter, Ku-band earth station, and a 13-meter C-band satellite earth station at Kapolei, HI, and to conduct tracking, telemetry and command and gateway communications services to and from
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000707.html
  • former Section 90.113 of the Commission's Rules. By Forfeiture Order. Action by Chief, Enforcement Bureau. Adopted: July 6, 2000. (DA No. 00-1524). ENF Internet URL: [18]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001524.doc MORRADIO, INC. WLMA(AM), GREENWOOD, SOUTH CAROLINA. Issued a monetary forfeiture in the amount of $12,000 against Morradio, Inc., licensee of AM Station WLMA, Greenwood, South Carolina for willful and repeated violation of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. By Forfeiture Order. Action by Chief, Enforcement Bureau. Adopted: July 6, 2000. (DA No. 00-1523). ENF Internet URL: [19]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001523.doc GLO GEM PRODUCTIONS, INC. V. METRONET-TELECOM, INC. F/K/A, EXECUTONE-METRONET, INC. Denied Glo Gem's formal complaint against Metronet and terminated proceeding effective upon the Release Date of this Order. Action by Chief, Enforcement Bureau. Adopted: July
• http://www.fcc.gov/Forms/Form302-DTV/302dtv.pdf
  • or modified noncommercial educational or commercial digital television (DTV) broadcast station license. It may be used: · To cover an authorized construction permit (or auxiliary antenna), provided that the facilities have been constructed in compliance with the provisions and conditions specified on the construction permit. · To implement modifications to existing licenses as permitted by 47 C.F.R. Sections 73.1675(c) or 73.1690(c). The form may not be used: · To change location of the tower structure. Any such relocation requires the prior filing and approval of FCC Form 301 or 340, as appropriate. See 47 C.F.R. Section 73.1690(b)(2). · To alter licensed directional radiation characteristics or to exceed the composite antenna pattern authorized in an underlying construction permit. Any such alteration requires
• http://www.fcc.gov/Forms/Form302-FM/302fmjune02.pdf
  • used to apply for a new or modified FM broadcast station license. It may be used: mTo cover an authorized construction permit (or auxiliary antenna), provided that the facilities have been constructed in compliance with the provisions and conditions specified on the construction permit. mTo implement modifications to existing licenses permitted as of December 1, 1997 by 47 C.F.R. Section 73.1690(c). See the Report and Order in MM Docket No. 96-58, 12 FCC Rcd 12,371 (1997), a copy of which may be obtained through the Internet at http://www.fcc.gov/Bureaus/Mass_Media/Orders/19 97/fcc97290.txt. These include: mTo replace a nondirectional antenna with a different type of nondirectional antenna with the same number of bays, provided that the radiation center height of the new antenna is not
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237590A1.html
  • D.C. 20554 In the matter of ) ) Morradio, Inc. ) File Number: EB-00-AT-061 WLMA(AM) ) Greenwood, SC ) NAL/Acct. No.: X3248002 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 30, 2000 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Morradio, Inc. (``Morradio'') has apparently violated sections 73.1690(b), 73.3538(a)(4) and 11.35(a) of the Commission's Rules1 for failure to license changes in the antenna structure location and failure to install and maintain emergency alert system (``EAS'') equipment. We conclude that Morradio is apparently liable for forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND 2. Radio station WLMA(AM) is licensed to broadcast on 1350 kHz in Greenwood,
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238243A1.html
  • West Virginia ) NAL/Acct. No. 200132360003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 21, 2001 By the District Director, Detroit Office, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''), the licensee of WCMI(AM), licensed to Ashland, Kentucky, has apparently violated Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1) and 73.3526(e)(12) of the Commission's Rules (``Rules'')1. Respectively, these Rules require a copy of the most recent antenna impedance measurements be made available upon request by representatives of the FCC, WCMI(AM) be operated according to the terms of the station authorization, a construction permit be filed for modification of transmission system facilities, and, a copy of the current FCC
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-239163A1.html
  • at variance with the station authorization, in violation of Part 74 of the FCC's rules. In particular, the NOV detailed the variances in geographic coordinates, and the agents findings that the antenna for the 15 stations were mounted on the tower at a height approximately 100 feet higher than authorized. The NOV noted that Section 74.780, 73.3538(a)(1) and (4), and 73.1690(b)(2) require FCC grant of a construction permit prior to making any change in station geographic coordinates, including coordinate corrections, and any change in height of the antenna radiation center above ground. 6. On May 8, 2001, the Anchorage Resident Agent Office received a written response to the NOV from ACS Television, L.LC. ACS stated: In or around November 1998, the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-244906A1.html
