FCC Web Documents citing 73.3526

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

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  • March 22, 2006 (transmitted by letter from Robert J. Rini, Esq., Rini Coran P.C. to Tom Hutton, Assistant Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, dated March 23, 2006) (``Complainant's Reply''). See Response Cover Letter at 2. See id. at 2-3. See id. See 47 C.F.R. � 73.3527. Comparable requirements also apply to commercial stations. See 47 C.F.R. � 73.3526. 47 C.F.R. � 73.3527(b) & (c). See 47 C.F.R. � 73.3527(e). See Response Cover Letter at 2. See LOI Response at 5-6. Thomas P. Brunnock, Letter Ruling, 50 RR.2d 1313, 1314 (1982). Accord Riverside Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 15 FCC Rcd 18322, 18323 � 5 (Enf. Bur., Investigations & Hearings Div. 2000). LOI Response at 6.
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  • FRN: 0005014667 ORDER Adopted: March 14, 2007 Released: March 16, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Order, we cancel a monetary forfeiture in the amount of ten thousand dollars ($10,000) to KM Television of Flagstaff, L.L.C. (``KM TV''), licensee of Television station KCFG serving Flagstaff, Arizona, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). On March 20, 2006, the Enforcement Bureau's San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to KM TV for failing to maintain a complete public inspection for KCVG. In this Order, we consider KM TV's arguments that the proposed forfeiture amount exceeds other forfeitures proposed to
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  • 22, 2007 Released: March 29, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Community Broadcast Group, Inc., (``Community'') licensee of AM Broadcast Radio station KZEY, in Tyler, Texas, for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. II. BACKGROUND On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') conducted an inspection of station KZEY's main studio located in Tyler,
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  • 30, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand, four hundred dollars ($6,400) to Una Vez Mas Las Vegas License, LLC (``Una Vez''), licensee of Class A Television Broadcast station KHDF-CA, serving Las Vegas, Nevada, for willfully and repeatedly violating Section 73.3526 of the Commission's Rules (Rules). On August 9, 2006, the Enforcement Bureau's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Una Vez for failing to maintain a complete public inspection file. In this Order, we consider Una Vez's arguments that the proposed forfeiture amount exceeds other forfeitures proposed to broadcast
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  • FORFEITURE ORDER Adopted: January 24, 2007 Released: January 26, 2007 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA, in Vega Baja, Puerto Rico, for willful violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves A Radio's failure to make available a complete public inspection file. 2. On November 29, 2006, the Commission's San Juan Office of the Enforcement Bureau (``San Juan Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to A Radio. A Radio has not filed a
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  • 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Wilson Broadcasting, Inc. (``Wilson''), licensee of station WJJN-FM, in Columbia, Alabama and stations WAGF (AM) and WAGF-FM in Dothan, Alabama (``Three Stations''), for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Wilson's failure to maintain complete public inspection files. II. BACKGROUND The Three Stations are co-located in one main studio. On January 23, 2007, an agent from the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') requested to inspect the Three Stations' public inspection files during normal business hours. The stations'
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  • May 4, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand two hundred dollars ($11,200) to HRN Broadcasting, Inc. (``HRN''), licensee of AM broadcast station WZGM in Black Mountain, North Carolina, for willful and repeated violation of Sections 73.1745(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve HRN's operation with power other than as specified and made a part of its license and failure to make available a public inspection file. II. BACKGROUND In response to a complaint that HRN was not reducing its transmitting power during nighttime hours, on February 27 and 28, 2006, an agent of
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  • suit, it could generate a conflict that might affect his ability to represent Beasley. This e-mail was a redacted, privileged communication not required to be placed in WQAM(AM)'s public inspection file but apparently was placed there by mistake. Under these circumstances, there is no merit to the Complainant's argument that it was improperly removed from the public file. Although Section 73.3526(e)(10) of the Commission's rules requires retention of documents having a substantial bearing on a Commission investigation or complaint, this rule provision is not applicable to the e-mail correspondence between Beasley and Mr. Kent. As discussed above, the record does not substantiate the Complainant's allegations that Mr. Kent's lawsuit was filed at the direction of Beasley in order to threaten or
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  • and deny in part the Petition for Reconsideration filed by Blountstown Communications, Inc. (``Blountstown''), licensee of Stations WYBT (AM) and WPHK (FM), Blountstown, Florida. Blountstown seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000), for willful violations of Sections 11.35, 73.49, and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations involve Blountstown's failure to ensure operational Emergency Alert System (``EAS'') equipment, failure to enclose the AM station's antenna tower within an effective locked fence, and failure to make available a complete public file. For the reasons discussed below, we reduce the forfeiture amount from $25,000 to $12,480. II. BACKGROUND On April 7,
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  • Opinion and Order ("Order") we deny the petition for reconsideration filed by Rama Communications, Inc. (``Rama''), licensee of Station WLAA(AM), Winter Garden, Florida. Rama seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found Rama liable for a monetary forfeiture in the amount of eighteen thousand dollars ($18,000), for willful and repeated violations of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to ensure operational Emergency Alert System (``EAS'') equipment, and its failure to make available a complete public file. We reject Rama's arguments and therefore affirm the assessment of a forfeiture of $18,000. II. BACKGROUND On March 5, 2004, the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice
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  • 0003791456 FORFEITURE ORDER Adopted: June 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand, four hundred dollars ($2,400) to KITZ Radio, Inc. (``KITZ Radio''), licensee of station KITZ(AM) in Silverdale, Washington, for willfully and repeatedly violating Section 73.3526 of the Commission's Rules (``Rules''). On August 23, 2006, the Enforcement Bureau's Seattle Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to KITZ Radio for failing to maintain a complete public inspection file for KITZ(AM). In this Order, we consider KITZ Radio's arguments that the facts as described in the NAL are incorrect;
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  • 0003791456 FORFEITURE ORDER Adopted: June 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand, four hundred dollars ($2,400) to KITZ Radio, Inc. (``KITZ Radio''), licensee of station KGTK(AM) in Olympia, Washington, for willfully and repeatedly violating Section 73.3526 of the Commission's Rules (``Rules''). On September 1, 2006, the Enforcement Bureau's Seattle Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to KITZ Radio for failing to maintain a complete public inspection file for KGTK(AM). In this Order, we consider KITZ Radio's arguments that the facts as described in the NAL are incorrect;
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  • By this Memorandum Opinion and Order (``Order''), we deny a Petition for Reconsideration, filed on July 1, 2004, by Greenwood Acres Baptist Church (``Greenwood''), licensee of AM broadcast station KASO, Minden, Louisiana. Greenwood seeks reconsideration of a Forfeiture Order in which Greenwood was assessed the amount of thirteen thousand six hundred dollars ($13,600) for willful violation of Sections 73.49 and 73.3526(a)(2) of the Commission's (``Rules''). The noted violations involve Greenwood's failure to maintain an effective locked fence enclosing its antenna structure and failure to maintain all required material in its public inspection file. For the reasons discussed below, we affirm the monetary forfeiture amount of $13,600. BACKGROUND On September 12, 2002, an agent (``field agent'') from the Commission's New Orleans, Louisiana
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  • ORDER Adopted: July 30, 2007 Released: August 1, 2007 By the Regional Director, South Central Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to Ora Roberts Smallwood, III, the licensee of AM radio station WCRR in Rural Retreat, Virginia, for willful violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Mr. Smallwood's failure to maintain operational receiving equipment for required Emergency Alert System (``EAS'') monitoring functions and failure to make available a complete public inspection file. background On June 22, 2006, an agent from the Commission's Norfolk Office of the Enforcement Bureau (``Norfolk Office'') conducted a main studio inspection of radio
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  • August 10, 2007 By the Regional Director, South Central Region, Enforcement Bureau: In this Memorandum Opinion and Order (``Order''), we cancel three four thousand dollar ($4,000) notices of apparent liability issued to Georgia Eagle Broadcasting, Inc., licensee of stations WCEH(AM) and WRPG(FM) in Hawkinsville, Georgia and station WQXZ(FM) in Pinehurst, Georgia (``Georgia Eagle''), for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The apparent violations involved Georgia Eagle's failure to maintain and make available complete public inspection files. In response to the NALs, Georgia Eagle stated that it acquired its licenses in early first quarter 2007 and therefore on May 9, 2007, each station was only missing an issues programs list for part of one quarter. Based
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  • 0011407814 Adopted: August 16, 2007 Released: August 20, 2007 By the Associate Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and 127, Inc. (``127''), licensee of station KLFJ, Springfield, Missouri. The Consent Decree terminates an investigation by the Bureau against 127 for possible violations of Sections 73.1125(a), 73.1745, and 73.3526 of the Commission's Rules (``Rules''). The Bureau and 127 have negotiated the terms of a Consent Decree that resolves this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence relating to this matter, we conclude that there
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  • we deny the petition for reconsideration filed by Wilson Broadcasting, Inc. (``Wilson''), licensee of station WJJN-FM, in Columbia, Alabama and stations WAGF (AM) and WAGF-FM in Dothan, Alabama (``Three Stations''), of the Forfeiture Order issued April 23, 2007. The Forfeiture Order imposed a monetary forfeiture in the amount of $12,000 on Wilson for the willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violations involved Wilson's failure to maintain complete public inspection files for the Three Stations. II. BACKGROUND The Three Stations are co-located in one main studio. On January 23, 2007, an agent from the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') requested to inspect the Three Stations' public inspection files during normal
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  • in part and deny in part the petition for reconsideration filed by A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA in Vega Baja, Puerto Rico, of the Forfeiture Order issued November 3, 2006. The Forfeiture Order imposed a monetary forfeiture in the amount of $15,000 on A Radio for the willful violation of Sections 73.49 and 73.3526 of the Rules and the willful and repeated violation of Section 73.1350(a) of the Rules. The noted violations involved A Radio's failure to enclose an antenna tower having radio frequency potential at the base within an effective locked fence, its failure to make available a complete public inspection file, and its failure to operate its station in accordance with the
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  • Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand five hundred dollars ($3,500) to Flagship Communications, Inc. (``Flagship''), the licensee of AM radio station WNWF in Destin, Florida, for willful and repeated violation of Section 17.57 of the Commission's Rules (``Rules'') and for willful violation of Section 73.3526 of the Rules. The noted violations involve Flagship's failure to notify the Commission of a change in ownership information for antenna structure # 1226311 and its failure to make available a complete public inspection file. II. BACKGROUND On November 30, 2005, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') conducted an inspection of AM radio station
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  • FRN 0002068641 FORFEITURE ORDER Adopted: September 5, 2007 Released: September 7, 2007 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Radio Wise, Inc. (``Wise''), licensee of AM broadcast station WNVA in Norton, Virginia,, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves Wise's failure to maintain and make available a complete public inspection file. 2. On July 20, 2007, the Commission's Norfolk Office of the Enforcement Bureau (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Wise. Wise has not filed a response to the
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  • ORDER Adopted: September 7, 2007 Released: September 11, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Broadcast Entertainment Corporation ("BEC"), former licensee of stations KICA(AM) and KKYC(FM) serving Clovis, New Mexico, for willful and repeated violation of Section 73.3526 of the Commission's Rules ("Rules"). On June 18, 2007, the Enforcement Bureau's Denver Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to BEC for failing to maintain a complete public inspection file for each station. In this Order, we consider BEC's arguments that the proposed forfeiture amount should be cancelled because BEC is
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  • we dismiss the Petition for Reconsideration filed by Community Broadcast Group, Inc., (``Community'') licensee of AM Broadcast Radio station KZEY, in Tyler, Texas. Community seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. For the reasons provided below, we dismiss Community's petition for reconsideration as untimely. BACKGROUND On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement Bureau (``Dallas
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  • Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed by 127, Inc. of the Forfeiture Order issued September 6, 2006. The Forfeiture Order imposed a monetary forfeiture in the amount of $16,800 on 127, Inc. for the willful and repeated violation of Sections 73.1125(a) and 73.1745 of the Commission's Rules (``Rules'') and the willful violation of Section 73.3526(a) of the Rules. The noted violations involved 127, Inc.'s failure to maintain a main studio, operating overpower during nighttime hours, and failure to make available for inspection the station's public inspection file. II. BACKGROUND In response to a report of a violation, on December 13 and 14, 2005, an agent from the Commission's Kansas City Office of the Enforcement Bureau
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  • March 2, 2007 Released: March 8, 2007 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand six hundred dollars ($9,600) to Frank R. Truatt (``Truatt''), the licensee of AM station WTBQ in Warwick, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1590(a)(6), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain fully operational Emergency Alert System (``EAS'') equipment, failing to conduct the annual transmitter equipment performance measurements, and failing to maintain a radio issues/programs list in the station's public inspection file. BACKGROUND On September 15, 2005, an agent from the Commission's New York Office conducted an inspection with Truatt at WTBQ's main
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  • adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Wilson Broadcasting, Inc. (``Wilson''), licensee of station WJJN-FM, in Columbia, Alabama and stations WAGF (AM) and WAGF-FM in Dothan, Alabama (the ``Three Stations''). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (``NAL'') by the Bureau against Wilson for possible violations of Section 73.3526 of the Commission's Rules (``Rules'') regarding public inspection file requirements. The Bureau and Wilson have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would
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  • 001-52288-93 FORFEITURE ORDER Adopted: May 20, 2008 Released: May 22, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Phillips Broadcasting, LLC (``Phillips''), licensee of stations WAOC and WFOY, in St. Augustine, Florida, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves Phillips' failure to maintain and make available complete public inspection files. 2. On April 10, 2008, the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Phillips. Phillips has not filed a response to the NAL.
