FCC Web Documents citing 73.1740

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-95-412A1.pdf
  • filed as prescribed in the particular rules. See §73.62, Directional antenna system tolerances; §73.157, Antenna testing during daytime; §73.158, Directional antenna monitoring points; §73.691, Visual modulation monitoring; §73.1250, Broadcasting emergency information; §73.1350, Transmission system op eration; §73.1560, Operating power and mode tolerances; §73.1570, Modulation levels: AM, FM, and TV aural; §73.1615, Operation during modification of facilities; §73.1680, Emergency antennas; and §73.1740, Minimum operating schedule. 17. Section 73.1820 is amended by revising paragraphs (a) introductory text (a)(2)(iii), by removing paragraphs (b)(4), (b)(5) and (b)(6), redesignating paragraphs (b)(7) and (b)(8) as paragraphs (b)(4) and (b)(5), respectively and revising newly designated paragraph (b)(4) to read as fol lows: §73.1820 Station log. (a) Entries must be made in the station log either man ually by
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  • not represent a loss of existing service. With respect to Station WPDT, they argue that the station has not broadcast a regular signal since 1997, but that it has been on the air for short periods strictly to avoid a loss of the broadcast license in accordance with Section 312(g) of the Communications Act of 1934, as amended and Section 73.1740(c) of the Commission's Rules. In support of their proposal for Litchfield Beach, petitioners state that Litchfield Beach has many indicia of a community. Although it is neither incorporated nor a Census Designated Place, based on a local county analysis, it has an estimated population of 3,840 persons, and it has a defined center and substantial commercial core. Petitioners note that
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  • ID for WAOM(TV). In response, B&C concedes that violations occurred over some unspecified period of time, but argues that it was aware of the problem, and had been taking steps to correct the violation, prior to Barker's monitoring of the station. Station Hours of Operation. According to B&C, WAOM(TV) began operating with program test authority on June 5, 1998. Section 73.1740 of the Commission's rules requires that during the first 36 months of operation, television stations must air not less than two hours daily in any 5 broadcast days per calendar week, and not less than 12 hours per week during the first 18 months, and 16 hours per week during the 19th through 24th month. According to Barker, he observed
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  • Section 11.35(a) and cites to a letter of admonishment issued by the Mass Media Bureau to Ms. Linda Reed, President of KHYM, Inc., dated April 22, 1998 ("KHYM, Inc."), as precedent. This argument lacks merit. The case Radio One cites involved violations of different rules. In the KHYM, Inc. case, the Mass Media Bureau admonished the licensee for violating Section 73.1740(a)(4) of the Rules by not adhering to a minimum operating schedule and failing to notify the Commission within 10 days of the limited or discontinued operation; and violation of Section 73.1560(d) of the Rules by operating at reduced power for more than 10 days without notifying the Commission of that fact. This case, by contrast, involves failure to install EAS
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  • that it complies with Section 74.703 of the Commission's rules and that it is within twenty miles of the cable system's principal headend and delivers a good quality signal to that headend. W53AF asserts further that it is a 24-hour per day low power television station and meets the minimum operating requirements for full power stations set forth in Section 73.1740 of the Commission's rules and that pursuant to Section 73.1740 of the Commission's rules. Finally, W53AF maintains that it provides non-entertainment programming that serves the local needs of community, which are not met by any full power television station. W53AF asks that the Commission order Comcast to commence carriage of the Station on Comcast's cable system serving the Corinth and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2948A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2948A1.txt
  • CA (ASR 1018154). San Francisco, CA District Office (11/21/01). Americom Las Vegas Limited Partnership, Carson City, NV (ASR 1011093). San Francisco, CA District Office (11/26/01). 47 C.F.R. Part 73 ­ Radio Broadcast Services · 47 C.F.R. § 73.57 ­ Remote Reading Antenna and Common Point Ammeters Lancom, Inc., Scranton , PA. Philadelphia, PA District Office (11/13/01). · 47 C.F.R. § 73.1740 ­ Minimum Operating Schedule Eagle Bluff Enterprises, Poplar Bluff, MO. Kansas City, MO District Office (11/28/01). · 47 C.F.R. § 73.1820 ­ Station Log 6 Cactus Communications, LLC, KKAY, White Castle, LA. Other violation: 47 C.F.R. § 73.1870 (Chief Operator). New Orleans, LA District Office 11/15/01). San Joaquin Radio Company, LLC, KAJZ, Merced, CA. San Francisco, CA District Office (11/15/01).
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  • and CMU certified construction, of Stations WNC272 and WNC273, respectively, on June 5, 1996. MPBA certified construction of Station WNC271 on June 11, 1996. However, the Parties subsequently learned that the authorized facilities had inadvertently been constructed at an unauthorized location. Accordingly, the stations were taken off the air on June 23, 1997. On July 23, 1997, pursuant to Section 73.1740(a)(4) of the Commission's Rules, the Parties sought approval to remain off the air for a period longer than thirty days. The Parties stated that the owner of the authorized tower was willing to accommodate the Parties, but that actions must be taken to alleviate the load on the tower. The Parties further stated that they had retained structural engineers to
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  • at issue here substantially exceeded those parameters. In the Matter of the Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 503(b), 47 C.F.R. § 1.80. 47 U.S.C. § 301, 47 C.F.R. § 73.1740. 47 C.F.R. § 1.80. 47 C.F.R. § 1.1914. Federal Communications Commission DA 03-3431 h - . 0 1 7 P R { Š ‹ Œ ` ' -' ¡ ¢ £ ¹ Æ á ø ý kd kdp 0 ' C C K K *Y & ­
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  • service announcements. Id. at 3, Exhibit A. Id. at 3. Opposition at 2. Id. at 7, citing Acadiana Cable Advertising, Inc., 18 FCC Rcd 6506 at para. 4 (2003). Id. at 4. Id. at 6. 47 U.S.C. § 534(d)(1). Opposition at 4, citing 47 U.S.C. § 534(d)(1). Id. at 5. Id. at 9. Id. at 11, citing 47 C.F.R. § 73.1740(2)(iii); cf. Lankenau Small Media Network, Inc., 13 FCC Rcd 4497, in which the former Cable Services Bureau held that continuously moving text weather and news announcements accompanied by aural transmissions that were related to the visual broadcasts constitutes programming under Section 73.1740(2)(iii) of the rules. Cox argues that ``Bulletin Board'' fails the Lankenau test. Id. at 12-14. Reply at 3.
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  • Corporation IS DENIED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau Section 312(g) of the Act states that a broadcast license for any station failing to transmit broadcast signals for any consecutive twelve-month period expires at the end of that period, not withstanding any provision, term, or condition of the license to the contrary. See also 47 C.F.R. § 73.1740(c). Letter to Paul Brown, Esq., 18 FCC Rcd 35 (Aud. Ser. Div., 2003). Declaration of Mark Swalley, attached to Petition for Reconsideration. See 47 C.F.R. § 1.106(c). This rule is fundamental to the Commission's processes, encouraging applicants and others to provide complete information at an early stage, thereby minimizing the need for reconsideration proceedings and enabling the Commission's processes to
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  • the inspection with respect to engineering matters) that each station is in compliance with all Rules and all terms and conditions of its Licenses. The Checklists will be used as a guide for conducting each inspection and making each certification. In the event that one or both of the RII Stations has temporarily discontinued operation pursuant to 47 C.F.R. § 73.1740(a)(4), the inspection and certification will be delayed until operation is resumed on both stations, provided that any delay beyond sixty (60) days will be deemed a failure to certify. The failure by or inability of RII to so certify in any instance will result in enforcement action by the Bureau against RII, at the Bureau's discretion. 11. All certifications referenced
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  • nighttime hours may be rescinded upon licensee's failure to resolve all interference complaints. This waiver is effective until October 1, 2005. ) Limited and Discontinued Operations: The Media Bureau encourages any station which has discontinued operations as a result of Hurricane Katrina to submit a notification and, if necessary, request authority to remain silent within the periods specified in Section 73.1740(a)(4) of the Commission's rules. The Media Bureau waives this rule to accept notifications within 30 days and requests to remain silent within 60 days of the discontinuance of operations. Notifications and requests may be submitted by informal letter, email, or by filing electronically through CDBS. This waiver is effective until December 1, 2005. ) ) ) Tolling of Broadcast Station
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  • nighttime hours may be rescinded upon licensee's failure to resolve all interference complaints. This waiver is effective until November 1, 2005. ) Limited and Discontinued Operations: The Media Bureau encourages any station which has discontinued operations as a result of Hurricane Rita to submit a notification and, if necessary, request authority to remain silent within the periods specified in Section 73.1740(a)(4) of the Commission's rules. The Media Bureau waives this rule to accept notifications within 30 days and requests to remain silent within 60 days of the discontinuance of operations. Notifications and requests may be submitted by informal letter, email, or by filing electronically through CDBS. This waiver is effective until January 1, 2006. ) ) ) Tolling of Broadcast Station
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2779A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2779A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2779A1.txt
  • nighttime hours may be rescinded upon licensee's failure to resolve all interference complaints. This waiver is effective until November 25, 2005. ) Limited and Discontinued Operations: The Media Bureau encourages any station which has discontinued operations as a result of Hurricane Wilma to submit a notification and, if necessary, request authority to remain silent within the periods specified in Section 73.1740(a)(4) of the Commission's rules. The Media Bureau waives this rule to accept notifications within 30 days and requests to remain silent within 60 days of the discontinuance of operations. Notifications and requests may be submitted by informal letter, email, or by filing electronically through CDBS. This waiver is effective until January 23, 2006. ) ) ) Tolling of Broadcast Station