  • 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Visionary Related Entertainment, licensee of FM Broadcast Station KAOI-FM. 2. On January 26, 2004, agents of the Commission's Honolulu Office inspected the KAOI-FM antenna installation, 2.4 kilometers southeast of the Makena Post Office, Maui, Hawaii, and observed the following violation: 47 C.F.R. 73.1690(c)(1): ``The following FM, TV and Class A station modifications may be made without prior authorization from the Commission. A modification of license application must be submitted to the Commission within 10 days of commencing program test operations pursuant to 73.1620.2 (1) Replacement of an omnidirectional antenna with one of the same or different number of antenna bays, provided that the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-256582A1.html
  • on January 26, 2004, Honolulu agents observed that the KAOI-FM's antenna height of radiation center above ground level (AGL) was approximately 14 meters, as opposed to the authorized 25 meters. Consequently, the Honolulu Resident Agent Office issued a Notice of Violation (``NOV'') to Visionary on February 26, 2004, for modifying the KAOI-FM transmission systems without authorization pursuant to 47 C.F.R. 73.1690(c)(1). Visionary responded to the NOV on April 19, 2004, stating that the authorized center of radiation of 25 meters, as shown on the Commission's data base, was a typo or transposition and that it would take action to correct the error. Visionary also states, in the July 2004 Application that a 1995 license grant to Visionary used parameters underlying an
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-267584A1.html
  • station WEVI in Frederiksted, United States Virgin Islands. 2. On July 27, 2006, an agent of the Commission's San Juan Office inspected radio station WEVI located at the 6A St Georges Hill transmitter site. Based on this observation and the admissions by Front Line in response to a letter of inquiry, we note the following violation(s): a. 47 C.F.R. S 73.1690 (b)(2): "The following changes may be made only after the grant of a construction permit on Form 340 for noncommercial educational stations: Any change in station geographic coordinates, including coordinate corrections of more than 3 seconds latitude and/or 3 seconds longitude." Station WEVI's license authorizes it to broadcast from 17 deg 43 min 15 sec, North, 064 deg 51 min
• http://www.fcc.gov/eb/Orders/2001/fcc01044.doc http://www.fcc.gov/eb/Orders/2001/fcc01044.html
  • antenna input power and may not be less than 90% nor more than 105% of the authorized power,'' and Section 73.1560(b) provides that the transmitter output power of an FM station ``must be maintained as near as practicable to the authorized transmitter output power and may not be less than 90% nor more than 105% of the authorized power.'' Section 73.1690(b)(2) provides that any change in station geographic coordinates may only be made after the grant of a construction permit application on FCC Form 301. Based on the information before us, it appears that Family operated both WSTX(AM) and WSTX-FM substantially at variance from the terms of their authorizations in violation of Sections 73.1350, 73.1560(a) and (b) and 73.1690(b)(2) of the
• http://www.fcc.gov/eb/Orders/2002/DA-02-1844A1.html
  • the Anchorage Office verified by direction finding techniques that the above referenced 15 LPTV stations were transmitting from ACS's ASR number 1204036. On April 19, 2001, the Anchorage Office issued a Notice of Violation (``NOV''), indicating that the 15 LPTV stations were constructed and operating at variance with the station authorization, in violation of Sections 74.780, 73.3538(a)(1) and (4), and 73.1690(b)(2) of the Rules. In particular, the NOV detailed the variances in geographic coordinates, and the agents' findings that the antennas for the 15 stations were mounted on the tower at a height of approximately 100 feet higher than authorized. On May 8, 2001, ACS submitted a response to the NOV in which it indicated that, ``in or around November 1998,''
• http://www.fcc.gov/eb/Orders/2002/DA-02-364A1.html
  • Consent Decree entered into between the Enforcement Bureau and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''). The Consent Decree terminates the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. Fifth Avenue, licensee of WCMI(AM), apparently violated Sections 73.1225(d)(1) (failure to maintain copy of the most recent antenna impedance measurement); 73.1350(a) (failure to operate according to the terms of the station authorization); 73.1690(b)(2) (failure to file a construction permit); 73.3526(e)(1) (failure to maintain copy of current authorization in public inspection file); and 73.3526(e)(12) (failure to maintain issues/programs lists in the public inspection file) of the Commission's Rules.1 2. The Consent Decree provides, that, among other things, Fifth Avenue will implement a Compliance Plan to ensure its future compliance with the Commission's Rules and