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  • a history of compliance with the Commission's Rules ``under the current licensee.'' The NAL, in this case was issued to Western Slope, not KRGS(AM). Western Slope is commonly owned with WS Communications, LLC, which was assessed a $4,000 forfeiture by the Enforcement Bureau in 2000, for willful and repeated violation of the Commission's public inspection file requirements found in Section 73.3526 of the Rules. Because of the relationship between and the common control of Western Slope and WS Communications, LLC, we find that reduction of the forfeiture based on a history of compliance is not warranted. Western Slope also asserts that its failure to notify the Commission of the change in ownership of antenna structure number was an ``inadvertent error'' that
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  • FORFEITURE ORDER Adopted: June 27, 2008 Released: July 1, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to D-Mitch Broadcasting, Inc. (``D-Mitch''), licensee of station WBSC (AM), in Bennettsville, South Carolina for willful and repeated violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve D-Mitch's failure to maintain operational Emergency Alert System (``EAS'') equipment and failure to maintain and make available a complete public inspection file. 2. On May 2, 2008, the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000
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  • reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). Id. 47 C.F.R � 73.1225(a). 47 C.F.R � 73.3526(b),(c). 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 73.49. 47 U.S.C. � 504(a). Federal Communications Commission DA 08-1755 Federal Communications Commission DA 08-1755 1 $ � "
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  • Adopted: July 29, 2008 Released: July 31, 2008 By the Regional Director, Western Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to MBR Licensee, LLC (``MBR''), licensee of station KIQQ(AM) in Barstow, California, and station KIQQ-FM in Newberry Springs, California, for willful and repeated violations of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves MBR's failure to maintain a complete public inspection file. 2. On May 30, 2008, the Enforcement Bureau's Los Angeles District Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to MBR for failing to maintain a complete public inspection file, in violation of Section 73.3526
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  • 0015736143 FORFEITURE ORDER Adopted: September 11, 2008 Released: September 15, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) to New World, L.L.C. (``New World''), licensee of station KZTD-AM serving Cabot, Arkansas, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves New World's failure to maintain and make available a public inspection file. II. BACKGROUND On July 17, 2007, in response to a complaint, agents from the Commission's New Orleans Office of the Enforcement Bureau (``New Orleans Office'') inspected station KZTD-AM at its main studio in Cabot, Arkansas. Station KZTD-AM's General Manager,
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  • 200832500004 FRN: 0004931952 FORFEITURE ORDER Adopted: September 11, 2008 Released: September 15, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Mark V. Aulabaugh, licensee of stations KSEY and KSEY-FM, in Seymour, Texas, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves Mr. Aulabaugh's failure to maintain and make available complete public inspection files. 2. On June 18, 2008, the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mr. Aulabaugh. Mr. Aulabaugh has not filed a response
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  • Released: February 22, 2008 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Lazer Licenses, LLC, (``Lazer''), the licensee of stations KSBQ(AM), Santa Maria, California, KLMM-FM, Morro Bay, California and KLUN-FM, Paso Robles, California, for willfully and repeatedly violating Section 73.3526 of the Commission's Rules (``Rules''). On May 17, 2007, the Enforcement Bureau's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000 to Lazer for failing to maintain complete public inspection files. In this Order, we consider Lazer's arguments that the missing portions of their public inspection files were timely prepared but could
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  • 000-50080-16 00-50080-16 FORFEITURE ORDER Adopted: October 15, 2008 Released: October 17, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of sixteen thousand dollars ($16,000) to Rama Communications, Inc. (``Rama''), licensee of station WLAA, in Ocoee, Florida, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to maintain an operational Emergency Alert System (``EAS'') and failure to maintain and make available complete public inspection files. 2. On August 4, 2008, the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $16,000 to
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  • 2008 Released: October 28, 2008 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800) to Viva Communications Group, LLC (``Viva''), licensee of AM radio station WSDE, Cobleskill, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to sign off at local sunset time, failing to maintain daytime operating power at more than 90% of the authorized power, and failing to maintain a complete public inspection file. On December 20, 2007, the Buffalo Field Office issued a Notice of Apparent Liability
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  • 5, 2008 Released: November 7, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) to Star Power Communications Corporation (``Star Power''), licensee of station WIQR(AM), in Prattville, Alabama, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Star Power's failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain and make available a complete public inspection file. We also admonish Star Power for its repeated violation of Section 73.1350(a) of the Rules. II. BACKGROUND On August 30, 2007, agents of the Commission's Atlanta Office of
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  • February 26, 2008. The agents also observed that the perimeter property fence gate still remained open and lying on the ground. On September 24, 2008, the Tampa Office issued a Notice of Apparent Liability for Forfeiture to Black Crow in the amount of twenty-three thousand dollars ($23,000) for the apparent willful and repeated violation of Sections 11.35(a), 73.44(b), 73.49 and 73.3526 of the Rules. In response to the NAL, Black Crow admitted that it violated Sections 11.35(a) and 73.3526 of the Rules and submitted a payment in the amount of $12,000 for those violations. Black Crow, however, requested cancellation or reduction of the remaining $11,000 proposed forfeiture. DISCUSSION The proposed forfeiture amount in this case was assessed in accordance with Section
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  • January 7, 2008 Released: January 9, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) to West Helena Broadcasters, Inc. (``Broadcasters, Inc.''), licensee of station KCLT-FM, in West Helena, Arkansas, for willful and repeated violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Broadcasters, Inc.'s failure to have an operational Emergency Alert System (``EAS'') and failure to maintain and make available a complete public inspection file. II. BACKGROUND On August 22, 2007, in response to a complaint, an agent from the Commission's New Orleans Office of the Enforcement Bureau (``New Orleans Office'') inspected station
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  • Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty five thousand dollars ($25,000) to Rama Communications, Inc. (``Rama''), licensee of station WOKB, in Winter Garden, Florida and owner of antenna structure numbers 1045401, 1045403 and 1045404, for willful and repeated violation of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to clean or repaint its antenna structures as often as necessary to maintain good visibility, failure to enclose the antenna tower within an effective locked fence or enclosure, operation at times with power other than those specified in its the license, and failure to maintain and make available a
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  • for Reconsideration (``Petition'') filed on March 24, 2008, by Lazer Licenses, LLC, (``Lazer''), the licensee of stations KSBQ(AM), Santa Maria, California, KLMM-FM, Morro Bay, California and KLUN-FM, Paso Robles, California, of a Forfeiture Order issued by the Western Region (``Region'') of the Enforcement Bureau, imposing an eight thousand dollar ($8,000) forfeiture against Lazer, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation concerned Lazer's failure to maintain complete public inspection files for KSBQ(AM), KLMM-FM, and KLUN-FM. For the reasons discussed below, we deny Lazer's Petition and affirm the forfeiture. II. BACKGROUND On March 6, 2007, an agent of the Enforcement Bureau's Los Angeles Office conducted inspections of the public inspection files for stations KSBQ(AM),
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  • a Petition for Reconsideration (``Petition'') filed on October 10, 2007, by Broadcast Entertainment Corporation (``BEC''), former licensee former licensee of stations KICA(AM) and KKYC(FM) serving Clovis, New Mexico, of a Forfeiture Order issued by the Western Region (``Region'') of the Enforcement Bureau, imposing an eight thousand dollar ($8,000) monetary forfeiture penalty against BEC for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves BEC's failure to maintain a complete public inspection file at each station. For the reasons discussed below, we cancel the forfeiture. We also admonish BEC for its willful and repeated violation of Section 73.3526 of the Rules. II. BACKGROUND On January 10, 2007, an agent from the Enforcement Bureau's Denver Office
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  • By the Associate Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA in Vega Baja, Puerto Rico. The Consent Decree terminates an investigation by the Bureau against A Radio for possible violations of Sections 73.49, 73.1350(a), and 73.3526 of the Commission's Rules (``Rules'') regarding antenna tower fencing and public inspection file requirements and operating with an unauthorized antenna pattern. The Bureau and A Radio have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and
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  • 80 FORFEITURE ORDER Adopted: July 24, 2009 Released: July 28, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to James J. Chladek (``Chladek''), licensee of AM radio station WXMC in Parsippany-Troy Hill, New Jersey, for willfully and repeatedly violating Section 73.3526(e)(12) of the Commission's Rules (``Rules) by failing to maintain radio issues/programs lists in the public inspection file. BACKGROUND On his most recent license renewal application (File No. BRED-20060201AQA) for station WXMC, granted May 26, 2006, Chladek certified that the station's quarterly issues/programs lists had not been timely placed in the public inspection file, and that the licensee had taken corrective
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  • 503(b)(2)(E). (stating that the Commission will generally reduce the assessed forfeiture amount ``based on the good faith corrective efforts of a violator when those actions were taken prior to Commission notification of the violation''). See e.g., Cayuga County Community College, Forfeiture Order, 2009 WL 1856467 (EB 2009). 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 09-1989 Federal Communications Commission DA 09-1989 < D I � " L �E ��
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  • ORDER Adopted: September 1, 2009 Released: September 3, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to Pentecostal Temple Development Corporation (``PTDC''), licensee of AM station WGBN, in New Kensington, Pennsylvania, for willfully and repeatedly violating Sections 73.1745(a), 1.903(a), and 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to operate its broadcast station in a manner which complies with the terms of the station authorization, operating a Studio Transmitter Link on an unauthorized frequency, and failing to maintain radio issues/programs lists in the station's public inspection file. BACKGROUND The license for WGBN specifies that PTDC must operate the station with a
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  • September 1, 2009 Released: September 3, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand four hundred dollars ($18,400) to Real Life Broadcasting (``Real Life''), licensee of station WIFI, in Florence, New Jersey, for willfully and repeatedly violating Sections 73.1745(a), 11.35, 73.49, and 73.3526(e)(12) of the Commission's Rules (``Rules'') by operating station WIFI with excessive power, failing to maintain an operational EAS system, failing to maintain an effective enclosure at the base of the WIFI tower, and failing to maintain issues/program lists in the public inspection file. In this Order, we consider Real Life's request for cancellation or reduction of the forfeiture amount based
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  • ground level. 47 C.F.R. � 17.7(a). Millworks' Tower required notification to the FAA because the structure exceeded 200 feet in height. Millworks incorrectly referred to the NAL as a Notice of Violation. No Notice of Violation was issued to Millworks by the New Orleans Office. 47 U.S.C. � 405. 47 C.F.R. � 1.106. 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.3526. 47 U.S.C. � 504(a). Federal Communications Commission DA 09-2101 Federal Communications Commission DA 09-2101 � 0 7 � 2K�
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  • radio direction-finding equipment. Agents are specially trained on how to confirm accurate radio bearings on signal sources in congested areas. In this case, the accuracy of the results is further supported by the fact that the same signal source was identified multiple times. � � Ȅ�� � 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 09-2239 Federal Communications Commission DA 09-2239 " 0