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  • 25, 2005, that indicated KHOS(AM) was silent. The license renewal application for KHOS(AM) contained a certification that the station had not been silent for any consecutive 12-month period during the license term. See Application BR-20050615ACG, Section III, Item 4. See Implementation of Section 403(l) of the Telecommunications Act of 1996, 11 FCC Rcd 16499 (1996); see also 47 C.F.R. § 73.1740(c). 47 U.S.C. § 312(g). See also Satellite Home Viewer Extension and Reauthorization Act of 2004, Pub.L. 108-447, Div. J., Title IX, § 213, 118 Stat. 3431 (Dec. 8, 2004). Moreover, KHOS(AM) failed to request authority to remain silent, as required by 47 C.F.R. § 73.1740, and it apparently falsely certified in its June 15, 2005 license renewal application that the
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  • the Regional Director, Western Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-four thousand dollars ($24,000) to Chester P. Coleman c/o American Radio Brokers, Inc. (``Coleman''), San Francisco, California, licensee of stations KAXX (AM), Eagle River, Alaska, and KADX(FM), Houston, Alaska, for willful and repeated violation of Sections 73.1125(a) and (e), 73.1740(a)(1) and 73.1745(b) of the Commission's Rules (``Rules''). The noted violation involves failure by Coleman to maintain main studios, local or toll-free telephone numbers, and minimum operating schedules, for KAXX and KADX, and for departing, without authorization, from the terms of the stations' authorizations. 2. On December 10, 2004, the Resident Agent of the Commission's Anchorage Resident Agent Office of the
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  • Pahrump Nevada. KHMP asserts that CMA did not respond in writing to its September 27, 2004 request for mandatory carriage within 30 days of receipt of such request as required by Section 76.61(a)(2). KHMP maintains that it qualifies for mandatory carriage on CMA's Pahrump system because it operates 24 hours per-day, far exceeding the minimum operating schedule established by Section 73.1740(a)(2) of the Commission's rules. The Station also contends that it addresses local news and informational needs not served by full power stations as evidenced by its programming; thus meeting the Commission's non-entertainment programming and employment practices requirements. KHMP maintains further that it complies with the Commission's interference regulations consistent with its secondary status and asserts that it is located within
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  • antenna is located is required, pursuant to 47 U.S.C. Section 303(q), to maintain the tower in the manner prescribed by our rules and the terms of the cancelled license. Sincerely, Peter H. Doyle Chief , Audio Division Media Bureau See Implementation of Section 403(l) of the Telecommunications Act of 1996, 11 FCC Rcd 16499 (1996); see also 47 C.F.R. § 73.1740(c). 47 U.S.C. § 312(g). See also Satellite Home Viewer Extension and Reauthorization Act of 2004, Pub.L. 108-447, Div. J., Title IX, § 213, 118 Stat. 3431 (Dec. 8, 2004). See 47 C.F.R. §§ 17.1 et seq. and 73.1213. See also Streamlining the Commission's Antenna Structure Clearance Procedure, WT Docket No. 95-5, 11 FCC Rcd 4272 (1995). Federal Communications Commission Washington,
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  • Licenses, Inc. See Satellite Home Viewer Extension and Reauthorization Act of 2004, Publ L. 108-447, Div. J., Title IX, § 213, 118 Stat. 3431 (Dec. 8, 2004). Letter to Dan J. Alpert, Esq., Reference 1800B3-MFW (MB Aug. 5, 2005). See Implementation of Section 403(l) of the Telecommunications Act of 1996, 11 FCC Rcd 16499 (1996); see also 47 C.F.R. § 73.1740(c). 47 U.S.C. § 312(g). See also Satellite Home Viewer Extension and Reauthorization Act of 2004, Pub.L. 108-447, Div. J., Title IX, § 213, 118 Stat. 3431 (Dec. 8, 2004). See, e.g., Letter to Mr. Zacarias Serrato, 20 FCC Rcd ____ (2005), DA 05-2919 (Nov. 4, 2005) (license reinstatement not warranted for station off the air for more than three years
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-472A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-472A1.txt
  • of the licensee. Consummation Notice ­ This notifies the Commission when an assignment of license or transfer of control (ALTC) is consummated (as stipulated on ALTC authorizations, Form 732). It also may be used to request an extension of time to consummate. 2 Silent Notification ­ This notifies the Commission of the suspension of broadcast operations (see 47 C.F.R. § 73.1740). It also may be used to request a silent STA or extension thereof. Special Temporary Authority ­ This is used to request STA (see 47 C.F.R. §73.1635) or extension thereof. In the coming months, the Bureau will expand the list of non-form filings to include: Petition to Deny and Informal Objection; PTA and Equipment Test Notification; Change of Main Studio
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  • support is buttressed by Alpine's acknowledgement that it failed to maintain a meaningful staff presence at the KWYS main studio between January 2004 and May 2004 while KWYS was off the air. A review of the Commission's records reveals that Alpine received no special temporary authorization to cease broadcasting for that period of time, as required by Sections 73.1635 and 73.1740 of the Rules, and no waiver of the Commission's main studio staffing requirements. We have examined Alpine's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Alpine Broadcasting Limited Partnership willfully and repeated violated Section 73.1125 of the Rules. Considering the entire
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  • to J.B. Davis, Reference 1800B3-ALM (MB Dec. 23, 2004). 47 U.S.C. § 312(g) (2003). Legislation revising Section 312(g) was enacted and took effect on December 8, 2004, long after cancellation of the WKPG(AM) license became final. See Consolidated Appropriations Act, 2005, Pub. L. No. 108-447, 118 Stat. 2809, Title IX, § 213(3) (2004). Reconsideration Decision at 2, citing 47 C.F.R. 73.1740(a)(1) and Silent Station Authorizations, Order, 11 FCC Rcd 16599, 16600 (1996). 47 U.S.C. § 405(a). See also 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.115(a). 47 C.F.R. § 1.115(d). See 47 C.F.R. § 1.4(b)(5). If the filing deadline falls on a weekend or holiday, the filing deadline is extended to the next business day. See 47 C.F.R. § 1.4(j). See
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  • NAL/Acct. No.: 200732700012 FRN: 0009644063 FORFEITURE ORDER Adopted: July 30, 2007 Released: August 1, 2007 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to Talknsports, Inc. (``Talknsports''), licensee of station WKFL, Bushnell, Florida, for willful and repeated violation of Section 73.1740(a)(4) of the Commission's Rules (``Rules''). The noted violation involves Talknsports' failure to notify the Commission and submit a written request to discontinue operations for more than 30 days. 2. On June 4, 2007, the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $5,000 to Talknsports. Talknsports
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  • and determined that no listings for KTRG had been published for the past four years. In addition, you state that conversations you had with the manager of the local cable franchise in Del Rio as well as local residents further indicate the station has been off the air for many years. These facts, you contend, indicate that pursuant to Section 73.1740(c) of the Commission's Rules, 47 C.F.R. §73.1740(c), the station authorization has lapsed rendering its renewal and other applications a nullity. You also maintain that even if the station is not found to have been off the air for at least 12 months, the renewal application should be denied for conduct which, taken together, indicates a ``pattern of abuse.'' Specifically, you
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  • principal headend. However, WHDT, for its part, should have informed Comcast when it went off the air or operated outside its normal operating parameters. Neither party fulfilled its obligations in this respect. Furthermore, WHDT also had an obligation to notify the Commission that it was experiencing technical difficulties that were preventing it from meeting its minimum operating schedule requirements. Section 73.1740 of the Commission's rules requires that after 36 months of operation, stations must operate not less than two hours each day and 28 hours a week. Furthermore, if causes beyond the control of the licensee make it impossible to adhere to this operating schedule, the station may limit or discontinue operation for a period not more than 30 days without
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  • No. BLSTA-20070702AZF Request for Special Temporary Authority File No. BLFT-20080616AEH Application for License Dear Mr. Martin: This concerns the above-referenced application (the ``Application'') for license to cover construction permit filed June 16, 2008, by Community Bible Church (``CBC''), permittee of FM translator station W230BH (FX), Montauk, New York (``Station''). Accompanying the license application is CBC's Request for Waiver of Section 73.1740(c) of the Commission's Rules (``Request''), as amended on September 23, 2008, requesting that the Commission not declare that the Station's license had expired as a matter of law because the Station did not operate for a consecutive 12-month period. For the reasons stated below, we grant both the waiver request and the Application. Background. The initial construction permit for W230BH
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  • the hourly identification of an otherwise silent station. While it concedes that the Station's transmitter carrier continued to operate while the broadcast station was silent, Trinity maintains that ``there are no station identification requirements for subcarrier uses, and the subcarrier use was provided in accordance with the Commission's Rules.'' We agree. The Station was silent with authority pursuant to Section 73.1740 of the Rules. As noted by Trinity, nothing in our Rules requires an authorized silent station to continue station identifications while it is off-air. This holds true even if that station continues to operate its subcarrier. Accordingly, we find that Petitioners have failed to raise a substantial and material question of fact calling for further inquiry. Solicitation of Donations. Petitioners
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  • 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.1350 of the Rules, by engaging in operation of the Station at an unauthorized site; and willfully and repeatedly violated Section 73.1740 of the Rules, by leaving the Station silent without the proper authorization. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) and we grant the captioned WVUV(AM) license renewal application for a term of two years from the