• http://www.fcc.gov/eb/Orders/2002/DA-02-364A2.html
  • document, download the Microsoft Word or Adobe Acrobat version. ***************************************************************** CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission (``Commission or FCC'') and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue'') hereby enter into this Consent Decree for the purpose of terminating a forfeiture proceeding arising from an investigation of Fifth Avenue, for alleged violations of Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1), and 73.3526(e)(12) of the Commission's Rules (``Rules'').1 BACKGROUND 2. On September 14, 2000, the Federal Communications Commission received a complaint that Fifth Avenue had ``...re- located its AM transmission site into another state without prior Commission authorization...''. The complainant requested ``...immediate Commission action to require the termination of the unauthorized and potentially dangerous operations of WCMI(AM).'' On September 25,
• http://www.fcc.gov/eb/Orders/2002/FCC-02-312A1.html
  • effective radiated power (``ERP'') of 100 kW using a Superior Broadcast 8-bay antenna model with 0.75 wavelength spacing, operating with a center of radiation equal to 18 meters AGL.8 The station authorization for KTMN also includes the following special operating conditions: (1) ``If the licensee makes any changes in facilities via modifications of license application in accordance with 47 C.F.R. 73.1690(c), the subsequent Form 302-FM, application for license, must include a revised RF field showing to demonstrate continued compliance with the FCC guidelines''; (2) ``Warning signs which describe the radiofrequency electromagnetic (RF) field hazard must be posted at appropriate intervals. These signs must be at least 8 meters distant from the base of the tower. Measures must be taken so that
• http://www.fcc.gov/eb/Orders/2003/DA-03-1435A1.html
  • Simes willfully violated Sections 11.35(a), 17.4(a) and 73.1350(a) of the Rules, but we reduce the forfeiture proposed for these violations from $15,000 to $3,000. 14. Finally, we note that a search of Commission's ASR database revealed that, as of the release date of this Order, Simes still had not registered its antenna structure with the Commission. In addition, under Section 73.1690(b)(2) of the Rules,16 a broadcast licensee must file an application for a construction permit on FCC Form 301 to make any change in station geographic coordinates, including coordinate corrections of more than 3 seconds latitude and/or 3 seconds longitude. To date, no such application has been filed to correct the coordinates for KAKJ. Moreover, it is unclear from the record
• http://www.fcc.gov/eb/Orders/2003/DA-03-3431A1.html
  • October 29, 2003 Released: October 30, 2003 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pacifica Broadcasting Company (``Pacifica''), licensee of noncommercial educational television Station KALO (TV) (formerly KAIE (TV)), Honolulu, Hawaii, apparently violated section 301 of the Communications Act of 1934, as amended (the ``Act'')1 and section 73.1690 of the Commission's rules2 by willfully and repeatedly broadcasting from an unauthorized transmitter site. Based upon our review of the facts and circumstances of this case, we conclude that Pacifica is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000.00). II. Background 2. On March 8, 2001, Pacifica filed an application with the Commission for
• http://www.fcc.gov/eb/Orders/2003/FCC-03-332A1.html
  • KTMN was authorized to operate on frequency 97.9 MHz with an effective radiated power (``ERP'') of 100 kW operating with a center of radiation equal to 18 meters AGL.5 The station license for KTMN also included the following special operating conditions: (1) ``If the licensee makes any changes in facilities via modifications of license application in accordance with 47 C.F.R. 73.1690(c), the subsequent Form 302-FM, application for license, must include a revised RF field showing to demonstrate continued compliance with the FCC guidelines''; (2) ``Warning signs which describe the radiofrequency electromagnetic (``RF'') field hazard must be posted at appropriate intervals. These signs must be at least 8 meters distant from the base of the tower. Measures must be taken so that
• http://www.fcc.gov/eb/Orders/2004/DA-04-1290A1.html
  • the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Pacifica Broadcasting Company (``Pacifica''), licensee of noncommercial educational television Station KALO (TV) (formerly KAIE (TV)), Honolulu, Hawaii, for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Section 73.1690 of the Commission's Rules (``Rules'').1 The noted violation involves Pacifica's broadcasting from an unauthorized transmitter site. 2. On October 30, 2003, the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Pacifica.2 Pacifica has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3.