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  • 0003252848 FORFEITURE ORDER Adopted: January 12, 2009 Released: January 14, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION AND BACKGROUND In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Hensley Broadcasting, Inc. (``Hensley''), licensee of AM radio station WWII, Shiremanstown, Pennsylvania, for willfully and repeatedly violating Section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain issues/programs lists in the station's public inspection file. On January 22, 2008, the Philadelphia Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Hensley for failing to maintain an issues/programs list in the station's public inspection file for any quarter during 2006. In this
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  • Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``MO&O''), we grant in part and deny in part the petition for reconsideration filed by Rama Communications, Inc. (``Rama'') of the Forfeiture Order issued December 9, 2008. The Forfeiture Order imposed a monetary forfeiture in the amount of $25,000 for Rama's willful and repeated violations of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involved Rama's failure to clean or repaint its antenna structures as often as necessary to maintain good visibility, failure to enclose the antenna tower within an effective locked fence or enclosure, operation at times with power other than those specified in its the license, and failure to maintain and make available a
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  • and Order, 12 FCC Rcd 17087 (1997), reconsideration denied, 15 FCC Rcd 303 (1999) (``Forfeiture Policy Statement''). See 47 U.S.C. � 503(b)(2)(E). See NAL Response at 10 (asserting that Gaston College has an unblemished history of compliance with the FCC's rules). See 47 C.F.R. � 73.3527. We note that comparable requirements also apply to commercial stations. See 47 C.F.R. � 73.3526. 47 C.F.R. � 73.3527(b) & (c). See 47 C.F.R. � 73.3527(e). The Public and Broadcasting, 1999 WL 391297 (1999) at 12. In the Matter of Liability of KLDT-TV 55, Inc., Memorandum Opinion & Order, 10 FCC Rcd 3198, 3198-99 (1995). See M & R Enterprise, Inc, Notice of Apparent Liability for Forfeiture, 17 FCC Rcd 5897 (Enf. Bur. 2002) (citing
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  • U.S. v. Frank Neely, 595 F.Supp. 2d at 670-71 (finding sufficient grounds under Section 223(b)(3) of the SBREFA upon which to conclude that Neely is precluded from obtaining any relief under Section 223(a) of the SBREFA). See Frank Neely, Forfeiture Order, 23 FCC Rcd 11922 (Media Bur., Audio Div. 2008) (finding Neely liable for $9,000 for repeated violation of Section 73.3526 of the Commission's Rules); Frank Neely, Forfeiture Order, 19 FCC Rcd 16135 (Enf. Bur. 2004) (finding Neely liable for $4,000 for repeated violation of Section 73.1745(a) of the Commission's Rules), recons. denied, 22 FCC Rcd 1434 (Enf. Bur. 2007), aff'd in part, U.S. v. Frank Neely, supra notes 29 and 35. See NAL, 23 FCC Rcd at 14924-925, � 19
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  • October 25, 2010 Released: October 27, 2010 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand five hundred dollars ($3,500) to Stone/Collins Communications, Inc. (``Stone/Collins''), licensee of station WEPG(AM), in South Pittsburg, Tennessee, for willful and repeated violation of Sections 73.49 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Stone/Collins' failure to: (1) enclose the base of its AM antenna structure within an effective locked fence; and (2) maintain and make available a public inspection file at its main studio. II. BACKGROUND On August 19, 2009, agents of the Enforcement Bureau's Atlanta Office (``Atlanta Office'') accompanied by the station owner
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  • Adopted: October 25, 2010 Released: October 27, 2010 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand five hundred dollars ($5,500) to Rodgson, Inc. (``Rodgson''), licensee of station WSDQ(AM), in Dunlap, Tennessee, for willful and repeated violation of Sections 11.35, 73.49 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rodgson's failure to: (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose the base of its AM antenna structure within a locked fence; and (3) maintain and make available a public inspection file at its main studio. II. BACKGROUND On August 19, 2009, agents from the Enforcement Bureau's Atlanta Office
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  • FORFEITURE Adopted: October 29, 2010 Released: November 1, 2010 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Beacon Broadcasting, Inc. (``Beacon''), licensee of AM station WGRP, FM station WEXC, and aural studio transmitter link (``STL'') WQGW238, in Greenville, Pennsylvania, apparently willfully and repeatedly violated Sections 73.3526(e)(12), 73.1745(a) and 1.903(a) of the Commission's Rules (``Rules'') by failing to: (1) maintain radio issues/programs lists in the station's public inspection file; (2) operate its broadcast station in a manner which complies with the terms of the station authorization; and (3) operate an STL for Station WEXC on an authorized frequency. We conclude, pursuant to Section 503(b) of the Communications
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  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: November 3, 2010 Released: November 5, 2010 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (''NAL''), we find that Mapleton License of San Luis Obispo, LLC (``Mapleton''), licensee of FM station KXDZ, in Templeton, California, apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to maintain a complete public inspection file. We conclude that Mapleton License of San Luis Obispo, LLC, is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On February 24, 2010, an agent from the Enforcement Bureau's Los Angeles Office inspected the main studio of Station KXDZ, located in San
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  • November 8, 2010 Released: November 10, 2010 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Daniel D. Smith, licensee of station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas, apparently willfully and repeatedly violated Sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules (``Rules'') by failing to: (1) maintain operational emergency alert system (``EAS'') equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file. We conclude that Mr. Smith is apparently liable
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  • By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seventeen thousand, five hundred dollars ($17,500) to Mt. Rushmore Broadcasting, Inc. ("Mt. Rushmore"), licensee of stations KRAL(AM) and KIQZ(FM) serving Rawlins, Wyoming, for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''), Section 73.3526 of the Rules, and Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. On December 10, 2008, the Enforcement Bureau's Denver Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Mt. Rushmore for failing to ensure the operational readiness of the KRAL(AM) and KIQZ(FM) Emergency Alert System ("EAS") equipment; for failing to maintain a
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  • FORFEITURE ORDER Adopted: January 7, 2010 Released: January 11, 2010 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5000) to R-S Broadcasting Company, Inc. (``R-S Broadcasting''), licensee of FM station WCWV, in Summersville, West Virginia, for willfully and repeatedly violating Section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain radio issues/programs lists in the station's public inspection file. In this Order, we consider R-S Broadcasting's arguments that the violation occurred as a result of oversight by new management, and that the forfeiture should be reduced because of R-S Broadcasting's inability to pay. BACKGROUND On August 15, 2008, agents conducted an
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  • Investigations and Hearings Division, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we propose a monetary forfeiture in the amount of one thousand two hundred fifty dollars ($1,250) against Connecticut Radio Fellowship, Inc. (``CRFI'' or the ``Licensee''), licensee of Station WIHS(FM), Middletown, Connecticut (``WIHS'' or the ``Station''), for its apparent willful and repeated violation of Sections 73.3526(c)(1) and (e)(5) of the Commission's rules. As discussed below, we find that CRFI violated the public inspection file requirements by failing to maintain a copy of its articles of incorporation and by-laws or, alternatively, a list of these documents, in the Station's local public inspection file, and by failing to provide requested copies within a reasonable amount of time. BACKGROUND
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  • FORFEITURE ORDER Adopted: May 5, 2010 Released: May 7, 2010 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) to HTV/HTN/Hawaiian TV Network, Ltd. ("HTV"), licensee of station KHLU-LP, in Honolulu, Hawaii, for willfully and repeatedly violating Sections 73.1225(a), 73.1125(c) and 73.3526 of the Commission's Rules (``Rules''). On March 27, 2009, the Enforcement Bureau's Honolulu Resident Agent Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $24,000 to HTV for failing to make the station available for FCC inspection, failing to maintain an accessible local main studio in its community of license, and failing to make the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-783A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-783A1.pdf
  • 0003730892 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Hubbard's Advertising Agency, Inc., (``Hubbard''), licensee of station WLLL(AM), in Lynchburg, Virginia, apparently willfully and repeatedly violated Sections 11.35(a), 73.1745(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain operational Emergency Alert System (``EAS'') equipment, exceeding its licensed nighttime operating power, and failing to maintain and make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Hubbard is apparently liable for a forfeiture in the amount of twenty-two
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-784A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-784A1.pdf
  • OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that World Media Broadcast Company, (``World Media''), licensee of station WCLM(AM), in Highland Springs, Virginia, apparently willfully and repeatedly violated Sections 11.35(a), 73.1400(a)(1)(ii) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain functioning Emergency Alert System (``EAS'') equipment, failing to provide functioning transmission system remote control equipment, and failing to maintain and make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that World Media is apparently liable for a forfeiture in
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1062A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1062A1.pdf
  • FRN: 0010019792 NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: June 16, 2011 Released: June 17, 2011 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that L. Stanley Wall ("Wall"), licensee of FM Station WLSW, Scottdale, Pennsylvania, apparently willfully and repeatedly violated section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain and make available the quarterly issues/programs lists in the local public inspection file. We conclude that Wall is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). We further direct Wall to submit a written statement signed under penalty of perjury stating that Station WLSW is now
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1123A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1123A1.pdf
  • FOR FORFEITURE AND ORDER Adopted: June 30, 2011 Released: June 30, 2011 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Vision Latina Broadcasting, Inc. (``Vision Latina Broadcasting''), licensee of Station KBPO, Port Neches, Texas (the ``Station''), apparently willfully and repeatedly violated sections 73.1125 and 73.3526 of the Commission's rules (``Rules'') by failing to maintain: (1) a main studio with a meaningful staff and management presence; and (2) a complete public inspection file and make that file available. We conclude that Vision Latina Broadcasting is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). In addition, no later than 30 days from
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1194A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1194A1.pdf
  • LIABILITY FOR FORFEITURE AND ORDER Adopted: July 18, 2011 Released: July 18, 2011 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Spirit Broadcasting, Inc., (``Spirit''), licensee of Station WGTM(AM), in Wilson, North Carolina, apparently willfully and repeatedly violated sections 11.35, 73.49, and 73.3526 of the Commission's rules (``Rules'') by failing to: (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose an antenna tower, having radio frequency potential at the base, within an effectively locked fence; and (3) maintain and make available a public inspection file. We conclude that Spirit is apparently liable for a forfeiture in the amount of twenty-five thousand dollars
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.pdf
  • are expected to promptly take corrective action when violations are brought to their attention). See also, Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994)(corrective action taken to comply with the Rules is expected, and does not mitigate any prior forfeitures or violations). See NAL at para. 17. 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 11-1233 Federal Communications Commission DA 11-1233 � � & 0
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1272A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1272A1.pdf
  • No. 201132900005 FRN 0020919791 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 27, 2011 Released: July 29, 2011 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that HK Media, Inc. (``HK Media''), licensee of Station KFOX, in Torrance, California, apparently willfully and repeatedly violated section 73.3526 of the Commission's rules (``Rules'') by failing to maintain and make available for inspection a local public inspection file at the Station KFOX main studio. We conclude that HK Media is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On September 22, 2010, an agent from the Enforcement Bureau's Los Angeles Office (``Los Angeles