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  • nighttime hours may be rescinded upon licensee's failure to resolve all interference complaints. This waiver is effective until September 11, 2009. ) Limited and Discontinued Operations: The Media Bureau encourages any station which has discontinued operations as a result of fire damage to submit a notification and, if necessary, request authority to remain silent within the periods specified in Section 73.1740(a)(4) of the Commission's rules. The Media Bureau, however, waives the time periods provided in this rule and will accept notifications within 30 days and requests to remain silent within 60 days of the discontinuance of operations as compliant. Notifications and requests may be submitted by informal letter, email, or by filing electronically through CDBS. This waiver is effective until October
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  • specifying the new tower, and upon grant of the application, must apply for a license to cover the permit on Form 302-AM.'' The letter also advised that the STA was granted ``without prejudice as to whatever action the Commission may take'' with regard to its unauthorized construction and operation of the Station at its modified facilities. DISCUSSION License Expiration. Section 73.1740(c) of the Rules, which implements Section 312(g) of the Act, provides that the license of any broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. Moreover, Commission precedent makes it clear that
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  • certification from the Engineer participating in the inspection with respect to engineering matters) that the Station is in compliance with all Rules and all terms and conditions of its licenses. The Checklists will be used as a guide for conducting such inspection and making such certification. In the event that WHEO(AM) has temporarily discontinued operation pursuant to 47 C.F.R. § 73.1740(a)(4), the inspection and certification will be delayed until operation is resumed on the Station, provided that any delay beyond sixty (60) days will be deemed a failure to certify. The failure or inability to so certify in any instance will result in referral of the matter to the Commission's Enforcement Bureau for enforcement action at that Bureau's discretion. 17. All
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  • operation of KWMD at a variance from its license prior to the station's license renewal. First, between September 2003, and June 2004, it appears that KWMD was, for the most part, silent. See n.7, supra. However, AERS failed to file an STA or a notice to the Commission to reflect the station's silent status, as required by Sections 73.1635 and 73.1740 of the Rules. (47 C.F.R. § 73.1635 and 47 C.F.R. § 73.1740). Second, KWMD was apparently silent between February 26, 2005, and June 19, 2005, again without seeking a silent STA or providing notice to the Commission, as required by Section 73.1740 of the Rules. (47 C.F.R. § 73.1635 and 47 C.F.R. § 73.1740). See n.11, supra. Finally, AERS apparently
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  • 2007). File No. BR-20060310AGJ (filed Mar. 10, 2006). Robert Wynne filed an informal objection to the renewal of the Station's license on the grounds that the Station had been silent since 1999. See Letter to Ms. Dortch from Robert Wynne, President, Wynne Broadcasting Company, Inc. (Jul. 6, 2006) (``Informal Objection''). See 47 U.S.C. § 312(g); see also 47 C.F.R. § 73.1740(c)). The statute reads, ``If a broadcasting station fails to transmit broadcast signals for any consecutive 12-month period, then the station license granted for the operation of that broadcast station expires at the end of that period...except that the Commission may extend or reinstate such station license...for any other reason to promote equity and fairness.'' 47 U.S.C. § 312(g). See Letter
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  • tests. Brief Description: This rule sets forth the minimum number of hours that stations in the Class A Television Service must operate each week. Need: This rule is necessary so that stations in the Class A Television Service continue to fully utilize their assigned channel and to serve the public interest. Legal Basis: 47 U.S.C. 336(f). Section Number and Title: 73.1740(a)(5) Minimum operating schedule. Brief Description: This rule provides that stations in the Class A Television Service must maintain documentation in their local public inspection file as to their Class A TV continuing eligibility. Need: This rule is necessary so that stations are able to demonstrate that they continue to be eligible for Class A TV status and so that the
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  • taking or not taking the action in question, irrespective of any intent to violate the Rules. Licensee next argues that the Station did not broadcast from ``June 2007 ... until October 2007'' and that as such, no unauthorized operation occurred. We disagree. Class D stations are required to operate not less than the minimum operating hours set forth in Section 73.1740 of the Rules. If a licensee wants its station to go silent for more than 30 days, it must submit a request for authority to do so with the Commission. Here, Licensee failed to do so. As such, its Station's silent status was unauthorized. Licensee further states that the Station resumed broadcasting in October 2007 after Bureau staff informed Licensee
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  • and the Commission's Rules." Id. at 200. See South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the Station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the Station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern of abuse where ```the number, nature and extent' of the violations on the record, coupled with Licensee's apparent disregard for
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  • e.g., Colquitt Community Radio, Inc., Letter, 26 FCC Rcd 10243 (MB 2011) (Media Bureau not bound by a Wireless Telecommunications Bureau decision where Bureau case law on the relevant legal standard was well-developed). See Gardner, 530 F.2d at 1091. See Implementation of Section 403(l) of the Telecommunications Act of 1996, 11 FCC Rcd 16499 (1996); see also 47 C.F.R. § 73.1740(c). See Reinstatement Request at 3 n.3. In the 2012 Renewal Application, CWH certifies that the station is not on currently on the air but also that it has not been silent for any consecutive 12-month period. See 2012 Renewal Application, Section III, Items 5, 6. It also answers ``no'' to the certification that, during the preceding license term, the station
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  • Inc., Memorandum Opinion and Order, 99 FCC 2d 1164 (1984), citing Carlisle Broadcasting Associates, Memorandum Opinion and Order, 59 FCC 2d 885 (1976). 47 U.S.C. § 301. 47 U.S.C. § 312(g) (1996). See Aerco Broadcasting Corp. v. FCC, 51 Fed. Appx. 23 (D.C. Cir. 2002) (per curiam) (the effect of Section 312(g) is license forfeiture). See also 47 C.F.R. § 73.1740(c). Subsequently, Congress amended Section 312(g) by adding language giving the Commission the discretion to extend or reinstate a license in order to, inter alia, ``promote equity and fairness.'' 47 U.S.C. § 312(g) (2004) (amended by Consolidated Appropriations Act, 2005, Pub.L. No. 108-447, 118 Stat. 2809 (2004)). Eagle Broadcasting Group, Ltd. v. FCC, 563 F.3d 543, 553 (D.C. Cir. 2009). Id.
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  • this Forfeiture Order, the Media Bureau (``Bureau'') issues a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to South Seas Broadcasting, Inc. (``South Seas'') for (1) willfully and repeatedly violating Section 73.1350 of the Commission's rules (``rules''), by engaging in operation of Station WVUV(AM), Leone, American Samoa (``Station''), at an unauthorized site; (2) willfully and repeatedly violating Section 73.1740 of the rules, by leaving the Station silent without proper authorization; and (3) willfully and repeatedly violating Section 73.1015 of the rules, by failing to respond to Commission communications. background During the last renewal cycle, South Seas timely filed the above-captioned application to renew the Station's license (``Renewal Application''). District Council Assemblies of God in American Samoa (``District Council'') filed
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  • and Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (``Act''), and Section 1.80 of the Commission's Rules (``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that Licensee apparently willfully violated Sections 73.3539 and 73.1740 of the Rules by failing to timely file a license renewal application for the Station, and by discontinuing operation of the Station without authority. Based upon our review of the facts and circumstances before us, we conclude that Licensee is apparently liable for a monetary forfeiture in the amount of six thousand five hundred dollars ($6,500). II. BACKGROUND Section 73.3539(a)
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  • Commission's radiofrequency radiation exposure guidelines at two stations); South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern of abuse where ```the number, nature and extent' of the violations on the record, coupled with licensee's apparent disregard for
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  • Commission's radiofrequency radiation exposure guidelines at two stations); South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern of abuse where ```the number, nature and extent' of the violations on the record, coupled with the licensee's apparent disregard
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  • unresolved. Id. at Section II, Question 2. 24 FCC Rcd at 8253-54 (¶¶ 50-54). Id. at 8255-56 (¶¶ 56-60). Id. at 8257-58 (¶¶ 72-78). 47 U.S.C. § 301. 47 U.S.C. § 312(g)(1996). See Aerco Broadcasting Corp. v. FCC, 51 Fed. Appx. 23 (D.C. Cir. 2002) (per curiam) (the effect of Section 312(g) is license forfeiture). See also 47 C.F.R. § 73.1740(c). Subsequently, Congress amended Section 312(g) by adding language giving the Commission the discretion to extend or reinstate a license in order to, inter alia, ``promote equity and fairness.'' 47 U.S.C. § 312(g) (2004) (amended by Consolidated Appropriations Act, 2005, Pub.L. No. 108-447, 118 Stat. 2809 (2004)). Eagle Broadcasting Group, Ltd. v. FCC, 563 F.3d 543, 553 (D.C. Cir. 2009). See
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  • be sent, by First Class and Certified Mail, Return Receipt Requested, to Bethany College, WVBC(FM), Bethany, WV 26032, and to its counsel, Frederick A. Polner, Esq., Polner Law Office, 16 Forest Hills Dr., Madison, CT 06443. FEDERAL COMMUNICATIONS COMMISSION Peter H. Doyle Chief, Audio Division Media Bureau 47 C.F.R. § 73.561. The NAL mistakenly referred to a violation of Section 73.1740, which specifies the minimum operating requirements for commercial FM stations. However, Section 73.1740(b) references Section 73.561 as the appropriate rule in the NCE context, and there is not substantive difference in result in the present case. 47 C.F.R. § 73.3539. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. MB201241410031 (MB April 27, 2012) (``NAL''). See 47 C.F.R. §§ 73.1020, 73.3539(a).