• http://www.fcc.gov/eb/Orders/2005/DA-05-2264A1.html
  • no violation of Sections 17.4(a)(2) and 17.50 of the Rules has occurred, we have found no information in the Commission records to indicate that WKLC, Inc. ever sought authorization to construct a replacement tower at a new height. Replacing an authorized tower with a tower of different height at the same location requires prior approval by the Commission. See Section 73.1690(b)(1) of the Rules.4 7. Accordingly, we require, pursuant to Section 308(b) of the Communications Act of 1934, as amended, that WKLC submit a report to the Enforcement Bureau within 30 days of the release of this Order demonstrating that it has filed an FCC Form 301 application for construction permit specifying the correct height of the tower and an FCC
• http://www.fcc.gov/eb/Orders/2005/DA-05-3025A1.html
  • not have intended to operate this unauthorized antenna permanently is irrelevant in determining whether a violation occurred. We note that the station engineer made no mention of any such tests during the inspection on April 21, 2005 and that there is no record that the station notified the San Juan Office of its intention to conduct tests. 8. Moreover, Section 73.1690(b)(3) of the Rules states that modifications to transmission systems that would require an increase along any azimuth in the composite directional antenna pattern of an FM station from the composite directional antenna pattern authorized may only be made after the grant of a construction permit application.8 No modification application has been filed with the Commission. Thus, based on the evidence
• http://www.fcc.gov/eb/Orders/2005/FCC-05D-01A1.html
  • ensure the installation and maintenance of operational EAS equipment for Stations WSTX(AM) and WSTX-FM as required by Section 11.35; i. To determine whether Family Broadcasting, Inc. under the direction of transferee Barbara James-Petersen will operate WSTX(AM) and WSTX-FM in accordance with the Rules, the Communications Act, and the terms of their authorizations as required by Sections 73.1350(a), 73.1560(a), 73.1560(b), and 73.1690(b); and j. To determine, in light of the evidence adduced pursuant to the foregoing issues, whether approval of the transfer of control application will serve the public interest. 17 FCC Rcd at 6191-92. The burdens of proceeding and proof as to each issue were assigned to Family. Id. Minority Distress Applications 8. On February 24, 2003, Family filed a Petition
• http://www.fcc.gov/eb/Orders/2006/FCC-06-124A1.html
  • Economic Development Corporation, to William D. Freedman, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, dated May 27, 2004. See Application for FM Broadcast Station License (FCC 302-FM), File No. BLH-20030122AEG. Initially, Hammond responded "No" to Question 7, Section III-Engineering, which asks whether the facility was constructed as authorized in the underlying construction permit, or complies with 47 C.F.R. S 73.1690, concerning procedures and restrictions that apply to licensee modifications of authorized broadcast system facilities. Id. In his January 28, 2003, amendment, Hammond changed the answer to Question 7 to "Yes," specifically stating that he had inadvertently marked the "No" response initially, and that the correct answer was "Yes." Moreover, Hammond, in both the original application and subsequent amendment, answered "Yes"
• http://www.fcc.gov/eb/Orders/2007/DA-07-548A1.html
  • January 26, 2004, Honolulu agents observed that the KAOI-FM's antenna height of radiation center above ground level (AGL) was approximately 14 meters, as opposed to the authorized 25 meters. Consequently, the Honolulu Resident Agent Office issued a Notice of Violation ("NOV") to Visionary on February 26, 2004, for modifying the KAOI-FM transmission systems without authorization pursuant to 47 C.F.R. S 73.1690(c)(1). Visionary responded to the NOV on April 19, 2004, stating that the authorized center of radiation of 25 meters, as shown on the Commission's data base, was a typo or transposition and that it would take action to correct the error. Visionary also states, in the July 2004 Application that a 1995 license grant to Visionary used parameters underlying an
• http://www.fcc.gov/eb/Orders/2011/DA-11-1755A1.html
  • I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"), we find that R.J.'s Late Night Entertainment Corporation ("R.J."), licensee of Non-Commercial Educational ("NCE") Class D Station WHPR-FM, in Highland Park, Michigan (the "Station"), apparently willfully and repeatedly violated: (1) section 11.35(a) of the Commission's Rules ("Rules") by failing to maintain operational EAS equipment; (2) section 73.1690(b)(2) of the Rules for moving the Station's transmitter without Commission authorization; and (3) section 73.3527(b)(1) of the Rules by failing to maintain and make available a local public inspection file. We conclude that R.J. is apparently liable for a forfeiture in the amount of twenty-two thousand dollars ($22,000). We further direct R.J. to submit a written statement signed under penalty
• http://www.fcc.gov/eb/Orders/2012/DA-12-685A1.html
  • May 2, 2012 Released: May 2, 2012 By the Regional Director, Northeast Region, Enforcement Bureau: 1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of twenty-two thousand dollars ($22,000) to R.J.'s Late Night Entertainment Corporation (R.J.), licensee of Non-Commercial Educational Class D Station WHPR-FM, Highland Park, Michigan (Station), for willfully and repeatedly violating Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. The noted violations involved R.J.'s failure to maintain operational EAS equipment, relocation of the Station's transmitter without authorization, and failure to maintain and make available the Station's local public inspection file. 2. On October 24, 2011, the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of
• http://www.fcc.gov/eb/Orders/da001523.doc http://www.fcc.gov/eb/Orders/da001523.html http://www.fcc.gov/eb/Orders/da001523.txt