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1505A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1505A1.pdf
  • FORFEITURE ORDER Adopted: September 7, 2011 Released: September 7, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fourteen thousand dollars ($14,000) to Crocodile Broadcasting Corp., Inc., (``CBC''), licensee of Station KGLA(AM), Gretna, Louisiana, for willful and repeated violation of sections 73.1745(a) and 73.3526 of the Commission's rules (``Rules''). The noted violations involve CBC's operation at times other than those specified in its license and failure to maintain and make available a complete public inspection file. II. BACKGROUND As discussed in detail in the Notice of Apparent Liability for Forfeiture (``NAL'') in this case, on October 28 and 29, 2010, agents from the Enforcement
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1506A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1506A1.pdf
  • Order (``MO&O''), we deny the petition for reconsideration (``Petition'') filed by Mt. Rushmore Broadcasting, Inc., (``Mt. Rushmore'' or ``the Licensee''), licensee of Stations KRAL(AM), KIQZ(FM), and WHB734, in Rawlins, Wyoming, of the Forfeiture Order issued in this proceeding. The Forfeiture Order imposed a monetary forfeiture in the amount of $17,500 for willful and repeated violation of sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Commission's rules (``Rules''). Background In the Forfeiture Order, issued January 8, 2010, the Western Region of the Enforcement Bureau (``Region'') determined that Mt. Rushmore had failed to ensure the operational readiness of the Station KRAL(AM) and Station KIQZ(FM) Emergency Alert System (``EAS'') equipment; failed to maintain a complete public inspection file for Station KRAL(AM) and Station
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1528A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1528A1.pdf
  • Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Taylor Communications, Inc. (``Taylor''), licensee of Station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246, for willful and repeated violation of section 17.48(a) of the Commission's rules (``Rules'') and willful violation of section 73.3526 of the Rules. The noted violations involve Taylor's failure to inform the Federal Aviation Administration (``FAA'') of a malfunction of the antenna structure lighting and its failure to make available a public inspection file. II. BACKGROUND On September 25, 2008, in response to a complaint alleging violations concerning antenna structure number 1038246, agents from the Enforcement Bureau's New Orleans Office
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1704A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1704A1.pdf
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 12, 2011 Released: October 14, 2011 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Meade County Communications, Inc. (``Meade''), licensee of AM Station WMMG, in Brandenburg, Kentucky, apparently willfully and repeatedly violated section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain and make available the issues/program lists in the public inspection file. We conclude that Meade is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). We further direct Meade to submit a written statement signed under penalty of perjury stating that Station WMMG is now in compliance
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1798A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1798A1.pdf
  • 27, 2011 Released: October 27, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Consolidated Radio, Inc. (``Consolidated Radio''), licensee of Station KVOZ(AM) in Del Mar Hills, Texas, for willful and repeated violation of sections 73.1125, 73.1745(a), and 73.3526 of the Commission's rules (``Rules''). The noted violations involved Consolidated Radio's failure to: (1) maintain a main studio in the community of license; (2) operate consistent with the terms of its station authorization; and (3) maintain and make available a complete public inspection file. II. BACKGROUND On May 16, 2011, the Enforcement Bureau's Houston Office (``Houston Office'') issued a Notice
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1822A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1822A1.pdf
  • FORFEITURE ORDER Adopted: October 31, 2011 Released: November 1, 2011 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Spirit Broadcasting, Inc., (``Spirit''), licensee of Station WGTM(AM), in Wilson, North Carolina, for willful and repeated violation of sections 11.35, 73.49, and 73.3526 of the Commission's rules (``Rules''). The noted violations involved Spirit's failure to (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose an antenna tower, having radio frequency potential at the base, within an effectively locked fence; and (3) maintain and make available a public inspection file. 2. On July 15, 2011, the Enforcement Bureau's Norfolk Office (``Norfolk Office'') issued
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-229A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-229A1.pdf
  • APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: February 7, 2011 Released: February 9, 2011 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Crocodile Broadcasting Corp., Inc., (``CBC''), licensee of Station KGLA(AM), Gretna, LA, apparently willfully and repeatedly violated sections 73.1745(a) and 73.3526 of the Commission's Rules (``Rules'') by: (1) operating at times other than those specified in its license; and (2) failing to maintain and make available a complete public inspection file. We conclude that CBC is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). We further order CBC to submit a sworn statement certifying that it
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-231A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-231A1.pdf
  • 7636145 NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: February 8, 2011 Released: February 10, 2011 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Media East, LLC, (``Media East''), licensee of Station WLGT(AM), in Washington, North Carolina, apparently willfully and repeatedly violated section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain and make available a public inspection file. We conclude that Media East is apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000). We further order Media East to submit a sworn statement certifying that it is currently in compliance with section 73.3526 of the Rules. BACKGROUND On
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-242A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-242A1.pdf
  • the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Hanmi Broadcasting, Inc. (``Hanmi'' or ``Licensee''), licensee of Station WPBC(AM), Decatur, Georgia, (``Station''). The Consent Decree terminates an investigation by the Bureau against Hanmi for possible violations of section 310(d) of the Communications Act of 1934, as amended, and sections 73.3526, 73.3540, 73.3613, and 73.3615 of the Commission's Rules, regarding allegations that it transferred control of the Station without Commission authorization, failed to provide access to the Station's public inspection file, failed to maintain required documents in the Station's public inspection file, and failed to file ownership reports and certain contracts with the Commission. The Bureau and Hanmi have negotiated the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-352A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-352A1.pdf
  • Number EB-09-PA-0271 NAL/Acct. No. 201132400005 FRN 0002834810 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 24, 2011 Released: February 25, 2011 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cumulus Licensing LLC (``Cumulus''), licensee of Station WWIZ, Mercer, Pennsylvania, apparently willfully and repeatedly violated section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain and make available the quarterly issues/programs lists in the local public inspection file. We conclude that Cumulus is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On November 17, 2009, an agent from the Enforcement Bureau's Philadelphia Office conducted an inspection with Station WWIZ's chief
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-724A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-724A1.pdf
  • Based on our review of the facts and circumstances of this case, we conclude that A Radio is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). BACKGROUND On May 12, 2008, the Bureau adopted an Order and Consent Decree that terminated a Bureau investigation of possible violations by A Radio of sections 73.49, 73.1350(a), and 73.3526 of the Commission's rules (``Rules'') regarding antenna tower fencing, public inspection file requirements, and operating with an unauthorized antenna pattern. Among other terms in the Order and Consent Decree, A Radio agreed to make a voluntary contribution to the U.S. Treasury in the amount of eight thousand dollars ($8,000) by June 14, 2008. A Radio also agreed to submit a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-809A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-809A1.pdf
  • No.: 201132320001 FRN: 0016314320 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 2, 2011 Released: May 3, 2011 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pilot Media, LCC (``Pilot Media''), licensee of FM Station WIBL, in Fairbury, Illinois, apparently willfully and repeatedly violated section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain and make available the quarterly issues/programs lists in the local public inspection file. We conclude that Pilot Media is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On October 26, 2010, agents from the Enforcement Bureau's Chicago Office conducted an inspection with Station WIBL's chief
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-824A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-824A1.pdf
  • Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand five hundred dollars ($11,500) to Daniel D. Smith, licensee of Station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas (``Mr. Smith''), for willful and repeated violation of sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Mr. Smith's failure to: (1) maintain operational emergency alert system (``EAS'') equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file. II. BACKGROUND As
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-870A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-870A1.pdf
  • FORFEITURE AND ORDER Adopted: May 16, 2011 Released: May 16, 2011 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Consolidated Radio, Inc. (``Consolidated Radio''), licensee of Station KVOZ(AM) in Del Mar Hills, Texas, apparently willfully and repeatedly violated sections 73.1125, 73.1745(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to (1) maintain a main studio in the community of license; (2) operate consistent with the terms of its station authorization; and (3) maintain and make available a complete public inspection file. We conclude that Consolidated Radio is apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000). We further
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-881A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-881A1.pdf
  • APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: May 17, 2011 Released: May 17, 2011 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that John F. Warmath (``Mr. Warmath''), licensee of station WIRJ(AM), Humboldt, TN, apparently willfully and repeatedly violated sections 73.49, 11.35, and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain: (1) an enclosed fence around the base of the station's AM antenna; (2) Emergency Alert System (``EAS'') equipment; and (3) a public inspection file. We conclude that Mr. Warmath is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). BACKGROUND On October 7, 2010, in response to
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-886A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-886A1.pdf
  • FRN: 0015149842 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 16, 2011 Released: May 18, 2011 By the District Director, San Diego District Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Lazer Licenses, LLC (``Lazer''), licensee of FM radio station KSSB, in Calipatria, California, apparently willfully and repeatedly violated section 73.3526 of the Commission's rules by failing to maintain a complete public inspection file. We conclude, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), that Lazer is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND On April 21, 2010, agents from the Enforcement Bureau's San Diego Office inspected the main
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-890A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-890A1.pdf
  • Released: May 17, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand five hundred dollars ($5,500) to World Media Broadcast Company, (``World Media''), licensee of Station WCLM(AM), in Highland Springs, Virginia for willful and repeated violation of sections 11.35(a), 73.1400(a)(1)(ii) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve World Media's failure to maintain: (1) functioning Emergency Alert System (``EAS'') equipment; (2) functioning transmission system remote control equipment; and (3) a public inspection file at its main studio, and make that file available upon request. II. BACKGROUND As discussed in detail in the Notice of Apparent Liability (``NAL'') in this
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-900A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-900A1.pdf
  • Media Trust'' or ``the Licensee''), licensee of AM Station KZQZ, in St. Louis, MO and AM Station KQQZ, in DeSoto, MO, apparently willfully violated section 73.1350 of the Commission's Rules (``Rules'') by failing to operate Station KZQZ in accordance with the terms of its station authorization. We also find that the Licensee apparently willfully and repeatedly violated sections 73.1590 and 73.3526 of the Rules by failing to conduct required annual equipment performance measurements for Station KZQZ and failing to maintain and make available complete public inspection files for Stations KZQZ and KQQZ. We conclude that Entertainment Media Trust is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). BACKGROUND On April 20, 2010, in response to a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-902A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-902A1.pdf