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  • December 10, 2004 By the Resident Agent, Anchorage Resident Agent Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Chester P. Coleman, c/o American Radio Brokers, Inc. (``Coleman''), San Francisco, California, licensee of stations KAXX (AM), Eagle River, Alaska, and KADX(FM), Houston, Alaska, apparently willfully and repeatedly violated Sections 73.1125(a) and (e), 73.1740(a)(1) and 73.1745(b) of the Commission's Rules (``Rules''). Specifically, we find Coleman apparently liable for failing to maintain main studios, local or toll-free telephone numbers, and minimum operating schedules, for KAXX and KADX, and for departing, without authorization, from the terms of the stations' authorizations. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''),
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  • ) ) File Number: EB-06-TP-315 NAL/Acct. No.: 200732700012 FRN: 0009644063 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 4, 2007 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Talknsports, Inc. (``Talknsports''), licensee of station WKFL, Bushnell, Florida, apparently willfully and repeatedly violated Section 73.1740(a)(4) of the Commission's Rules (``Rules'') by failing to notify the Commission and submit a written request to discontinue operations for more than 30 days. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Talknsports is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). BACKGROUND On February 4, 2007,
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  • assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities.'' At the time of inspection, Station KLRG-AM was monitoring the National Weather Service but was not monitoring the two assignments specified in the State EAS Plan. 47 CFR § 73.1740(a)(1): ``All commercial broadcast stations are required to operate not less than the following minimum hours: AM and FM stations. Two-thirds of the total hours they are authorized to operate between 6 a.m. and 6 p.m. local time and two-thirds of the total hours they are authorized to operate between 6 p.m. and midnight, local time, each day of the week
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  • equipment in a box in the transmitter building, but no EAS equipment was installed or operational. The inspection revealed numerous other rule violations, including, among other things: failure to operate at the station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. § 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. § 73.1740(a)); failure to post the station license (47 C.F.R. § 73.1230); failure to designate a chief operator (47 C.F.R. § 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. § 73.3526). On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN was not in compliance with RFR exposure limits. The letter requested
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  • February 5, 1997, at which time it resumed broadcast operations pursuant to Special Temporary Authorization (``STA'') granted January 15, 1997. On March 24, 1997, OCC notified the staff that WSTA-FM's operations since February 5, 1997 ``consisted of test signals, station identification and music'' and requested STA to operate at variance with the Commission's minimum operating schedule requirements, 47 C.F.R. § 73.1740(a)(1) ``due to the need for further testing and adjustment.'' On October 21, 1997, OCC amended this STA request, seeking authority to remain silent rather than to operate with a reduced schedule. 3. The staff sent OCC an inquiry letter on May 12, 1997, indicating that it had received information that WSTA-FM was silent. The staff requested that OCC clarify the
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  • 18, 1997. These events had led to the designation for hearing on May 28, 1996 of Family's December 4, 1995 renewal application for WSTX-FM. The renewal proceeding was ultimately terminated, with the grant of the renewal application, in June 1997 by the Summary Decision of Administrative Law Judge Edward Luton. The ALJ, while finding willful and repeated violations of Section 73.1740 requiring a licensee to submit an informal, written request to remain silent, nevertheless determined that, in light of the station's return to the air on January 18, 1997 and continuous operation since that time, Family was qualified to remain a Commission licensee. By its Order To Show Cause and Notice of Opportunity To Participate, the Commission on February 8, 2001
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  • make station logs available on request for inspection by the Commission, by failing to make KKFO(AM) available for inspection by representatives of the Commission during the station's business hours, and by failing to provide records and information to Commission representatives upon request; (d) To determine whether William L. Zawila, individually and/or on behalf of WPBI, willfully or repeatedly violated Section 73.1740(a)(4) of the Rules, by failing to notify the Commission not later than the tenth day of limited or discontinued operation that KKFO(AM) was not adhering to a minimum operating schedule, or by failing to make an informal written request for such additional time as may be necessary to restore the minimum operating schedule; (e) To determine whether William L. Zawila,
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  • license.'' Id. However, the Bureau's processing standards do not preclude any new construction for STA purposes; rather, they only prohibit the issuance of STA for facilities that the licensee intends to use on a permanent basis. March STA Request at 3. See State of Oregon, 16 FCC Rcd 4344, 4345 (2001). 47 U.S.C. § 312(g). See also 47 C.F.R. § 73.1740(c). It should be noted that on March 8, 2002, the Bureau granted Pacific STA to operate from the Taft facilities for 24 hours, in order to avoid automatic expiration of the KTKY(FM) license pursuant to Section 312(g). It did so to preserve the status quo of the license, in order to facilitate the Commission's full consideration of Pacific's Application for
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  • and other information and must submit this information to the Commission on request. 47 C.F.R. § 74.751(a). 47 C.F.R. § 74.750(g). 47 C.F.R. § 74.763(a). For example, after three years of operation, full-service TV stations must operate not less than two hours in each day of the week and not less than 28 hours per calendar week. 47 C.F.R. § 73.1740. Class A TV stations are required to broadcast at least 18 hours each day. 47 C.F.R. § 73.6001. It is possible that an LPTV or TV translator licensee or other prospective digital operator would secure a channel with the intent of offering only a minimal amount of digital service until there was sufficient DTV set penetration in the community. 47
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  • Johnson, 326 U.S. 120, 131-32 (1945) (``Radio WOW''). See also O.D.T. International, 9 FCC Rcd at 2576 (Commission must reconcile its rules and policies with federal and state court mandates designed to protect creditors). Radio Wow, 326 U.S. at 132 (emphasis added). See supra ¶ 4. See Arecibo, 101 F.C.C.2d at 550. See 47 U.S.C. § 312(g); 47 C.F.R. § 73.1740(c) (if a broadcasting station fails to transmit broadcast signals for any consecutive 12-month period, the station license expires at the end of that period). Radio WOW, 326 U.S. at 132. (...continued from previous page) (continued....) Federal Communications Commission FCC 04-172 Federal Communications Commission FCC 04-172 h . ; Q T g l † `` › Ó Õ h h h$
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  • periods of such simultaneous operations. We seek comment on how any proposed rule should differ, if at all, for AM radio stations. There are a host of other programming and operational rules that are relevant here. These include: (1) Sections 73.132 and 73.232 -territorial exclusivity for AM and FM stations; (2) Section 76.1208-broadcast of taped or recorded material; (3) Section 73.1740-minimum hours of operation; (4) Section 76.1212--sponsorship identification; (5) Section 76.4180-payment disclosure; (6) Section 73.4055-cigarette advertising; and (7) Section 508 of the Act-prohibited contest practices. We tentatively conclude that the conversion to DAB will not require changes to the content of these regulations. However, we seek comment on how the rules should be applied to multicast services and whether the requirements
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  • the staff and public's consideration of WVIS(FM)'s operation in the public interest, VISC must file written status reports with the Commission's Secretary and place copies in its public inspection file every 90 days following the filing of its license renewal application. In the reports, VISC must either certify that the station has complied with the minimum operating schedule in Section 73.1740 at all times since its last report or, if not, detail the extent of the station's operations within that period. The station's most recent issues/program list, prepared in accordance with Section 73.3526(e)(12), should be included with each report submitted to the Commission. III. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, That the Application for Review filed on September 24, 2002,
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  • 18281, ¶ 4. See Remedial Measures For Failure to Comply with Digital Television Construction Schedule, Report and Order, 18 FCC Rcd 7174, 7176-7 (2003) (``Remedial DTV R&O''). 47 U.S.C. § 312(g). In addition, stations discontinuing operations 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). See Remedial DTV R&O, 18 FCC Rcd at 7176-7. As discussed above, stations whose post-transition channel is different from their pre-transition DTV channel must build their full, authorized post-transition (digital) facilities no later than February 17, 2009. Stations whose post-transition channel is as the same their pre-transition DTV channel must build their
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.txt
  • reading services for the ``print-impaired.'' We are encouraged by the voluntary steps taken by iBiquity and NPR, so far. We urge these parties to work with IAAIS to forge a resolution that would benefit all parties involved. Operating Hours In the DAB FNPRM, we asked how the conversion to DAB would affect the ``minimum hours of operation'' requirement in Sections 73.1740 and 73.561 Under the relevant rules, AM and FM commercial stations are required to operate two-thirds of the total hours they are authorized to operate between 6 a.m. and 6 p.m. local time and two-thirds of the total hours they are authorized to operate between 6 p.m. and midnight, local time, each day of the week except Sunday. NCE FM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-70A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-70A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-70A1.txt
  • 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 announced in Appendix A to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-10A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-10A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-10A1.txt
  • take their place). By letter dated November 20, 2001, A-O filed a notification that it had gone off the air for a period less than 30 days due to a computer failure. Stations that are silent for more than ten days, but fewer than 30 days, must notify the Commission but need not obtain silence authority. See 47 C.F.R. § 73.1740(a)(4). A-O's silence notification reached the Commission on January 9, 2002, and apparently was routed to the Enforcement Bureau, which had required the station to cease operating, rather than to the Media Bureau which grants authority to remain silent for periods over 30 days. See A-O Broadcasting, Notice of Apparent Liability, 17 FCC Rcd 24184 (2002) (``2002 NAL Order''), forfeiture issued,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-9A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-9A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-9A1.txt