  • X3248002 Greenwood, South Carolina ) FORFEITURE ORDER Adopted: July 6, 2000 Released: July 7, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against Morradio, Inc., licensee of AM Station WLMA, Greenwood, South Carolina, for willful and repeated violation of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. The noted violations involve Morradio's changes in its antenna structure location without a construction permit and failure to install and maintain Emergency Alert System equipment. 2. On January 24, 2000, the District Director of the Atlanta Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars
• http://www.fcc.gov/eb/Orders/da00948.doc http://www.fcc.gov/eb/Orders/da00948.html http://www.fcc.gov/eb/Orders/da00948.txt
  • FORFEITURE ORDER Adopted: April 26, 2000 Released: April 27, 2000 By the Chief, Enforcement Bureau: 1. This Forfeiture Order (``Order'') imposes a forfeiture against Bay Broadcasting Corporation (``Bay'') in the amount of nineteen thousand dollars ($19,000). We conclude that Bay willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended (the ``Act''), and Sections 73.1201, 73.1675, 73.1690 and 74.1251 of the Commission's rules. The violations include: operation without Commission authorization of studio-transmitter links (``STL'') for stations KHSN(AM), Coos Bay, and KACW(FM) and KBBR(AM), both in North Bend, all in Oregon; failure to broadcast required station identification announcements on Station KHSN(AM); use without Commission authorization of a long wire antenna for KHSN(AM); relocation without Commission authorization of the
• http://www.fcc.gov/eb/Public_Notices/DA-02-402A1.html
  • KHYT(FM), Tucson, AZ. San Diego, CA District Office (1/10/02). * Family Life Broadcasting System, Inc., KFLT(AM), Tucson, AZ. San Diego, CA District Office (1/10/02). * Royal Broadcasting of Arizona, LLC, KTZR(AM), Tucson, AZ. San Diego, CA District Office (1/10/02). * Mendocino Unified School District, KAKX, Mendocino, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (1/30/02). * Jean J. Suh d/b/a Radio Hancock, Federal Way, WA (KSUH, Puyallup & KWYZ, Everett). Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.50 (Cleaning and Repainting), 73.1590 (Equipment Performance Measurements),
• http://www.fcc.gov/eb/Public_Notices/da002635.doc http://www.fcc.gov/eb/Public_Notices/da002635.html
  • System Requirements). San Juan, PR Resident Agent Office 47 C.F.R. § 11.35 - Equipment Operations Readiness Cox Communications, Omaha, NE. Kansas City, MO District Office (10/02/00). Brown Radio Group, Inc (WBBA-FM), Pittsfield, IL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1690 (Modification of Transmission Systems), 73.1870 (Chief Operators), 73.3536 (Application for License to Cover Construction Permit) and 73.3541 (Application for Involuntary Assignment of License or Transfer of Control). Chicago, IL District Office (10/3/00). FM Radio Station KWIZ, LBI Radio License Corp., Hollywood, CA. Other violation: 47 C.F.R. § 11.61. Los Angeles, CA District Office (10/11/00). AM Radio Station KVRN, LBI Radio
• http://www.fcc.gov/eb/Public_Notices/da002855.doc http://www.fcc.gov/eb/Public_Notices/da002855.html
  • Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). New Orleans, LA District Office (11/9/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 - Unauthorized Operation Fifth Avenue Broadcasting Co., Inc., Huntington, WV. Other violations: 47 C.F.R. §§ 11.15 (EAS Operating Handbook), 73.49 (AM Transmission System Fencing Requirements), 73.1225 (Station Inspection By FCC), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (11/20/00). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. § 1.903 - Authorization Required Whitemarsh Community Ambulance, Lafayette Hill, PA. Philadelphia, PA District Office (11/20/00). 47 C.F.R. Part
• http://www.fcc.gov/eb/Public_Notices/da00813.doc http://www.fcc.gov/eb/Public_Notices/da00813.html
  • Industrial Radio Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 47 C.F.R. Part 11 (Emergency Alert System Rules) 47 C.F.R. § 11.35 (Equipment Operational Readiness) Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 (unlicensed operation of a station) Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA
• http://www.fcc.gov/eb/Public_Notices/da01102.doc http://www.fcc.gov/eb/Public_Notices/da01102.html
  • Office (12/19/00). Alltel Communications Inc., Little Rock, AR. Norfolk, VA Resident Agent Office (12/22/00). United States Cellular Corporation, Washington, DC. Norfolk, VA Resident Agent Office (12/27/00). United States Cellular Corporation, Washington, DC. Norfolk, VA Resident Agent Office (12/27/00). United States Cellular Corporation, Washington, DC. Norfolk, VA Resident Office (12/27/00). 47 C.F.R. Part 73 - Broadcast Radio Services 47 C.F.R. § 73.1690 - Modification of Transmission Systems Rama Communications, Inc., Orlando, FL.. Tampa, FL District Office (12/18/00) 47 C.F.R. § 73.3527 - Local Public Inspection File of Noncommercial Educational Stations Pickle Hill Public B/Casting, Inc. Anchorage, AK Resident Agent Office (12/5/00). 47 C.F.R. Part 74 - Experimental Radio, Auxiliary, Special Broadcast and Other Program Distributional Services 47 C.F.R. § 74.532 - Licensing
• http://www.fcc.gov/eb/Public_Notices/da011756.doc http://www.fcc.gov/eb/Public_Notices/da011756.html
  • violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 73.51 (Determining Operating Power), 73.1230 (Posting of Station License), and 73.1400 (Transmission System Monitoring). Atlanta, GA District Office (6/18/01). Wilson Broadcasting Co., Inc., WAGF(AM), Dothan, AL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring), 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation) and 73.1820 (Station Log). Atlanta, GA District Office (6/18/01). Christian Broadcasting Group, Ceiba, PR. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Juan, PR Resident
• http://www.fcc.gov/eb/Public_Notices/da012540.html http://www.fcc.gov/eb/Public_Notices/da012540.pdf
  • NOTICES OF APPARENT LIABILITY Communications Act * 47 U.S.C. 301 Unauthorized Operation * David Edwin Merrell, Wichita Falls, TX. $10,000 NAL. Dallas, TX District Office (9/10/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.1225 Station Inspections By FCC * Fifth Avenue Broadcasting Co., Inc., WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 90.233 (Base/Mobile Non Voice Operations), and 90.403 (General Operating Requirements).