  • Adopted: May 18, 2011 Released: May 19, 2011 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Entertainment Media Trust, Dennis J. Watkins, Trustee, (``Entertainment Media Trust''), licensee of AM Stations WQQX, East St. Louis, Illinois and WQQW, Highland, Illinois, apparently willfully and repeatedly violated section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain and make available local public inspection files for Stations WQQW and WQQX. We conclude that Entertainment Media Trust is apparently liable for a forfeiture in the amount of twenty-four thousand dollars ($24,000). BACKGROUND On April 20, 2010, in response to a complaint regarding possible rule violations, an agent from the Enforcement
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-938A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-938A1.pdf
  • FORFEITURE ORDER Adopted: May 23, 2011 Released: May 24, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Media East, LLC, (``Media East''), licensee of Station WLGT(AM), in Washington, North Carolina (``Media East''), for willful violation of section 73.3526 of the Commission's rules (``Rules''). The noted violation involves Media East's failure to make available a complete public inspection file. II. BACKGROUND As discussed in detail in the Notice of Apparent Liability (``NAL'') in this case, on March 9, 2010, in response to a request by an agent of the Enforcement Bureau's Norfolk Office (``Norfolk Office'') to inspect Station WLGT's
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-940A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-940A1.pdf
  • No. 201132340001 FRN: 0004993507 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 23, 2011 Released: May 24, 2011 By the District Director, Columbia Field Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Stephen R. Peters, licensee of AM Station WHAW, Lost Creek, West Virginia, apparently willfully and repeatedly violated section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain and make available quarterly radio issues/programs lists in the local public inspection file. We conclude that Mr. Peters is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On August 24, 2010, an agent from the Enforcement Bureau's Columbia Office conducted an inspection during normal business
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-941A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-941A1.pdf
  • NAL/Acct. No. 201132340002 FRN: 0013804737 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 23, 201 Released: May 24, 2011 By the District Director, Columbia Field Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Della Jane Woofter, licensee of FM Station WVRW, Glenville, West Virginia, apparently willfully and repeatedly violated section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain and make available quarterly radio issues/programs lists in the local public inspection file. We conclude that Ms. Woofter is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On August 24, 2010, an agent from the Enforcement Bureau's Columbia Office conducted a routine inspection during normal
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-954A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-954A1.pdf
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: May 25, 2011 Released: May 26, 2011 By the District Director, San Diego District Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Blue Skies Broadcasting Corporation (``Blue Skies''), licensee of Station KSKT-CA, San Marcos, California, apparently willfully and repeatedly violated section 73.3526(e)(11)(i) of the Commission's rules (``Rules'') by failing to maintain and make available the quarterly TV issues/programs lists in the local public inspection file. We conclude that Blue Skies is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). BACKGROUND On June 22, 2010, agents from the Enforcement Bureau's San Diego Office (``San Diego Office'') conducted an
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-136A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-136A1.pdf
  • OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: February 7, 2012 Released: February 7, 2012 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that The L.R. Radio Group, Inc. (L&R), licensee of Station KPIR, in Granbury, Texas, apparently willfully and repeatedly violated Section 73.3526 of the Commission's rules (Rules) by failing to maintain and make available a complete public inspection file. We conclude that L&R is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). In addition, no later than thirty (30) calendar days from the date of this NAL, L&R must submit a statement signed under penalty of perjury
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  • Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that KM Radio of Independence, LLC (KM Radio or Licensee), licensee of Stations KQMG and KQMG-FM, in Independence, Iowa, and owner of antenna structure number 1053693 (hereinafter referred to as ``Tower'') also located in Independence, Iowa, apparently willfully and/or repeatedly violated Sections 11.35, 17.51, and 73.3526 of the Commission's rules (Rules), and Section 303(q) of the Communications Act of 1934, as amended (Act), by failing (with respect to both of its stations) to: maintain operational emergency alert system (EAS) equipment; exhibit required obstruction lighting on the Tower; and maintain and make available a complete public inspection file. Furthermore, specifically with respect to Station KQMG-FM, we find
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  • OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: February 14, 2012 Released: February 14, 2012 By the Acting District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Curran Communications, Inc. (Curran), licensee of AM Station WPAM, in Pottsville, Pennsylvania (Station), apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's rules (Rules) by failing to maintain and make available the quarterly issues/programs lists in the local public inspection file. We conclude that Curran is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). We further direct Curran to submit a written statement signed under penalty of perjury stating that the Station is now
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  • FOR FORFEITURE AND ORDER Adopted: March 8, 2012 Released: March 8, 2012 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Walter M. Czura, licensee of Station WNFO, Sun City Hilton Head, South Carolina, apparently willfully and repeatedly violated Sections 73.49, 11.35, and 73.3526 of the Commission's rules (Rules) by failing to: (1) maintain an effective locked fence around the base of an antenna tower; (2) install operational Emergency Alert System (EAS) equipment; and (3) maintain and make available a complete public inspection file. We conclude that Mr. Czura is apparently liable for a forfeiture in the amount of twenty five thousand dollars ($25,000).
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  • 2012 Released: March 30, 2012 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of five hundred dollars ($500) to Vision Latina Broadcasting, Inc. (Vision Latina Broadcasting), licensee of Station KBPO, Port Neches, Texas (the Station), for willful and repeated violation of Sections 73.1125 and 73.3526 of the Commission's rules (Rules). The noted violations involved Vision Latina Broadcasting's failure to maintain: (1) a main studio with a meaningful staff and management presence; and (2) a complete public inspection file and make that file available. II. BACKGROUND On June 30, 2011, the Enforcement Bureau's Houston Office (Houston Office) issued a Notice of Apparent Liability for Forfeiture and
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  • 3, 2012 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Beacon Broadcasting, Inc. (Beacon), former licensee of AM Station WGRP, FM Station WEXC, and aural studio transmitter link (STL) WQGW238, in Greenville, Pennsylvania, for willfully and repeatedly violating Sections 73.3526(e)(12), 73.1745(a) and 1.903(a) of the Commission's Rules (Rules). The noted violations involve Beacon's failure to (1) maintain radio issues/programs lists in Station WGRP's public inspection file; (2) operate Station WGRP in a manner which complies with the terms of the station authorization; and (3) operate the STL for Station WEXC on an authorized frequency. II. BACKGROUND On November 1, 2010,
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  • and repeatedly violated section 73.1745(a) of the Commission's Rules ("Rules") by operating its station with only one of its four authorized directional antennas at a reduced power of 250 Watts during daytime hours without a Special Temporary Authorization (STA), in direct contravention of the terms of its station authorization. We also find that Nassau Broadcasting willfully and repeatedly violated section 73.3526 of the Rules by failing to maintain and make available for inspection a local public inspection file at Station WPLY's main studio. We conclude that Nassau Broadcasting is apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000). We further direct Nassau Broadcasting to submit a written statement signed under penalty of perjury stating that Station WPLY
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  • 0017174020 FORFEITURE ORDER Adopted: April 18, 2012 Released: April 19, 2012 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Mapleton License of San Luis Obispo, LLC (Mapleton), licensee of Station KXDZ(FM), in Templeton, California, for willfully and repeatedly violating Section 73.3526 of the Commission's rules (Rules), which requires broadcast stations to maintain a complete public inspection file. The noted violations involve Mapleton's failure to maintain multiple issues/programs list in the Station KXDZ(FM) public inspection file. In addition, no later than thirty (30) calendar days from the date of this Forfeiture Order, Mapleton must submit a statement signed under penalty of perjury
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  • Region, Enforcement Bureau: In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to KM Radio of Independence, LLC (KM Radio), licensee of Stations KQMG and KQMG-FM, in Independence, Iowa, and owner of antenna structure number 1053693 also located in Independence, Iowa, for willful and repeated violation of Sections 11.35, 17.51, and 73.3526 of the Commission's rules (Rules), and Section 303(q) of the Communications Act of 1934, as amended (Act) and willful violation of Section 73.1560(b) of the Rules. The noted violations involved failing to: maintain operational emergency alert system (EAS) equipment; exhibit required obstruction lighting on the Tower; maintain and make available a complete public inspection file; and operate with authorized transmitter
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  • Resident Agent Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Pacific Empire Radio Corporation (Pacific Empire), licensee of Station KLBM, La Grande, Oregon, Station KBKR, Baker, Oregon, Station KUBQ, La Grande, Oregon, Station KKBC-FM, Baker, Oregon and Station KRJT, Elgin, Oregon (Stations), apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's rules (Rules), by failing to retain multiple issues and programs lists in the local public inspection file for each of the Stations. We conclude that Pacific Empire is apparently liable for a forfeiture in the amount of twenty five thousand dollars ($25,000). In addition, we direct Pacific Empire to submit, no later than thirty (30) calendar days
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  • Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Quinn Broadcasting Inc. (Quinn), licensee of AM Station WSNJ in Bridgeton, New Jersey and AM Station WMVB in Millville, New Jersey (Stations) and owner of antenna structure number 1208476 in Bridgeton, New Jersey (Antenna Structure), apparently willfully and repeatedly violated Sections 73.3526(e)(12) and 17.57 of the Commission's rules (Rules) by failing to maintain radio issues/program lists in the Stations' public inspection files and failing to immediately notify the Commission upon change in ownership information. We conclude that Quinn is apparently liable for a forfeiture in the amount of sixteen thousand dollars ($16,000). We further direct Quinn to submit a written statement signed
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  • Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Birach Broadcasting Corporation (Birach), licensee of AM Station WCXI in Fenton, Michigan (Station), apparently willfully and repeatedly violated (1) Section 73.49 of the Commission's rules (Rules) by failing to enclose the Station's antenna structure within an effective locked fence; and (2) Sections 73.3526(e)(12) and 73.3526(c)(1) of the Rules by failing to maintain and make available the issues/program lists in the Station's public inspection file. We conclude that Birach is apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000). We further direct Birach to submit, no later than thirty (30) calendar days from the date of this NAL, a written
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  • class mail to Vision Latina Broadcasting, Inc. at 419 Stadium Road, Port Arthur, Texas 77642. FEDERAL COMMUNICATIONS COMMISSION Lee R. Browning Resident Agent Houston Office South Central Region Enforcement Bureau 47 C.F.R. � 1.17(a)(2). See Vision Latina Broadcasting, Inc., Notice of Apparent Liability for Forfeiture and Order, 26 FCC Rcd 9231 (Enf. Bur. 2011) (1st NAL). See 47 C.F.R. � 73.3526. 1st NAL at 9231. Letter from Gilardo Castro, Vice President, Vision Latina Broadcasting, Inc., to Lee. R. Browning, Resident Agent, Houston Office at 2 (Aug. 25, 2011) (LOI Response). Letter from Gilardo Castro, President, Vision Latina Broadcasting, Inc., to Lee. R. Browning, Resident Agent, Houston Office at 1 (Dec. 15, 2011) (2nd LOI Response). Id. Id. 47 U.S.C. � 503(b).