  • Appropriations Act, 2005, Pub. L. No. 108-447, 118 Stat. 2809, Title IX, § 213 (2004). 47 U.S.C. § 312(g) (1996) amended by id. See Aerco Broadcasting Corp. v. FCC, 51 Fed. Appx. 23 (D.C. Cir. 2002) (per curiam) (the effect of Section 312(g) is license forfeiture). The Commission codified Section 312(g) in several of its rules. E.g., 47 C.F.R. § 73.1740(c). See Silent Station Authorizations, Order, 11 FCC Rcd 16599 (1996). 47 U.S.C. § 153(6). See WYCQ, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16900, 16902-03 (2003); OCC Acquisitions, Inc., Memorandum Opinion and Order, 17 FCC Rcd 6147, 6151 (2002), aff'd per curiam, OCC Acquisitions, Inc. v. FCC, 64 Fed. Appx. 790 (D.C. Cir. 2003); Silent Station Authorizations, 11 FCC
• http://transition.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.pdf http://transition.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.wp
  • more than three qualified local noncommercial educational stations; and (3) more than 36 usable activated channels shall carry at least three qualified local noncommercial educational stations. See 47 U.S.C. §535(b) and (e); 47 C.F.R. §76.56(a). 24The six requirements are that: (1) the station meets the minimum number of hours of operation for a broadcast station as stated in 47 C.F.R. §73.1740; (2) the station complies with the interference regulations for low power television stations stated in 47 C.F.R. §§74.701-74.784; (3) the station is located within 35 miles of the cable system's principal headend and delivers to the cable system's principal headend an over-the-air signal of good quality; (4) The station's community of license, and the franchise area of the cable system
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.txt http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.wp
  • applications. They could not propose a channel change or facilities changes that would extend a station's currently protected service area. Under the proposal, an applicant would be required: (1) to demonstrate that for the period of 3 months immediately preceding submission of the application, its LPTV station complied with the minimum operating schedule for TV broadcast stations (47 C.F.R. Section 73.1740) and broadcast not less than 3 hours in each calendar week of locally produced programming, (2) to show that the Class A station would not cause interference within the Grade B contour of any television station operating on a channel specified in the TV Table of Allotments (47 C.F.R. Section 73.606(b)) or the DTV Table of Allotments (47 C.F.R. Section
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98315.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98315.txt http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98315.wp
  • Dispatch's request was submitted after the closing date for filing petitions for reconsideration of actions taken in the Fifth Report and Order and therefore was not included as part of the reconsideration filings and comment cycle. However, we find that the issue raised in its request warrants action and are therefore are addressing Dispatch's request sua sponte herein. 93 Section 73.1740(a)(2) requires that NTSC stations, during the first 18 months of operation must operate not less than 2 hours daily in any 5 broadcast days per calendar week and not less than a total of 12 hours per week. See 47 CFR 73.1740(a)(2). 94 Section 73.624(d) sets forth a construction timetable for DTV stations as follows: 1) May 1, 1999, for
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.txt
  • to simulcast its two television stations during the pendency of this proceeding raises no issue regarding its qualifications to transfer WQEX(TV). First, the Communications Act and Commission rules do not require that commonly-owned noncommercial educational television stations be separately programmed, nor are they required to operate on a regular schedule with a specified minimum number of hours. 47 C.F.R. § 73.1740(b). While at least a portion of WQED's public funding is conditioned on separately programming each station, the CPB has granted a temporary waiver of this requirement, based on WQED's financial condition. Alliance also complains that WQED's decision to simulcast is "an effort to increase the probability of the proposed sale." WQED, however, has not advanced the programming change as grounds
• 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
  • tolerances; § 73.157, Antenna testing during daytime; § 73.158, Directional antenna monitoring points; § 73.691, Visual modulation monitoring; § 73.1250, Broadcasting emergency information; § 73.1350, Transmission system operation; § 73.1560, Operating power and mode tolerances; § 73.1570, Modulation levels: AM, FM, TV and Class A TV aural; § 73.1615, Operation during modification of facilities; § 73.1680, Emergency antennas; and § 73.1740, Minimum operating schedule. * * * * * 29. Section 73.1660 is amended to read as follows: § 73.1660 Acceptability of broadcast transmitters. (a) An AM, FM, TV or Class A TV transmitter shall be verified for compliance with the requirements of this part following the procedures described in part 2 of the FCC rules. * * * * *
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-312555A1.html
  • of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities." At the time of inspection, Station KLRG-AM was monitoring the National Weather Service but was not monitoring the two assignments specified in the State EAS Plan. b. 47 CFR S: 73.1740(a)(1): "All commercial broadcast stations are required to operate not less than the following minimum hours: AM and FM stations. Two-thirds of the total hours they are authorized to operate between 6 a.m. and 6 p.m. local time and two-thirds of the total hours they are authorized to operate between 6 p.m. and midnight, local time, each day of the week
• http://transition.fcc.gov/eb/Orders/2001/da011920.doc http://transition.fcc.gov/eb/Orders/2001/da011920.html
  • Section 11.35(a) and cites to a letter of admonishment issued by the Mass Media Bureau to Ms. Linda Reed, President of KHYM, Inc., dated April 22, 1998 ("KHYM, Inc."), as precedent. This argument lacks merit. The case Radio One cites involved violations of different rules. In the KHYM, Inc. case, the Mass Media Bureau admonished the licensee for violating Section 73.1740(a)(4) of the Rules by not adhering to a minimum operating schedule and failing to notify the Commission within 10 days of the limited or discontinued operation; and violation of Section 73.1560(d) of the Rules by operating at reduced power for more than 10 days without notifying the Commission of that fact. This case, by contrast, involves failure to install EAS
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-312A1.html
  • observed EAS equipment in a box in the transmitter building, but no EAS equipment was installed or operational. The inspection revealed numerous other rule violations, including, among other things: failure to operate at the station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. 73.1740(a)); failure to post the station license (47 C.F.R. 73.1230); failure to designate a chief operator (47 C.F.R. 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. 73.3526). 11. On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN was not in compliance with RFR exposure limits. The letter requested that prior
• http://transition.fcc.gov/eb/Orders/2003/DA-03-3431A1.html
  • site at issue here substantially exceeded those parameters. 13 In the Matter of the Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 14 47 U.S.C. 503(b)(2)(D). 15 47 U.S.C. 503(b), 47 C.F.R. 1.80. 16 47 U.S.C. 301, 47 C.F.R. 73.1740. 17 47 C.F.R. 1.80. 18 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3431A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3431A1.doc
• http://transition.fcc.gov/eb/Orders/2005/DA-05-106A1.html
  • in the inspection with respect to engineering matters) that each station is in compliance with all Rules and all terms and conditions of its Licenses. The Checklists will be used as a guide for conducting each inspection and making each certification. In the event that one or both of the RII Stations has temporarily discontinued operation pursuant to 47 C.F.R. 73.1740(a)(4), the inspection and certification will be delayed until operation is resumed on both stations, provided that any delay beyond sixty (60) days will be deemed a failure to certify. The failure by or inability of RII to so certify in any instance will result in enforcement action by the Bureau against RII, at the Bureau's discretion. 11. All certifications referenced
• http://transition.fcc.gov/eb/Orders/2005/DA-05-614A1.html
  • Regional Director, Western Region, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-four thousand dollars ($24,000) to Chester P. Coleman c/o American Radio Brokers, Inc. (``Coleman''), San Francisco, California, licensee of stations KAXX (AM), Eagle River, Alaska, and KADX(FM), Houston, Alaska, for willful and repeated violation of Sections 73.1125(a) and (e), 73.1740(a)(1) and 73.1745(b) of the Commission's Rules (``Rules'').1 The noted violation involves failure by Coleman to maintain main studios, local or toll-free telephone numbers, and minimum operating schedules, for KAXX and KADX, and for departing, without authorization, from the terms of the stations' authorizations. 2. On December 10, 2004, the Resident Agent of the Commission's Anchorage Resident Agent Office of the
• http://transition.fcc.gov/eb/Orders/2006/DA-06-664A1.html
  • support is buttressed by Alpine's acknowledgement that it failed to maintain a meaningful staff presence at the KWYS main studio between January 2004 and May 2004 while KWYS was off the air. A review of the Commission's records reveals that Alpine received no special temporary authorization to cease broadcasting for that period of time, as required by Sections 73.1635 and 73.1740 of the Rules, and no waiver of the Commission's main studio staffing requirements. 9. We have examined Alpine's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Alpine Broadcasting Limited Partnership willfully and repeated violated Section 73.1125 of the Rules. Considering the
• http://transition.fcc.gov/eb/Public_Notices/da012948.html http://transition.fcc.gov/eb/Public_Notices/da012948.pdf
  • Inc., Redding, CA (ASR 1018154). San Francisco, CA District Office (11/21/01). * Americom Las Vegas Limited Partnership, Carson City, NV (ASR 1011093). San Francisco, CA District Office (11/26/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.57 Remote Reading Antenna and Common Point Ammeters * Lancom, Inc., Scranton , PA. Philadelphia, PA District Office (11/13/01). * 47 C.F.R. 73.1740 Minimum Operating Schedule * Eagle Bluff Enterprises, Poplar Bluff, MO. Kansas City, MO District Office (11/28/01). * 47 C.F.R. 73.1820 Station Log * Cactus Communications, LLC, KKAY, White Castle, LA. Other violation: 47 C.F.R. 73.1870 (Chief Operator). New Orleans, LA District Office 11/15/01). * San Joaquin Radio Company, LLC, KAJZ, Merced, CA. San Francisco, CA District Office (11/15/01). 47 C.F.R.
• http://transition.fcc.gov/fcc-bin/audio/FCC-95-412A1.pdf
  • filed as prescribed in the particular rules. See §73.62, Directional antenna system tolerances; §73.157, Antenna testing during daytime; §73.158, Directional antenna monitoring points; §73.691, Visual modulation monitoring; §73.1250, Broadcasting emergency information; §73.1350, Transmission system op eration; §73.1560, Operating power and mode tolerances; §73.1570, Modulation levels: AM, FM, and TV aural; §73.1615, Operation during modification of facilities; §73.1680, Emergency antennas; and §73.1740, Minimum operating schedule. 17. Section 73.1820 is amended by revising paragraphs (a) introductory text (a)(2)(iii), by removing paragraphs (b)(4), (b)(5) and (b)(6), redesignating paragraphs (b)(7) and (b)(8) as paragraphs (b)(4) and (b)(5), respectively and revising newly designated paragraph (b)(4) to read as fol lows: §73.1820 Station log. (a) Entries must be made in the station log either man ually by
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • 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. [557]TEXT [558]PDF 73.1735 AM station operation pre-sunrise and post-sunset. [559]TEXT [560]PDF 73.1740 Minimum operating schedule. [561]TEXT [562]PDF 73.1745 Unauthorized operation. [563]TEXT [564]PDF 73.1750 Discontinuance of operation. [565]TEXT [566]PDF 73.1800 General requirements related to the station log. [567]TEXT [568]PDF 73.1820 Station log. [569]TEXT [570]PDF 73.1835 Special technical records. [571]TEXT [572]PDF 73.1840 Retention of logs. [573]TEXT [574]PDF 73.1870 Chief operators. [575]TEXT [576]PDF 73.1910 Fairness Doctrine. [577]TEXT [578]PDF 73.1940 Legally qualified candidates for public office.