• http://www.fcc.gov/eb/Public_Notices/da012948.html http://www.fcc.gov/eb/Public_Notices/da012948.pdf
  • IL. Chicago, IL District Office (11/6/01). * Wireless Co., L.P., Rosemont, IL. Chicago, IL District Office (11/6/01). * Trinity Christian Center of Santa Ana DBA Trinity Broadcasting Network, Gower, MO. Kansas City, MO District Office (11/9/01). * AT&T Wireless Services, Inc., Tyler, TX. Dallas, TX District Office (11/13/01). * Apple Broadcasting Company, Inc., WGDN(AM), Gladwin, MI. Other violations: 47 C.F.R. 73.1690 (Modification of Transmission Systems) and 73.1745 (Unauthorized Operation). Detroit, MI District Office (11/14/01). * Howard County Government, Howard County, MD. Columbia, MD District Office (11/16/01). * Spectrum Resources Towers, Carson City, NV(ASR 1204302). San Francisco, CA District Office (11/21/01). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Leonard Stevens, Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office
• http://www.fcc.gov/fcc-bin/audio/DA-01-700A1.doc http://www.fcc.gov/fcc-bin/audio/DA-01-700A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-01-700A1.txt
  • of Z-Spanish Media Licensing Company, LLC, for Station WRZA(FM) in Kankakee, Illinois, IS MODIFIED to specify operation on Channel 260B at Park Forest, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in Station WRZA(FM)'s license, BLH-19900117KA, except the channel as specified above. Any other changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). The license or construction permit application filed to implement this rule making must specify its currently authorized site at coordinates 41-18-04 North Latitude and 87-49-35 West Longitude. (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules,
• http://www.fcc.gov/fcc-bin/audio/DA-06-290A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-290A1.pdf
  • (``Metro''). See 45 U.S.C. §§ 312(a)(2), 319(c), and 503(b)(1)(A) (forfeiture appropriate for willful or repeated failure to comply substantially with the terms and conditions of any permit or other authorization issued by the Commission). See BPH-19921022MG. See September 6, 2005, Declaration of Humberto Lopez, attached to September 14, 2005, letter from Lauren A. Colby to Peter Doyle. Pursuant to Section 73.1690 of the Commission's Rules, a decrease in operating power, which also results in a change in the authorized station class, may be made only upon grant of specific authority. See 47 C.F.R. § 73.1690(c)(8)(iii). As noted above, Lopez has broadcast from May 30, 1999 until the present at an unauthorized antenna height and power, despite the absence of special temporary
• http://www.fcc.gov/fcc-bin/audio/DA-07-4233A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4233A1.pdf
  • other licensees, but the mere question as to whether it may be required to undertake remedial measures does not bar grant of the construction permit application. Moreover, Lower Cape has amply documented that it has the tower owner's consent to mount its antenna on that tower structure. The Commission's own rules provide some flexibility in mounting antennas on towers. Section 73.1690(c)(1) permits a permittee to mount an FM antenna up to two meters above or four meters below the authorized value for the height of antenna radiation center, without requiring prior approval from the FCC. UMASS has not shown that Lower Cape's antenna mounting could not fall in this range. Importantly, requests involving greater changes in antenna height are routinely processed
• http://www.fcc.gov/fcc-bin/audio/DA-09-1372A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1372A1.pdf
  • exceed the antenna heights and power levels specified in the authorizations, and therefore would not have caused interference to other stations. See Response at 5, 6, 7, 8, 9 and 10. We reject this argument. Except to the extent specifically provided in our Rules, we do not allow permittees to self-approve modifications to their construction permits. See 47 C.F.R. § 73.1690. Commission review and prior approval of engineering changes are necessary prior to construction. The Commission operates a national database of authorizations that allows all parties to know where and when broadcast spectrum is available. In an era of intense demand for broadcast spectrum, parties such as GLBC and GLBA cause substantial harm when they hoard spectrum by holding authorizations for
• http://www.fcc.gov/fcc-bin/audio/DA-09-2202A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2202A1.pdf