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  • ID No.: 68762 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 14, 2012 Released: June 14, 2012 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (NAL), we find that Vision Latina Broadcasting, Inc. (Vision Latina Broadcasting), licensee of Station KBPO, in Port Neches, Texas, apparently willfully violated Section 73.3526 of the Commission's rules (Rules), by failing to make available a complete public inspection file. We conclude that Vision Latina Broadcasting is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). BACKGROUND On October 13, 2011 agents from the Enforcement Bureau's Houston Office (Houston Office) inspected the public inspection file for Station KBPO located at its
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  • FCC Rcd 14324 (Enf. Bur. 2002). We agree with the Bureau's determination that those cases are factually dissimilar to this case and contain nothing which supports canceling the forfeiture. In Jamie Patrick, the proposed forfeiture was based on violations of rules other than Section 17.4(a), and its cancellation was based on a finding that the licensee did not violate Section 73.3526(a)(2) of the Rules (requiring maintenance of a public inspection file) and on the licensee's inability to pay the forfeiture amount. In Truth, the licensee did not claim to have made any unsuccessful attempts to register its tower and, in fact, contended that its tower was not required to be registered. After considering Truth Broadcasting's response to the NAL, the Bureau
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  • The Bureau also found that Mr. Thompson apparently learned of the e-mail, which was ineffectively redacted, because it had been placed in Station WQAM(AM)'s public inspection file by mistake. The Bureau ruled that this redacted e-mail was a privileged communication not required to be placed in the public file. See id. at 10083 � 15. See also 47 C.F.R. � 73.3526(e)(10). Mr. Thompson does not challenge or otherwise seek review of this aspect of the Bureau Order. See Bureau Order, 22 FCC Rcd at 10083 � 15. See id. at 10083 � 16. See id. at 10089-10090 �� 29-30. The Bureau pointed out that Mr. Thompson's own statements acknowledged that the 1989 agreement concerns another broadcaster. See id. at 10089 �
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  • (Enf. Bur. 2004) (``Forfeiture Order''). 47 C.F.R. �� 73.1125, 11.35(a) and 73.3527(c)(1). Paulino Bernal Evangelism, Inc., Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200432500001 (Enf. Bur., Dallas Office, rel. Dec. 19, 2003). Letter of January 20, 2004, from Barry D. Wood, Esq., to Marlene H. Dortch, Secretary, Federal Communications Commission. Petition for Reconsideration at 2-7. See 47 C.F.R. �� 73.3526 and 73.3527 for commercial and noncommercial licensees, respectively. 47 U.S.C. � 307(b). This section requires the Commission to make such distribution of licenses, frequencies, hours of operation, and of power among the several States and communities as to provide for a fair, efficient, and equitable distribution of radio service to each of the same. 47 C.F.R. � 73.3527(a)(2). 47 C.F.R.
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  • Section 1.115 of the Commission's Rules (``Rules''). Twenty-One Sound seeks review of the Enforcement Bureau's (``Bureau'') Memorandum Opinion and Order denying Twenty-One Sound's petition for reconsideration of a Forfeiture Order issued July 27, 2005. The Forfeiture Order imposed a monetary forfeiture in the amount of $18,000 on Twenty-One Sound for the willful and repeated violation of Sections 11.35(a), 73.1125(a), and 73.3526(a) of the Commission's Rules (``Rules''). The noted violations involved Twenty-One Sound's failure to maintain Emergency Alert System (``EAS'') equipment in operational readiness condition, failure to maintain a main studio in compliance with the Rules, and failure to maintain a complete public inspection file. II. DISCUSSION In its Application for Review, Twenty-One Sound reiterates past arguments raised at the Bureau level.
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  • Application for Review filed by Lazer Licenses, LLC, (``Lazer'') the licensee of Stations KSBQ(AM), Santa Maria, California, KLMM-FM, Morro Bay, California and KLUN-FM, Paso Robles, California, pursuant to section 1.115 of the Commission's Rules (``Rules''). Lazer seeks review of the Enforcement Bureau's (``Bureau's'') Reconsideration Order affirming an $8,000 forfeiture against the licensee for its willful and repeated violation of section 73.3526 of the Rules. The noted violation concerned Lazer's failure to maintain complete public inspection files for Stations KSBQ(AM), KLMM-FM, and KLUN-FM. For the reasons discussed below, we deny Lazer's Application for Review. II. BACKGROUND On March 6, 2007, an agent of the Enforcement Bureau's Los Angeles Office conducted inspections of the public inspection files for Stations KSBQ(AM), KLMM-FM, and KLUN-FM
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FederalCommunicationsCommission Beforethe FederalCommunicationsCommission Washington,D.C.20554 FCC99-118 IntheMatterof ReviewoftheCommission'sRules regardingthemainstudioand localpublicinspectionfilesof broadcasttelevisionandradiostations 47C.F.R.��73.1125, 73.3526and73.3527 J.)")))))))MMDocketNo.97-138 RM-8855 RM-8856 RM-8857 RM-8858 RM-8872 MEMOAANDUMOPINIONANDORDER Adopted:May25t1999 BytheCommission: TableofContents I.Introduction II.IssueAnalysis A. Accommodation B. DocumentRetentionRequirements C.MiscellaneousMatters III.AdministrativeMatters I.INTRODUCTION Released:May28,1999 Paragraph I33244147 I.Inthe ReportandOrderlinthisproceeding;weamendedourrulesregardingthemainstudio andlocalpublicinspectionfileforbroadcaststations.Indoingso,ourgoalsweretwofold:tostrikean appropriatebalancebetweenensuringthatthepublichasreasonableaccesstoeachstation'smainstudio andpublicfilewhileminimizingregulatoryburdensonlicensees,andtoadoptclearrulesthatareeasy toadministerandunderstand.2Consistentwiththesegoals,weprovidedbroadcastlicenseesadditional flexibilityinlocatingtheirmainstudios,requiredthecollocationofpublicfilesandmainstudios,and clarifiedandupdatedourrulesregardingtherequiredcontentsofthepublicinspectionfiles.Inaddition, weadoptedanaccommodationthatrequiresstationstomakeavailable,bymailupontelephonerequest, photocopiesofdocumentsinthepublicfile,includingourrevisedversionof"ThePublicand Broadcasting." 2.Wehavereceivedfivepartialorlimitedpetitionsforreconsiderationofthe ReportandOrder SeeReportandOrder inMMDocket97-138,13FCCRed15691(1998). SeeNoticeofProposedRuleMaking in MMDocket97-138,12FCCRed6993,6999(1997). 11113 FederalCommunicationsCommission FCC99-118 inthisproceedingandoneoppositiontothepetitionsforreconsideration.3Inresponsetothesepetitions forreconsideration,wetakethisopportunitytoaffirm,revise,orclarifycertainofouractions.Wewill modifytherolesbyamendingthescopeoftheaccommodationandbyrevisingslightlyandclarifyingthe documentretentionrequirements.Wealsoaddressotherrequestedchanges. n.ISSUEANALYSIS A.Accommodation 3.Background.PriortotheissuanceoftheReportandOrderinthisproceeding,abroadcast licenseecouldlocateitsmainstudiooutside communityoflicenseprovideditfellwithinthestation's principalcommunitycontour.4Underthepreviousrule,alicenseewasrequiredtomaintainitspublic filewithinthecommunityoflicense,eitheratthemainstudio,ifthemainstudiowaswithinthe community,oratanotheraccessiblelocationinthecommunity,ifthemainstudiowaslocatedoutsidethe community.5 4.Inthe ReportandOrder,weamendedSection73.1125ofourrulestoallowastationtolocate itsmainstudioatanylocationthatiswithineithertheprincipalcommunitycontourofanystation,ofany service,licensedtoitscommunityoflicense'or25milesfromthereferencecoordinatesofthecenterof
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  • ) ) ) ) ) ) ) File No. 99030159 NAL/Acct. No. X32080007 Facility ID #58856 JJS FORFEITURE ORDER Adopted: May 17, 2000 Released: May 18, 2000 By the Chief, Enforcement Bureau: Introduction In this Forfeiture Order, we issue a four thousand dollar ($4,000) forfeiture against WS Communications, L.L.C. (``WS''), licensee of station KWGL(FM), Ouray, Colorado, for violations of Section 73.3526 of the Commission's rules, 47 C.F.R. � 73.3526, the Commission's public inspection file rule. WS violated that rule by not maintaining a public inspection file from February 1999 through August 1999. WS also violated the former version of the same rule from December 1997 through October 1998 by failing to keep its public inspection file in its community of license.