• http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.pdf http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.txt http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.wp
  • more than three qualified local noncommercial educational stations; and (3) more than 36 usable activated channels shall carry at least three qualified local noncommercial educational stations. See 47 U.S.C. §535(b) and (e); 47 C.F.R. §76.56(a). 24The six requirements are that: (1) the station meets the minimum number of hours of operation for a broadcast station as stated in 47 C.F.R. §73.1740; (2) the station complies with the interference regulations for low power television stations stated in 47 C.F.R. §§74.701-74.784; (3) the station is located within 35 miles of the cable system's principal headend and delivers to the cable system's principal headend an over-the-air signal of good quality; (4) The station's community of license, and the franchise area of the cable system
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.wp
  • applications. They could not propose a channel change or facilities changes that would extend a station's currently protected service area. Under the proposal, an applicant would be required: (1) to demonstrate that for the period of 3 months immediately preceding submission of the application, its LPTV station complied with the minimum operating schedule for TV broadcast stations (47 C.F.R. Section 73.1740) and broadcast not less than 3 hours in each calendar week of locally produced programming, (2) to show that the Class A station would not cause interference within the Grade B contour of any television station operating on a channel specified in the TV Table of Allotments (47 C.F.R. Section 73.606(b)) or the DTV Table of Allotments (47 C.F.R. Section
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98315.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98315.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98315.wp
  • Dispatch's request was submitted after the closing date for filing petitions for reconsideration of actions taken in the Fifth Report and Order and therefore was not included as part of the reconsideration filings and comment cycle. However, we find that the issue raised in its request warrants action and are therefore are addressing Dispatch's request sua sponte herein. 93 Section 73.1740(a)(2) requires that NTSC stations, during the first 18 months of operation must operate not less than 2 hours daily in any 5 broadcast days per calendar week and not less than a total of 12 hours per week. See 47 CFR 73.1740(a)(2). 94 Section 73.624(d) sets forth a construction timetable for DTV stations as follows: 1) May 1, 1999, for
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.txt
  • to simulcast its two television stations during the pendency of this proceeding raises no issue regarding its qualifications to transfer WQEX(TV). First, the Communications Act and Commission rules do not require that commonly-owned noncommercial educational television stations be separately programmed, nor are they required to operate on a regular schedule with a specified minimum number of hours. 47 C.F.R. § 73.1740(b). While at least a portion of WQED's public funding is conditioned on separately programming each station, the CPB has granted a temporary waiver of this requirement, based on WQED's financial condition. Alliance also complains that WQED's decision to simulcast is "an effort to increase the probability of the proposed sale." WQED, however, has not advanced the programming change as grounds
• 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
  • tolerances; § 73.157, Antenna testing during daytime; § 73.158, Directional antenna monitoring points; § 73.691, Visual modulation monitoring; § 73.1250, Broadcasting emergency information; § 73.1350, Transmission system operation; § 73.1560, Operating power and mode tolerances; § 73.1570, Modulation levels: AM, FM, TV and Class A TV aural; § 73.1615, Operation during modification of facilities; § 73.1680, Emergency antennas; and § 73.1740, Minimum operating schedule. * * * * * 29. Section 73.1660 is amended to read as follows: § 73.1660 Acceptability of broadcast transmitters. (a) An AM, FM, TV or Class A TV transmitter shall be verified for compliance with the requirements of this part following the procedures described in part 2 of the FCC rules. * * * * *
• http://www.fcc.gov/Forms/Form303-S/303s.pdf
  • future. Item 4: Adherence to Minimum Operating Schedule. This question requires the applicant to certify that the station has not been silent (or operating for less than its prescribed minimum operating hours) for any period of more than 30 days. Commercial broadcast stations are required to operate not less than the minimum operating hours set forth in 47 C.F.R. § 73.1740. Noncommercial educational FM stations are required to operate not less than the minimum operating hours set forth in 47 C.F.R. § 73.561. Low-power FM stations are required to operate not less than the minimum operating hours set forth in 47 C.F.R. § 73.850. Noncommercial educational AM stations are not required to operate on a regular schedule and no minimum hours
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255238A1.html
  • 2004 By the Resident Agent, Anchorage Resident Agent Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Chester P. Coleman, c/o American Radio Brokers, Inc. (``Coleman''), San Francisco, California, licensee of stations KAXX (AM),1 Eagle River, Alaska, and KADX(FM),2 Houston, Alaska, apparently willfully and repeatedly violated Sections 73.1125(a) and (e), 73.1740(a)(1) and 73.1745(b) of the Commission's Rules (``Rules'').3 Specifically, we find Coleman apparently liable for failing to maintain main studios, local or toll-free telephone numbers, and minimum operating schedules, for KAXX and KADX, and for departing, without authorization, from the terms of the stations' authorizations. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''),4
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-273802A1.html
  • FRN: 0009644063 Facility ID # 62365 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 4, 2007 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Talknsports, Inc. ("Talknsports"), licensee of station WKFL, Bushnell, Florida, apparently willfully and repeatedly violated Section 73.1740(a)(4) of the Commission's Rules ("Rules") by failing to notify the Commission and submit a written request to discontinue operations for more than 30 days. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Talknsports is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. BACKGROUND 2. On February
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-312555A1.html
  • of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities." At the time of inspection, Station KLRG-AM was monitoring the National Weather Service but was not monitoring the two assignments specified in the State EAS Plan. b. 47 CFR S: 73.1740(a)(1): "All commercial broadcast stations are required to operate not less than the following minimum hours: AM and FM stations. Two-thirds of the total hours they are authorized to operate between 6 a.m. and 6 p.m. local time and two-thirds of the total hours they are authorized to operate between 6 p.m. and midnight, local time, each day of the week
• http://www.fcc.gov/eb/Orders/2001/da011920.doc http://www.fcc.gov/eb/Orders/2001/da011920.html
  • Section 11.35(a) and cites to a letter of admonishment issued by the Mass Media Bureau to Ms. Linda Reed, President of KHYM, Inc., dated April 22, 1998 ("KHYM, Inc."), as precedent. This argument lacks merit. The case Radio One cites involved violations of different rules. In the KHYM, Inc. case, the Mass Media Bureau admonished the licensee for violating Section 73.1740(a)(4) of the Rules by not adhering to a minimum operating schedule and failing to notify the Commission within 10 days of the limited or discontinued operation; and violation of Section 73.1560(d) of the Rules by operating at reduced power for more than 10 days without notifying the Commission of that fact. This case, by contrast, involves failure to install EAS
• http://www.fcc.gov/eb/Orders/2002/FCC-02-312A1.html
  • observed EAS equipment in a box in the transmitter building, but no EAS equipment was installed or operational. The inspection revealed numerous other rule violations, including, among other things: failure to operate at the station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. 73.1740(a)); failure to post the station license (47 C.F.R. 73.1230); failure to designate a chief operator (47 C.F.R. 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. 73.3526). 11. On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN was not in compliance with RFR exposure limits. The letter requested that prior
• http://www.fcc.gov/eb/Orders/2003/DA-03-3431A1.html
  • site at issue here substantially exceeded those parameters. 13 In the Matter of the Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 14 47 U.S.C. 503(b)(2)(D). 15 47 U.S.C. 503(b), 47 C.F.R. 1.80. 16 47 U.S.C. 301, 47 C.F.R. 73.1740. 17 47 C.F.R. 1.80. 18 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3431A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3431A1.doc
• http://www.fcc.gov/eb/Orders/2005/DA-05-106A1.html
  • in the inspection with respect to engineering matters) that each station is in compliance with all Rules and all terms and conditions of its Licenses. The Checklists will be used as a guide for conducting each inspection and making each certification. In the event that one or both of the RII Stations has temporarily discontinued operation pursuant to 47 C.F.R. 73.1740(a)(4), the inspection and certification will be delayed until operation is resumed on both stations, provided that any delay beyond sixty (60) days will be deemed a failure to certify. The failure by or inability of RII to so certify in any instance will result in enforcement action by the Bureau against RII, at the Bureau's discretion. 11. All certifications referenced
• http://www.fcc.gov/eb/Orders/2005/DA-05-614A1.html
  • Regional Director, Western Region, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-four thousand dollars ($24,000) to Chester P. Coleman c/o American Radio Brokers, Inc. (``Coleman''), San Francisco, California, licensee of stations KAXX (AM), Eagle River, Alaska, and KADX(FM), Houston, Alaska, for willful and repeated violation of Sections 73.1125(a) and (e), 73.1740(a)(1) and 73.1745(b) of the Commission's Rules (``Rules'').1 The noted violation involves failure by Coleman to maintain main studios, local or toll-free telephone numbers, and minimum operating schedules, for KAXX and KADX, and for departing, without authorization, from the terms of the stations' authorizations. 2. On December 10, 2004, the Resident Agent of the Commission's Anchorage Resident Agent Office of the
• http://www.fcc.gov/eb/Orders/2006/DA-06-664A1.html
  • support is buttressed by Alpine's acknowledgement that it failed to maintain a meaningful staff presence at the KWYS main studio between January 2004 and May 2004 while KWYS was off the air. A review of the Commission's records reveals that Alpine received no special temporary authorization to cease broadcasting for that period of time, as required by Sections 73.1635 and 73.1740 of the Rules, and no waiver of the Commission's main studio staffing requirements. 9. We have examined Alpine's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Alpine Broadcasting Limited Partnership willfully and repeated violated Section 73.1125 of the Rules. Considering the
• http://www.fcc.gov/eb/Public_Notices/da012948.html http://www.fcc.gov/eb/Public_Notices/da012948.pdf
  • Inc., Redding, CA (ASR 1018154). San Francisco, CA District Office (11/21/01). * Americom Las Vegas Limited Partnership, Carson City, NV (ASR 1011093). San Francisco, CA District Office (11/26/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.57 Remote Reading Antenna and Common Point Ammeters * Lancom, Inc., Scranton , PA. Philadelphia, PA District Office (11/13/01). * 47 C.F.R. 73.1740 Minimum Operating Schedule * Eagle Bluff Enterprises, Poplar Bluff, MO. Kansas City, MO District Office (11/28/01). * 47 C.F.R. 73.1820 Station Log * Cactus Communications, LLC, KKAY, White Castle, LA. Other violation: 47 C.F.R. 73.1870 (Chief Operator). New Orleans, LA District Office 11/15/01). * San Joaquin Radio Company, LLC, KAJZ, Merced, CA. San Francisco, CA District Office (11/15/01). 47 C.F.R.