  • this Notice of Apparent Liability for Forfeiture ("NAL"), we find John L. White (``Licensee''), licensee of Station KOLJ(AM), Quanah, Texas (``Station''), apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for his apparent willful and repeated violations of Section 301 of the Act and Sections 73.1350 and 73.1745 of the Rules, and his apparent willful violation 73.1690 of the Rules. The apparent violations involve Licensee's unauthorized operation of the Station at a variance from his license without first filing for and obtaining Commission approval for the modification of the Station's facilities. BACKGROUND On June 5, 2008, the Station went silent due to severe storms that caused damage to the Station equipment, particularly its tower, which collapsed. On
• http://www.fcc.gov/fcc-bin/audio/DA-12-167A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-167A1.pdf
  • signs, and that the antenna was mounted at a very low height, which could present additional radiation hazards. 4. Agents from the Commission's Honolulu Office inspected the KAOI-FM site on January 26, 2004, and found that the antenna height of radiation center above ground level was eleven meters shorter than its authorized height of 25 meters, in violation of Section 73.1690(c)(1) of the Rules. The Honolulu Office issued a Notice of Violation to Visionary on February 26, 2004, affording it 20 days to respond. The Notice of Violation did not address Vockrodt-Moran's concerns regarding fencing or signage. On April 19, 2004, Visionary responded, explaining that the improper height of the antenna may have been caused by clerical errors and stating that
• http://www.fcc.gov/fcc-bin/audio/FCC-04-227A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-227A1.pdf
  • File No. BL-990819DD at 2. Id. Letter to Peter Gutmann, Esq., Ref. 1800B3-JBS (MMB Nov. 22, 1999). Letter to Peter Gutmann, Esq., Ref. 1800B3-CNM (MMB Dec. 21, 2000). The staff specifically denied as a bare, unsupported assertion, KRI's claim that the Whip Antenna System was an ``identical'' ``replacement'' tower permitted under Commission rules. Id. at 2 (distinguishing 47 C.F.R. § 73.1690(b)(1) which provides that a permit is required to construct new towers, except for replacement of an existing tower with one of identical height and coordinates). For example, the proposed Laughlin facility failed to provide any nighttime coverage to Winchester, the station's community of license. Letter to Peter Gutmann, Esq., Ref. 1800B3-JBS (MMB Nov. 8, 2000). Far West Inc. v. Clark
• http://www.fcc.gov/fcc-bin/audio/FCC-04-69A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-69A1.pdf
  • accompanied by speculation that lacks factual support). See also Hispanic Broadcast System, Inc., 16 FCC Rcd 8072, 8074 (2001) (declining to infer an intent to deceive based on applicant's alleged motive to obtain favorable action on pending applications). Action regarding KM's construction at the wrong site is discussed infra, note 36. See 47 C.F.R. § 73.3598(e). See 47 C.F.R. § 73.1690(b)(2). CMA's own initial survey was also wrong, which may suggest that the site presents survey difficulties. See 47 C.F.R. § 1.3; Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (``[W]aiver is appropriate . . . if special circumstances warrant a deviation from the general rule and such deviation will serve the public interest.''); WAIT Radio
• http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • site specified in the application, without resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in §§ 73.213 through 73.215, or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with §§ 73.207 and 73.315 without resort to §§ 73.213 through 73.215. 5. Section 73.1690 is amended by revising paragraph (b) and adding sub-paragraph (9) to read as follows: § 73.1690 Modification of transmission systems. ***** (b) ***** (9) Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's present assignment. 6. Section 73.3571 is amended by revising paragraph
• http://www.fcc.gov/fcc-bin/audio/FCC-08-43A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-43A1.pdf
  • presented may be granted only if circumstances have changed since the last opportunity to present such matters, the facts were unknown at that time and could not have been learned through ordinary diligence, or consideration of the facts is required in the public interest. KRI's Petition raises two issues. First, KRI reasserts that it constructed facilities that complied with Section 73.1690(b)(1) of the Commission's Rules (the ``Rules''), which allows permittees to replace an authorized tower ``with a new tower of identical height and geographic coordinates.'' KRI repeats its argument, rejected by the Bureau, and then by the Commission on review, that the fiberglass antenna system need not have been at the same physical height as the facilities authorized because it was