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  • Regulations 47 C.F.R. � 2.925 - Identification of Equipment BEXT Inc., San Diego, CA. Dallas, TX District Office (9/15/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.15 - EAS Operating Handbook T & W Communications Corp., Columbus, MS. Other violations: 47 C.F.R. �� 17.4(a) (Antenna Structure Registration), 73.49 (AM Transmission System Fencing Requirements), 73.1820(Station Log), and 73.3526(Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (9/5/00). Priority Communications, L.L.C., WYAM, Hoover, AL. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 17.4(g) (Antenna Structure Registration Number Posting), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1230 (Posting of Station License), 73.1590 (Equipment Performance Measurements) 73.1820(Station Log), and 73.3526 (Local Public Inspection
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  • C.F.R. � 11.15 - EAS Operating Handbook Sheyenne Valley Broadcasting Inc. Lisbon ND. Other violations: 47 C. F. R. �� 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.4(g) (Antenna Structure Registration Posting), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.50 (Cleaning and Repainting), 17.51 (Times When Lights Should Be Exhibted), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File For Commercial Broadcast Stations). Saint Paul, MN Resident Agent Office (10/2/00). Harbish Corporation, Brookfield, WI, WJMR. Other violation: 47 C.F.R. � 11.61 (Tests of EAS Procedures). Chicago, IL District Office (10/3/00). Plymouth State College, WPCR-FM, Plymouth, NH. Other violations: 47 CFR �� 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1870 (Chief Operator) and 73.3527
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  • VIOLATION Communications Act 47 U.S.C. � 301 - Unauthorized Operation Fifth Avenue Broadcasting Co., Inc., Huntington, WV. Other violations: 47 C.F.R. �� 11.15 (EAS Operating Handbook), 73.49 (AM Transmission System Fencing Requirements), 73.1225 (Station Inspection By FCC), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (11/20/00). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. � 1.903 - Authorization Required Whitemarsh Community Ambulance, Lafayette Hill, PA. Philadelphia, PA District Office (11/20/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.15 - EAS Operating Handbook Discussion Radio, Inc., WDIS, Norfolk, MA.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 ) ) In the Matter of ) File No. EB-98-TP-241 ) WGUL-FM Inc. ) NAL/Acct. No. 815TP0004 Radio Station WINV(AM) ) Inverness, FL ) ) MEMORANDUM OPINION AND ORDER Adopted: April 19, 2000 Released: April 21, 2000 By the Chief, Enforcement Bureau: , and 73.3526(c) (availability of public inspection file for public inspection) of the Rules. 3. On March 31, 1998, the Tampa Office issued WGUL-FM, Inc. an Official Notice of Violation ("NOV") citing the above noted violations of the Rules. On April 14, 1998, the Tampa Office received a written response to the NOV. On June 1, 1998, the District Director of the Tampa
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  • violation: 47 C.F.R. � 17.4(a) (Antenna Structure Registration). Philadelphia PA District Office (3/20/01). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.35 - Equipment Operations Readiness Radio One Licenses Inc., Lanham, MD. $22,000 NAL. Other violations: 47 C.F.R. �� 73.1125 (Station Main Studio Location), 73.1350 (Transmission System Operations), 73.1800 (General Requirements Related to the Station Log), and 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (3/8/01). 47 C.F.R. Part 17 - Antenna Structure Construction, Marking, and Lighting of Antenna Structures 47 C.F.R. � 17.4 - Antenna Structure Registration 47 C.F.R. � 17.4(a) - Registration Mitchell Communications, Inc., Lynchburg, VA. $3,000 NAL. Norfolk, VA Resident Agent Office (3/20/01). 47 C.F.R. Part 73 - Radio Broadcast
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  • Stations). Kansas City, MO District Office (12/6/00). KYOO Communications, Bolivar, MO. Other violations: 47 C.F.R. �� 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (12/8/00). KASA Radio Hogar, Inc. (KDAP Douglas, AZ). Other violations: 47 C.F.R. �� 73.44 (AM Transmission System Emission Limitations), 73.54 (Antenna Resistance and Reactance Measurements), 73. 1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1545 (Carrier Frequency Departure Tolerances), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment
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  • that site also functioned as the WAOM(TV) main studio. B&C admitted, however, that no television production equipment was maintained at the WMOR location, and did not contest Forest's statement that he provided no services for B&C, other than permitting B&C to use his radio station's studio as an office address and mail drop. Public File. Effective October 30, 1998, Section 73.3526(b) of the Commission's rules prescribes, in pertinent part, that every licensee of a commercial television station maintain its local public inspection file at the station's main studio. According to Barker, when he visited the listed main studio location, there was no posting at the site regarding the location of the WAOM(TV) public inspection file, and when he first contacted the
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  • Fencing Requirements). New Orleans, LA District Office (4/4/01). Zachery Broadcasting Company, Lanett, AL. $24,000 NAL. Other violations: 47 C.F.R. �� 17.4(a) (Antenna Structure Registration), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.50 (Cleaning and Repainting), 17.56 (Maintenance of Lighting Equipment), 73.49 (AM Transmission System Fencing Requirements) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (4/16/01). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. � 17.4(a) - Antenna Structure Registration Centennial Puerto Rico License Corp., Washington, DC. $13,000 NAL. Other violation: 47 C.F.R. � 17.21 (Painting and Lighting, When Required). San Juan, PR Resident Agent Office (4/23/01) 47
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  • Inc. (``KASA Radio''), licensee of radio station KDAP(AM), for willful violation of the following sections of the Commission's Rules ("Rules"): 73.54(d) (failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection); 73.1350(c)(1) (failure to have the proper monitoring equipment installed at the duty operator position); 73.1590(a)(6) (failure to conduct annual equipment performance measurements); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On November 17, 2000, the FCC's San Diego Field Office ("San Diego Office") conducted an inspection of radio station KDAP(AM) in Douglas, Arizona, after it received information from the Enforcement Bureau's High Frequency Direction Finding Center that KDAP(AM)'s carrier frequency measurement exceeded the frequency tolerance in violation of Section 73.44(b)
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  • ) NAL/Acct. No. 200132480001 FORFEITURE ORDER Adopted: July 3, 2001 Released: July 6, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-four thousand dollars ($24,000) against Zachery Broadcasting Company (``Zachery''), licensee of WDWZ(AM), West Point, Georgia for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Commission's Rules (``Rules''). The violations stem from Zachery's failure to have Emergency Alert System equipment installed at WDWZ(AM), its failure to follow the Rules pertaining to antenna structures, and its failure to maintain a public inspection file at WDWZ(AM). 2. On April 16, 2001, the District Director of the Enforcement Bureau's Atlanta Field Office issued a Notice of
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  • ) NAL/Acct. No. 200132480001 FORFEITURE ORDER Adopted: July 3, 2001 Released: July 6, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-four thousand dollars ($24,000) against Zachery Broadcasting Company (``Zachery''), licensee of WDWZ(AM), West Point, Georgia for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Commission's Rules (``Rules''). The violations stem from Zachery's failure to have Emergency Alert System equipment installed at WDWZ(AM), its failure to follow the Rules pertaining to antenna structures, and its failure to maintain a public inspection file at WDWZ(AM). 2. On April 16, 2001, the District Director of the Enforcement Bureau's Atlanta Field Office issued a Notice of
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  • - Emergency Alert System 47 C.F.R. � 11.15 - EAS Operating Handbook Chinook Concert Broadcasters, Anchorage, AK. 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.1225 (Station Inspections by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Anchorage, AK Resident Agent Office (5/1/01). Lindsay Broadcasting, Garden Grove, CA. Other violations: 47 C.F.R. �� 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspections by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station License), 73.1560
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  • of Station License), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring), 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation) and 73.1820 (Station Log). Atlanta, GA District Office (6/18/01). Christian Broadcasting Group, Ceiba, PR. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Juan, PR Resident Agent Office (6/26/01). 47 C.F.R. � 11.35 - Equipment Operational Readiness Two Rivers Broadcasting Limited Partnership, KGGO(FM) & KJJY(FM), Des Moines, IA. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning
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  • for willful violation of the following Sections of the Commission's Rules (``Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On March 14, 2000, the Commission's Boston Field Office (``Boston Office'') conducted an inspection of radio station WBOT(AM) in Boston, Massachusetts, after it received information indicating that WBOT may have been in violation of the main studio rule. The inspection revealed ten different rule violations. On March 28, 2000, the
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  • NAL. Dallas, TX District Office (7/13/01). Jeffrey Alan Pettrey, Princeton, WV. $10,000 NAL. Columbia, MD District Office (7/30/01). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. � 1.89 - Failure to Respond to Notice of Violation Willis Broadcasting Corporation, WGRM-FM, Greenwood, MS. $25,000 NAL. Other violations: 47 C.F.R. �� 11.35 (Equipment Operations Readiness), 17.4 (Antenna Structure Registration) and 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (7/3/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. � 11.35 - Equipment Operation Readiness Rego, Inc., c/o Betsy Trimble, Beloit, WI. $6,500 NAL. Other violations: 47 C.F.R. �� 73.1400 (Transmission System Monitoring and Equipment) and 73.1800 (General Requirements Related to the Station Log). Chicago,
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  • No. X3256-001 ORDER Adopted: August 28, 2001 Released: August 30, 2001 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Bronco Broadcasting, Co., Inc. (``Bronco''). The Consent Decree terminates the Enforcement Bureau's forfeiture proceeding against Bronco. Bronco, licensee of KIRL(AM), apparently violated Sections 11.35(a), 73.61(a), 73.62(b)(3), and 73.3526(e)(12) of the Commission's Rules. 2. The Consent Decree provides that, among other things, Bronco will implement a Compliance Plan to ensure its future compliance with the Commission's Rules and will make a $6,000 voluntary contribution to the United States Treasury. 3. After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission and Bronco Broadcasting Co., Inc. (``Bronco'') hereby enter into this Consent Decree for the purpose of terminating a forfeiture proceeding arising from an investigation of Bronco, for alleged violations of 47 C.F.R. �� 11.35(a), 73.61(a), 73.62(b)(3), and 73.3526(e)(12). BACKGROUND 2. On August 4, 2000, FCC field agents from the Enforcement Bureau's Kansas City Field Office inspected KIRL. This inspection uncovered violations pertaining to station logs, failure to take field intensity measurements, operation with excessive field intensity, and failure to maintain an issues-programs listing. See 47 C.F.R. ��11.35(a), 73.61(a), 73.62(b)(3), and 73.3526(e)(12). The station logs documented Emergency Alert System