• http://www.fcc.gov/fcc-bin/audio/DA-03-21A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-21A1.pdf
  • Division Media Bureau See A-O Broadcasting Corp., Notice of Apparent Liability, FCC 02-312, __ FCC Rcd ___ (rel. Nov. 18, 2002). Letter to Paul H. Brown, Esq., Ref. 1800B3-GDG (Aud. Div., June 25, 2002). See Implementation of Section 403(l) of the Telecommunications Act of 1996 (Silent Station Authorizations), 11 FCC Rcd 16599 (1996) (``Implementation Order''); see also 47 C.F.R. § 73.1740(c). See 47 U.S.C. § 153(6). See Letter to Carlos J. Lastra (Vid. Div., Sep. 14, 1999), recon. den., Letter to John A. Borsari, Esq. (Vid. Div., Nov. 14, 2000), rev. den., Carlos J. Lastra, Trustee, 16 FCC Rcd 17268 (2001), aff'd sub nom. Aerco Broadcasting Corporation v. FCC, Case No. 01-1466 (D.C. Cir., Nov. 21, 2002) (station license automatically forfeited
• http://www.fcc.gov/fcc-bin/audio/DA-03-748A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-748A1.pdf
  • Corporation IS DENIED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau Section 312(g) of the Act states that a broadcast license for any station failing to transmit broadcast signals for any consecutive twelve-month period expires at the end of that period, not withstanding any provision, term, or condition of the license to the contrary. See also 47 C.F.R. § 73.1740(c). Letter to Paul Brown, Esq., 18 FCC Rcd 35 (Aud. Ser. Div., 2003). Declaration of Mark Swalley, attached to Petition for Reconsideration. See 47 C.F.R. § 1.106(c). This rule is fundamental to the Commission's processes, encouraging applicants and others to provide complete information at an early stage, thereby minimizing the need for reconsideration proceedings and enabling the Commission's processes to
• http://www.fcc.gov/fcc-bin/audio/DA-06-1331A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1331A1.pdf
  • antenna is located is required, pursuant to 47 U.S.C. Section 303(q), to maintain the tower in the manner prescribed by our rules and the terms of the cancelled license. Sincerely, Peter H. Doyle Chief , Audio Division Media Bureau See Implementation of Section 403(l) of the Telecommunications Act of 1996, 11 FCC Rcd 16499 (1996); see also 47 C.F.R. § 73.1740(c). 47 U.S.C. § 312(g). See also Satellite Home Viewer Extension and Reauthorization Act of 2004, Pub.L. 108-447, Div. J., Title IX, § 213, 118 Stat. 3431 (Dec. 8, 2004). See 47 C.F.R. §§ 17.1 et seq. and 73.1213. See also Streamlining the Commission's Antenna Structure Clearance Procedure, WT Docket No. 95-5, 11 FCC Rcd 4272 (1995). Federal Communications Commission Washington,
• http://www.fcc.gov/fcc-bin/audio/DA-06-664A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-664A1.pdf
  • support is buttressed by Alpine's acknowledgement that it failed to maintain a meaningful staff presence at the KWYS main studio between January 2004 and May 2004 while KWYS was off the air. A review of the Commission's records reveals that Alpine received no special temporary authorization to cease broadcasting for that period of time, as required by Sections 73.1635 and 73.1740 of the Rules, and no waiver of the Commission's main studio staffing requirements. We have examined Alpine's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Alpine Broadcasting Limited Partnership willfully and repeated violated Section 73.1125 of the Rules. Considering the entire
• http://www.fcc.gov/fcc-bin/audio/DA-07-1358A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1358A1.pdf
  • to J.B. Davis, Reference 1800B3-ALM (MB Dec. 23, 2004). 47 U.S.C. § 312(g) (2003). Legislation revising Section 312(g) was enacted and took effect on December 8, 2004, long after cancellation of the WKPG(AM) license became final. See Consolidated Appropriations Act, 2005, Pub. L. No. 108-447, 118 Stat. 2809, Title IX, § 213(3) (2004). Reconsideration Decision at 2, citing 47 C.F.R. 73.1740(a)(1) and Silent Station Authorizations, Order, 11 FCC Rcd 16599, 16600 (1996). 47 U.S.C. § 405(a). See also 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.115(a). 47 C.F.R. § 1.115(d). See 47 C.F.R. § 1.4(b)(5). If the filing deadline falls on a weekend or holiday, the filing deadline is extended to the next business day. See 47 C.F.R. § 1.4(j). See
• http://www.fcc.gov/fcc-bin/audio/DA-08-2308A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2308A1.pdf
  • No. BLSTA-20070702AZF Request for Special Temporary Authority File No. BLFT-20080616AEH Application for License Dear Mr. Martin: This concerns the above-referenced application (the ``Application'') for license to cover construction permit filed June 16, 2008, by Community Bible Church (``CBC''), permittee of FM translator station W230BH (FX), Montauk, New York (``Station''). Accompanying the license application is CBC's Request for Waiver of Section 73.1740(c) of the Commission's Rules (``Request''), as amended on September 23, 2008, requesting that the Commission not declare that the Station's license had expired as a matter of law because the Station did not operate for a consecutive 12-month period. For the reasons stated below, we grant both the waiver request and the Application. Background. The initial construction permit for W230BH
• http://www.fcc.gov/fcc-bin/audio/DA-08-556A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-556A1.pdf
  • the hourly identification of an otherwise silent station. While it concedes that the Station's transmitter carrier continued to operate while the broadcast station was silent, Trinity maintains that ``there are no station identification requirements for subcarrier uses, and the subcarrier use was provided in accordance with the Commission's Rules.'' We agree. The Station was silent with authority pursuant to Section 73.1740 of the Rules. As noted by Trinity, nothing in our Rules requires an authorized silent station to continue station identifications while it is off-air. This holds true even if that station continues to operate its subcarrier. Accordingly, we find that Petitioners have failed to raise a substantial and material question of fact calling for further inquiry. Solicitation of Donations. Petitioners
• http://www.fcc.gov/fcc-bin/audio/DA-08-883A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-883A1.pdf
  • 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.1350 of the Rules, by engaging in operation of the Station at an unauthorized site; and willfully and repeatedly violated Section 73.1740 of the Rules, by leaving the Station silent without the proper authorization. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) and we grant the captioned WVUV(AM) license renewal application for a term of two years from the
• http://www.fcc.gov/fcc-bin/audio/DA-09-2202A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2202A1.pdf
  • specifying the new tower, and upon grant of the application, must apply for a license to cover the permit on Form 302-AM.'' The letter also advised that the STA was granted ``without prejudice as to whatever action the Commission may take'' with regard to its unauthorized construction and operation of the Station at its modified facilities. DISCUSSION License Expiration. Section 73.1740(c) of the Rules, which implements Section 312(g) of the Act, provides that the license of any broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. Moreover, Commission precedent makes it clear that
• http://www.fcc.gov/fcc-bin/audio/DA-09-2370A2.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2370A2.pdf
  • certification from the Engineer participating in the inspection with respect to engineering matters) that the Station is in compliance with all Rules and all terms and conditions of its licenses. The Checklists will be used as a guide for conducting such inspection and making such certification. In the event that WHEO(AM) has temporarily discontinued operation pursuant to 47 C.F.R. § 73.1740(a)(4), the inspection and certification will be delayed until operation is resumed on the Station, provided that any delay beyond sixty (60) days will be deemed a failure to certify. The failure or inability to so certify in any instance will result in referral of the matter to the Commission's Enforcement Bureau for enforcement action at that Bureau's discretion. 17. All
• http://www.fcc.gov/fcc-bin/audio/DA-09-2627A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2627A1.pdf
  • operation of KWMD at a variance from its license prior to the station's license renewal. First, between September 2003, and June 2004, it appears that KWMD was, for the most part, silent. See n.7, supra. However, AERS failed to file an STA or a notice to the Commission to reflect the station's silent status, as required by Sections 73.1635 and 73.1740 of the Rules. (47 C.F.R. § 73.1635 and 47 C.F.R. § 73.1740). Second, KWMD was apparently silent between February 26, 2005, and June 19, 2005, again without seeking a silent STA or providing notice to the Commission, as required by Section 73.1740 of the Rules. (47 C.F.R. § 73.1635 and 47 C.F.R. § 73.1740). See n.11, supra. Finally, AERS apparently
• http://www.fcc.gov/fcc-bin/audio/DA-10-308A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-308A1.pdf
  • 2007). File No. BR-20060310AGJ (filed Mar. 10, 2006). Robert Wynne filed an informal objection to the renewal of the Station's license on the grounds that the Station had been silent since 1999. See Letter to Ms. Dortch from Robert Wynne, President, Wynne Broadcasting Company, Inc. (Jul. 6, 2006) (``Informal Objection''). See 47 U.S.C. § 312(g); see also 47 C.F.R. § 73.1740(c)). The statute reads, ``If a broadcasting station fails to transmit broadcast signals for any consecutive 12-month period, then the station license granted for the operation of that broadcast station expires at the end of that period...except that the Commission may extend or reinstate such station license...for any other reason to promote equity and fairness.'' 47 U.S.C. § 312(g). See Letter
• http://www.fcc.gov/fcc-bin/audio/DA-11-690A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-690A1.pdf
  • taking or not taking the action in question, irrespective of any intent to violate the Rules. Licensee next argues that the Station did not broadcast from ``June 2007 ... until October 2007'' and that as such, no unauthorized operation occurred. We disagree. Class D stations are required to operate not less than the minimum operating hours set forth in Section 73.1740 of the Rules. If a licensee wants its station to go silent for more than 30 days, it must submit a request for authority to do so with the Commission. Here, Licensee failed to do so. As such, its Station's silent status was unauthorized. Licensee further states that the Station resumed broadcasting in October 2007 after Bureau staff informed Licensee
• http://www.fcc.gov/fcc-bin/audio/DA-12-167A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-167A1.pdf
  • and the Commission's Rules." Id. at 200. See South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the Station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the Station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern of abuse where ```the number, nature and extent' of the violations on the record, coupled with Licensee's apparent disregard for
• http://www.fcc.gov/fcc-bin/audio/DA-12-463A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-463A1.pdf
  • e.g., Colquitt Community Radio, Inc., Letter, 26 FCC Rcd 10243 (MB 2011) (Media Bureau not bound by a Wireless Telecommunications Bureau decision where Bureau case law on the relevant legal standard was well-developed). See Gardner, 530 F.2d at 1091. See Implementation of Section 403(l) of the Telecommunications Act of 1996, 11 FCC Rcd 16499 (1996); see also 47 C.F.R. § 73.1740(c). See Reinstatement Request at 3 n.3. In the 2012 Renewal Application, CWH certifies that the station is not on currently on the air but also that it has not been silent for any consecutive 12-month period. See 2012 Renewal Application, Section III, Items 5, 6. It also answers ``no'' to the certification that, during the preceding license term, the station
• http://www.fcc.gov/fcc-bin/audio/DA-12-623A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-623A1.pdf
  • this Forfeiture Order, the Media Bureau (``Bureau'') issues a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to South Seas Broadcasting, Inc. (``South Seas'') for (1) willfully and repeatedly violating Section 73.1350 of the Commission's rules (``rules''), by engaging in operation of Station WVUV(AM), Leone, American Samoa (``Station''), at an unauthorized site; (2) willfully and repeatedly violating Section 73.1740 of the rules, by leaving the Station silent without proper authorization; and (3) willfully and repeatedly violating Section 73.1015 of the rules, by failing to respond to Commission communications. background During the last renewal cycle, South Seas timely filed the above-captioned application to renew the Station's license (``Renewal Application''). District Council Assemblies of God in American Samoa (``District Council'') filed
• http://www.fcc.gov/fcc-bin/audio/DA-12-751A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-751A1.pdf
  • Commission's radiofrequency radiation exposure guidelines at two stations); South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern of abuse where ```the number, nature and extent' of the violations on the record, coupled with licensee's apparent disregard for
• http://www.fcc.gov/fcc-bin/audio/DA-12-752A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-752A1.pdf
  • Commission's radiofrequency radiation exposure guidelines at two stations); South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern of abuse where ```the number, nature and extent' of the violations on the record, coupled with the licensee's apparent disregard
• http://www.fcc.gov/fcc-bin/audio/DA-12-932A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-932A1.pdf
  • unresolved. Id. at Section II, Question 2. 24 FCC Rcd at 8253-54 (¶¶ 50-54). Id. at 8255-56 (¶¶ 56-60). Id. at 8257-58 (¶¶ 72-78). 47 U.S.C. § 301. 47 U.S.C. § 312(g)(1996). See Aerco Broadcasting Corp. v. FCC, 51 Fed. Appx. 23 (D.C. Cir. 2002) (per curiam) (the effect of Section 312(g) is license forfeiture). See also 47 C.F.R. § 73.1740(c). Subsequently, Congress amended Section 312(g) by adding language giving the Commission the discretion to extend or reinstate a license in order to, inter alia, ``promote equity and fairness.'' 47 U.S.C. § 312(g) (2004) (amended by Consolidated Appropriations Act, 2005, Pub.L. No. 108-447, 118 Stat. 2809 (2004)). Eagle Broadcasting Group, Ltd. v. FCC, 563 F.3d 543, 553 (D.C. Cir. 2009). See
• http://www.fcc.gov/fcc-bin/audio/DA-12-986A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-986A1.pdf
  • be sent, by First Class and Certified Mail, Return Receipt Requested, to Bethany College, WVBC(FM), Bethany, WV 26032, and to its counsel, Frederick A. Polner, Esq., Polner Law Office, 16 Forest Hills Dr., Madison, CT 06443. FEDERAL COMMUNICATIONS COMMISSION Peter H. Doyle Chief, Audio Division Media Bureau 47 C.F.R. § 73.561. The NAL mistakenly referred to a violation of Section 73.1740, which specifies the minimum operating requirements for commercial FM stations. However, Section 73.1740(b) references Section 73.561 as the appropriate rule in the NCE context, and there is not substantive difference in result in the present case. 47 C.F.R. § 73.3539. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. MB201241410031 (MB April 27, 2012) (``NAL''). See 47 C.F.R. §§ 73.1020, 73.3539(a).