• http://www.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • Section 73.1675(c)(1) varchar(1) rule_73_1675c_ind this application being filed pursuant to 47 CFR § 73.1675(c)(1 ) to request varchar(1) authorization to use a formerly licensed main facility as an auxiliary antenna and/or change the ERP of the proposed auxiliary antenna? rule_73_1690c_ind Constructed Facility. The facility was constructed as authorized in the underlying varchar(1) construction permit and complies with 47 CFR § 73.1690(c). 1/20/2012 Page 25 of 42 rule_73_1690c8i_ind Community coverage requirements of 47 C.F.R. Section 73.1680(c)(8) met varchar(1) indicator rule_73_1690c9_ind Change the license status. Is this application being filed pursuant to § 73.1690(c)(9) varchar(1) to change the license status from commercial to noncommercial or from noncommercial to commercial? rule_73_1692_ind the application being file pursuant to 73.1692 to demonstrate that construction near varchar(1)
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.pdf
  • Facilities (AM, FM, and Television) 25 F. Changes to the Vertically Polarized ERP for FM and Television Stations 27 G. Changes in Height of Antenna Radiation Center 33 for FM and TV stations H. Main Studio Waiver Requests 37 I. Commercial Stations Changing to Noncommercial Educational Status (AM and FM) 40 J. Additional Clarifications to 47 C.F.R. Sections 73.1620 and 73.1690 42 K. Continuation of Protection to AM Stations 47 L. Clarification to Channel 6 Television - FM Educational Rules in 47 C.F.R. Section 73.525 and 47 C.F.R. Section 73.599 51 M. Requirement that an FM Measured Directional Composite Pattern's RMS Be 85% Or More of an Authorized FM Directional Composite Pattern's RMS 53 N. Fees for Modification of License Applications
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
  • allows the Commission to implement regulations regarding minor changes to licensed facilities whereby a modified license may be issued without prior issuance of a construction permit. The Commission has recently implemented "one-step" licensing procedures that can be used in specified circumstances. See Certain Minor Changes in Broadcast Facilities Without a Construction Permit, 12 FCC Rcd 12371 (1997); 47 C.F.R. ( 73.1690. 47 C.F.R. ( 73.3598(a)-(b). Although the construction period for ITFS is set forth in Section 73.3598, ITFS is a point-to-point microwave (non-broadcast) service and is therefore outside the scope of the proposals contained in this Mass Media streamlining initiative. See 47 U.S.C. ( 319(b). Our rule implementing ( 319(b) provides that a construction permit "shall be declared forfeited if the
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • measurements. [517]TEXT [518]PDF 73.1610 Equipment tests. [519]TEXT [520]PDF 73.1615 Operation during modification of facilities. [521]TEXT [522]PDF 73.1620 Program tests. [523]TEXT [524]PDF 73.1635 Special temporary authorizations (STA). [525]TEXT [526]PDF 73.1650 International agreements. [527]TEXT [528]PDF 73.1660 Acceptability of broadcast transmitters. [529]TEXT [530]PDF 73.1665 Main transmitters. [531]TEXT [532]PDF 73.1670 Auxiliary transmitters. [533]TEXT [534]PDF 73.1675 Auxiliary antennas. [535]TEXT [536]PDF 73.1680 Emergency antennas. [537]TEXT [538]PDF 73.1690 Modification of transmission systems. [539]TEXT [540]PDF 73.1692 Broadcast station construction near or installation on an AM broadcast tower. [541]TEXT [542]PDF 73.1695 Changes in transmission standards. [543]TEXT [544]PDF 73.1700 Broadcast day. [545]TEXT [546]PDF 73.1705 Time of operation. [547]TEXT [548]PDF 73.1710 Unlimited time. [549]TEXT [550]PDF 73.1715 Share time. [551]TEXT [552]PDF 73.1720 Daytime. [553]TEXT [554]PDF 73.1725 Limited time. [555]TEXT [556]PDF 73.1730 Specified hours.
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • measurements. [470]TEXT [471]PDF 73.1610 Equipment tests. [472]TEXT [473]PDF 73.1615 Operation during modification of facilities. [474]TEXT [475]PDF 73.1620 Program tests. [476]TEXT [477]PDF 73.1635 Special temporary authorizations (STA). [478]TEXT [479]PDF 73.1650 International agreements. [480]TEXT [481]PDF 73.1660 Acceptability of broadcast transmitters. [482]TEXT [483]PDF 73.1665 Main transmitters. [484]TEXT [485]PDF 73.1670 Auxiliary transmitters. [486]TEXT [487]PDF 73.1675 Auxiliary antennas. [488]TEXT [489]PDF 73.1680 Emergency antennas. [490]TEXT [491]PDF 73.1690 Modification of transmission systems. [492]TEXT [493]PDF 73.1692 Broadcast station construction near or installation on an AM broadcast tower. [494]TEXT [495]PDF 73.1695 Changes in transmission standards. [496]TEXT [497]PDF 73.1700 Broadcast day. [498]TEXT [499]PDF 73.1705 Time of operation. [500]TEXT [501]PDF 73.1710 Unlimited time. [502]TEXT [503]PDF 73.1715 Share time. [504]TEXT [505]PDF 73.1720 Daytime. [506]TEXT [507]PDF 73.1725 Limited time. [508]TEXT [509]PDF 73.1730 Specified hours.