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  • modification of the station's license IS DISMISSED AS MOOT. If KVEZ is currently operating, it is hereby advised to cease such operations immediately and to maintain any required tower painting and lighting until the facilities are dismantled. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: FCC Enforcement Bureau/San Diego 47 U.S.C. § 312(g). See also 47 C.F.R. § 73.1740(c). See Implementation of Section 403(l) of the Telecommunications Act of 1996, 11 FCC Rcd 16599, 16601 (1996). 47 U.S.C. § 301. See Paul Brown, Esq. (KTMN), 18 FCC Rcd 318 (MB 2003); Idaho Broadcasting Consortium, 16 FCC Rcd 1721, 1723 (MMB 2001). < M O R X i p z œ ¡ Ö á û ü ý N O héy
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  • condemnation process concluded with a court's February 22, 2004, Declaration of Taking and with the subsequent settlement between the site owner and NJMC fixing compensation for the condemned property. Supplement at Attachment 5. Rose City apparently is still operating from the Lyndhurst site, however, as it has not notified the Commission of any silence in accordance with 47 C.F.R. § 73.1740(a)(4). Request at 2. Request at 2-3. It is not entirely clear whether Rose City is still claiming site assurances sufficient to pursue the pending application. If Rose City had such assurances when it applied but has since lost those assurances, it would be required to amend pursuant to 47 C.F.R. § 1.65. Request at 5. 1998 Biennial Regulatory Review -
• http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.pdf
  • periods of such simultaneous operations. We seek comment on how any proposed rule should differ, if at all, for AM radio stations. There are a host of other programming and operational rules that are relevant here. These include: (1) Sections 73.132 and 73.232 -territorial exclusivity for AM and FM stations; (2) Section 76.1208-broadcast of taped or recorded material; (3) Section 73.1740-minimum hours of operation; (4) Section 76.1212--sponsorship identification; (5) Section 76.4180-payment disclosure; (6) Section 73.4055-cigarette advertising; and (7) Section 508 of the Act-prohibited contest practices. We tentatively conclude that the conversion to DAB will not require changes to the content of these regulations. However, we seek comment on how the rules should be applied to multicast services and whether the requirements
• http://www.fcc.gov/fcc-bin/audio/FCC-06-169A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-169A1.pdf
  • the staff and public's consideration of WVIS(FM)'s operation in the public interest, VISC must file written status reports with the Commission's Secretary and place copies in its public inspection file every 90 days following the filing of its license renewal application. In the reports, VISC must either certify that the station has complied with the minimum operating schedule in Section 73.1740 at all times since its last report or, if not, detail the extent of the station's operations within that period. The station's most recent issues/program list, prepared in accordance with Section 73.3526(e)(12), should be included with each report submitted to the Commission. III. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, That the Application for Review filed on September 24, 2002,
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  • take their place). By letter dated November 20, 2001, A-O filed a notification that it had gone off the air for a period less than 30 days due to a computer failure. Stations that are silent for more than ten days, but fewer than 30 days, must notify the Commission but need not obtain silence authority. See 47 C.F.R. § 73.1740(a)(4). A-O's silence notification reached the Commission on January 9, 2002, and apparently was routed to the Enforcement Bureau, which had required the station to cease operating, rather than to the Media Bureau which grants authority to remain silent for periods over 30 days. See A-O Broadcasting, Notice of Apparent Liability, 17 FCC Rcd 24184 (2002) (``2002 NAL Order''), forfeiture issued,
• http://www.fcc.gov/fcc-bin/audio/FCC-08-9A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-9A1.pdf
  • Appropriations Act, 2005, Pub. L. No. 108-447, 118 Stat. 2809, Title IX, § 213 (2004). 47 U.S.C. § 312(g) (1996) amended by id. See Aerco Broadcasting Corp. v. FCC, 51 Fed. Appx. 23 (D.C. Cir. 2002) (per curiam) (the effect of Section 312(g) is license forfeiture). The Commission codified Section 312(g) in several of its rules. E.g., 47 C.F.R. § 73.1740(c). See Silent Station Authorizations, Order, 11 FCC Rcd 16599 (1996). 47 U.S.C. § 153(6). See WYCQ, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16900, 16902-03 (2003); OCC Acquisitions, Inc., Memorandum Opinion and Order, 17 FCC Rcd 6147, 6151 (2002), aff'd per curiam, OCC Acquisitions, Inc. v. FCC, 64 Fed. Appx. 790 (D.C. Cir. 2003); Silent Station Authorizations, 11 FCC
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/95-412.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/95-412.pdf
  • is filed as prescribed in the particular rules. See §73.62, Directional antenna system tolerances; §73.157, Antenna testing during daytime; §73.158, Directional antenna monitoring points; §73.691, Visual modulation monitoring; §73.1250, Broadcasting emergency information; §73.1350, Transmission system operation; §73.1560, Operating power and mode tolerances; §73.1570, Modulation levels: AM, FM, and TV aural; §73.1615, Operation during modification of facilities; §73.1680, Emergency antennas; and §73.1740, Minimum operating schedule. * * * * * Section 73.1820 is amended by revising paragraphs (a) introductory text (a)(2)(iii), by removing paragraphs (b)(4), (b)(5) and (b)(6), redesignating paragraphs (b)(7) and (b)(8) as paragraphs (b)(4) and (b)(5), respectively and revising newly designated paragraph (b)(4) to read as follows: §73.1820 Station log. (a) Entries must be made in the station log either
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/96-113.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/96-113.pdf
  • causing the interference migrates to the expanded band. Improvement factors relate to both nighttime and daytime interference conditions and the ratio used to calculate a station's improvement factor consists of two separate additive components, one for nighttime and one for daytime. See 47 C.F.R. 73.35. The Commission requires all licensees to maintain a minimum operating schedule. See 47 C.F.R. Section 73.1740. WGNY argues that the Commission accorded federal travellers information stations co-primary status on a permanent basis "without the slightest indication that this co-primary status is only temporary." WGNY clearly misreads our intention. In footnote 3 of the Order, the Commission specifically limited the protection of these stations to an undetermined but limited time. We stated: We are sensitive to concerns
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • 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. [557]TEXT [558]PDF 73.1735 AM station operation pre-sunrise and post-sunset. [559]TEXT [560]PDF 73.1740 Minimum operating schedule. [561]TEXT [562]PDF 73.1745 Unauthorized operation. [563]TEXT [564]PDF 73.1750 Discontinuance of operation. [565]TEXT [566]PDF 73.1800 General requirements related to the station log. [567]TEXT [568]PDF 73.1820 Station log. [569]TEXT [570]PDF 73.1835 Special technical records. [571]TEXT [572]PDF 73.1840 Retention of logs. [573]TEXT [574]PDF 73.1870 Chief operators. [575]TEXT [576]PDF 73.1910 Fairness Doctrine. [577]TEXT [578]PDF 73.1940 Legally qualified candidates for public office.
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • 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. [510]TEXT [511]PDF 73.1735 AM station operation pre-sunrise and post-sunset. [512]TEXT [513]PDF 73.1740 Minimum operating schedule. [514]TEXT [515]PDF 73.1745 Unauthorized operation. [516]TEXT [517]PDF 73.1750 Discontinuance of operation. [518]TEXT [519]PDF 73.1800 General requirements related to the station log. [520]TEXT [521]PDF 73.1820 Station log. [522]TEXT [523]PDF 73.1835 Special technical records. [524]TEXT [525]PDF 73.1840 Retention of logs. [526]TEXT [527]PDF 73.1870 Chief operators. [528]TEXT [529]PDF 73.1910 Fairness Doctrine. [530]TEXT [531]PDF 73.1940 Legally qualified candidates for public office.
• http://www.fcc.gov/ogc/documents/opinions/2005/04-1274-102505.pdf
  • its discussion by observing that § 73.1150, on its face, "applies exclusively to contracts executed 6 1According to the Commission, had the station not resumed operations by October 18, 2001, twelve months after going silent, its license would have expired by operation of law. Kidd, 19 F.C.C.R. at 13,590 & n.45; see also 47 U.S.C. § 312(g); 47 C.F.R. § 73.1740(c). At oral argument, however, the FCC conceded that Kidd could have applied for a waiver of this provision. See 47 U.S.C. § 312(g). in conjunction with the transfer of a station," and not to contracts executed in conjunction with the settlement of litigation two years after such a transfer. See id. at 13,586­87. It noted that the predecessors to §