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  • Order assessing a $15,000 forfeiture against KASA Radio for willful violation of the following sections of the Commission's Rules (``Rules''): 73.54(d) (failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection); 73.1350(c)(1) (failure to have the proper monitoring equipment installed at the duty operator position); 73.1590(a)(6) (failure to conduct annual equipment performance measurements); and 73.3526(a)(2) (failure to maintain a public inspection file). In the Forfeiture Order, the Bureau rejected KASA Radio's inability to pay claim because KASA Radio submitted financial information only for KDAP(AM), not for the licensee, KASA Radio. 2. On July 6, 2001, KASA Radio filed a Petition for Reconsideration in which it does not dispute the violations, but contends that the Bureau
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  • C.F.R. Part 11 � Emergency Alert System 47 C.F.R. � 11.15 � EAS Operating Handbook Lifeline Radio Corporation, WANL, Albany, GA. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.44 (AM Transmission System Emission Limitations), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1745 (Unauthorized Operation), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (8/9/01). Bartow Broadcasting Co., Inc. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61(Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements) and 73.1840 (Retention of Logs). Tampa, FL District Office (8/22/01). 47 C.F.R. � 11.31 � EAS Protocol Agpal Broadcasting Inc., KPPT(AM/FM)
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  • of ) ) Willis Broadcasting Corporation ) File No. EB-01-OR-052 Licensee of WGRM-FM ) Greenwood, Mississippi ) NAL/Acct. No. 200132620004 FORFEITURE ORDER Adopted: October 16, 2001 Released: October 18, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a $25,000 monetary forfeiture to Willis Broadcasting Corporation (``Willis'') for willfully violating Sections 1.89(b), 11.35(a), 17.4(a)(2), and 73.3526(c) of the Commission's Rules (``Rules''). Willis failed to respond to Commission communications, did not have Emergency Alert System equipment installed, failed to register its antenna structure, and did not have its public inspection file available for public inspection during regular business hours. 2. On July 3, 2001, the District Director of the Enforcement Bureau's New Orleans Field Office issued a
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  • ) Public Inspection File Requirements. ) MEMORANDUM OPINION AND ORDER Adopted: October 25, 2001 Released: October 25, 2001 By the Chief, Mass Media Bureau Pursuant to Section 1.3 of the Commission's rules, 47 C.F.R. � 1.3, the National Association of Broadcasters (``NAB''), on behalf of its member stations and all broadcast licensees nationwide, requests a 60-day temporary waiver of Section 73.3526(e)(9) of the Commission's Rules, 47 C.F.R. � 73.3526(e)(9), which requires that broadcasters retain in their public inspection files all written comments and suggestions received from the public regarding operation of the station. NAB also requests that the obligation of television stations to include in license renewal applications a summary of public written comments concerning violent programming, which is required for
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  • 301 � Unauthorized Operation David Edwin Merrell, Wichita Falls, TX. $10,000 NAL. Dallas, TX District Office (9/10/01). 47 C.F.R. Part 73 � Radio Broadcast Services � 47 C.F.R. � 73.1225 � Station Inspections By FCC Fifth Avenue Broadcasting Co., Inc., WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. �� 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act � 47 U.S.C. � 301 � Unauthorized Operation Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. � 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 2 90.233 (Base/Mobile Non Voice Operations), and 90.403 (General Operating Requirements). Denver, CO District
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  • 73.1870 (Chief Operator). Denver, CO District Office (10/23/01). C.V.L. Broadcasting, Inc., WCVI, Crawfordsville, IN. Other violations: 47 C.F.R. �� 17.4(a) (Antenna Structure Registration) and 17.50 (Cleaning and Repainting). Chicago, IL District Office (10/26/01). WJNN, Inc., WDOX, Fairplay, CO. Other violations: 47 C.F.R. �� 73.1125 (Station Main Studio Location), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (10/26/01). � 47 C.F.R. � 11.52 � EAS Code and Attention Signal Monitoring Requirements Murray Communications, WRZK, Kingsport, TN. Other violation: 47 C.F.R. � 73.1820 (Station Log). Atlanta, GA District Office (10/4/01). 4 Clear Channel Broadcasting Licenses, Inc., KTSM, El Paso, TX. Dallas, TX District Office (10/19/01). Clear Channel
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  • 73.1870 (Chief Operator). Denver, CO District Office (10/23/01). C.V.L. Broadcasting, Inc., WCVI, Crawfordsville, IN. Other violations: 47 C.F.R. �� 17.4(a) (Antenna Structure Registration) and 17.50 (Cleaning and Repainting). Chicago, IL District Office (10/26/01). WJNN, Inc., WDOX, Fairplay, CO. Other violations: 47 C.F.R. �� 73.1125 (Station Main Studio Location), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (10/26/01). 47 C.F.R. � 11.52 - EAS Code and Attention Signal Monitoring Requirements Murray Communications, WRZK, Kingsport, TN. Other violation: 47 C.F.R. � 73.1820 (Station Log). Atlanta, GA District Office (10/4/01). Clear Channel Broadcasting Licenses, Inc., KTSM, El Paso, TX. Dallas, TX District Office (10/19/01). Clear Channel Broadcasting Licenses,
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  • 47 U.S.C. � 301 � Unauthorized Operation Javier Rodriguez, Boqueron, PR. $10,000 NAL. San Juan, PR Resident Agent Office (11/7/01). 47 C.F.R. Part 1 � Practice and Procedure � 47 C.F.R. � 1.89 � Failure to Respond to Notice of Violation Jamie Patrick Broadcasting, Ltd., KTRY-FM, Bastrop, LA. $22,000 NAL. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness) and 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (11/27/01). 47 C.F.R. Part 11 � Emergency Alert System (EAS) Rules � 47 C.F.R. � 11.35 � Equipment Operational Readiness Navajo Broadcasting Company, Inc., KDJI(AM) & KZUA(FM), Holbrook, AZ. $10,000 NAL. Other violation: 47 C.F.R. � 11.61 (Tests of EAS Procedures). San Diego, CA District Office (11/2/01). 2
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  • and 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (1/8/01). Redna Broadcasting Corporation, Pittsburg, PA., WJAS(AM). Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.51 (EAS Code and Attention Signal Transmission Requirements), 11.61 (Tests of EAS Procedures), 17.4(a) (Antenna Structure Registration), 17.4(g) (Posting of Antenna Structure Registration Numbers), 73.49 (AM Transmission System Fencing Requirements), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (1/16/01). Radio for the Blind & Handicap, Inc., WRBH(FM), New Orleans, LA. Other violations: 47 C.F.R. �� 73.1870 (Chief Operators) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). New Orleans, LA District Office (1/24/01). Hancock Broadcasting Corporation, WBSL(AM), Bay St. Louis, MS. Other violations: 47 C.F.R. ��
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  • Radio Services 47 C.F.R. � 73.49 - AM Transmission System Fencing Requirements Erald Broadcasting, Inc, WJRO, Glen Burnie, MD. $7,000 NAL. Columbia, MD District Office (2/5/01). 47 C.F.R. � 73.54 - Antenna Resistance and Reactance Measurements KASA Radio Hogar, Inc., (KDAP - Douglas, AZ). $15,000 NAL. Other violations: 47 C.F.R. �� 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements) and 73.3526 (Local Public Inspection File for Commercial Stations). San Diego, CA District Office (2/15/01). NOTICES OF VIOLATION Communications Act 47 U.S.C. � 301 - Unauthorized Operations Family Workshop Center Church, K206CM, Lafayette, LA. New Orleans, LA District Office (2/7/01). 47 U.S.C. � 308(b) - Failure to Respond to Letter of Inquiry Galaxy Cablevision, Lincoln, MO. Kansas City, MO District Office (2/20/01).
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  • Office (4/10/02). Wings Communications, Inc., Ormond Beach, FL. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.49 (AM Transmission System Fencing Requirements), 73.1230 (Posting of Station License) and 73.3526 (Local Public Inspection File for Commercial Stations). Tampa, FL District Office (4/10/02). Radio Palatka, Inc., Palatka, FL. Tampa, FL District Office (4/15/02). Shelly Reed, Abbeville, SC. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirement), 11.61 (Tests of EAS Procedures) and 73.1820 (Station Log). Atlanta, GA District Office (4/19/02). GreenTV Corp., Evergreen,
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  • of WGRX(FM), Falmouth, Virginia. The complaint alleged: 1) that Telemedia failed to maintain a main studio for Station WGRQ(FM) at a proper location as required by Section 73.1125 of the Commission's rules, 47 C.F.R. � 73.1125, 2) that Telemedia failed to maintain and provide public access to a complete local public inspection file for Station WGRQ(FM) as required by Section 73.3526 of the Commission's rules, 47 C.F.R. � 73.3526, and 3) that Rappahannock filed a pleading interposed solely for the purpose of delay contrary to Commission policy prohibiting the filing of frivolous pleadings. The complaint asserts that both Telemedia and Rappahannock are controlled by the same owner, Carl Hurlebaus. For the reasons discussed below, we admonish Telemedia for its failure to
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  • Louis, Illinois ) ) ) ) ) ) ) File No. EB-01-IH-0441 NAL/Acct. No. 200232080010 FRN: 0005-0159-87 Facility ID No.72815 FORFEITURE ORDER Adopted: July 30, 2002 Released: July 31, 2002 By the Chief, Enforcement Bureau: Introduction In this Forfeiture Order, we find that M&R Enterprises, Inc. (``M&R''), licensee of Station WESL(AM), East St. Louis, Illinois, willfully and repeatedly violated Section 73.3526 of the Commission's rules, 47 C.F.R. � 73.3526, by denying access to the public inspection file to members of the public on two occasions. Based on our review of the facts and circumstances in this case and after considering M&R's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that M&R is liable for a forfeiture
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  • 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (12/28/01). Pilgrim Communications, Inc., Colorado Springs, CO (KWYD(AM), Facility ID #41816). Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 73.1125 (Station Main Studio Location), 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Denver, CO District Office (12/12/01). 47 C.F.R. � 11.61 - Tests of EAS Procedures Bay Broadcasting Corp., Annapolis, MD. Other violation: 47 C.F.R. � 73.1870 (Chief Operator). Columbia, MD District Office (12/4/01). 47 C.F.R. Part 17 - Construction, Marking & Lighting of Antenna Structures 47 C.F.R. � 17.4(a) - Antenna Structure Registration BJ
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  • (7/17/02). VoiceStream PCS I License L.L.C., Bellevue, WA. $10,000 NAL. Kansas City, MO District Office (7/24/02). 47 C.F.R. Part 73 - Radio Broadcast Services 47 C.F.R. � 73.49 - AM Transmission System Fencing Requirements WOYK, Inc., York, PA. $7,000 NAL. Philadelphia, PA District Office (7/17/02). Metro Birch Enterprises, Inc., KPBA(AM), Pine Bluff, AR. $17,000 NAL. Other violation: 47 C.F.R. � 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (7/22/02). 47 C.F.R. � 73.1125 - Station Main Studio Location New Life Evangelistic Center, Inc., KBIY, Van Buren, MO. $13,000 NAL. Other violation: 47 C.F.R. � 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (7/11/02). KGGF-KUSN, Inc., KGGF-FM, Fredonia, KS. $7,000 NAL.
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  • for willful violation of the following Sections of the Commission's Rules (``Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On March 14, 2000, the Commission's Boston, Massachusetts Field Office (``Boston Office'') conducted an inspection of radio station WBOT(FM) in Brockton, Massachusetts, after it received information indicating that WBOT may have been in violation of the main studio rule. The inspection revealed ten different rule violations. On March 28, 2000,
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  • Tolerances) and 73.1745 (Unauthorized Operation). San Francisco, CA District Office (8/30/02). 47 C.F.R. � 73.1560 - Operating Power and Mode Tolerances North American Broadcasting Company, Inc., Cave Creek, Arizona. $4,000 NAL. San Diego, CA District Office (8/30/02). 47 C.F.R. � 73.1745 - Unauthorized Operation Tri-County Broadcasting, Inc., Lynchburg, VA. $4,000 NAL. Norfolk, VA Resident Agent Office (8/15/02). 47 C.F.R. � 73.3526 - Local Public Inspection File for Commercial Stations Cumulus Licensing Corp., Atlanta, GA. $2,000 NAL. Kansas City, MO District Office (8/12/02). 47 C.F.R. Part 76 - Multichannel Video and Cable Television Service 47 C.F.R. � 76.605 - Technical Standards James C. Bilbrey et.al., Overton County Cable TV, Livingston, TB. $8,000 NAL. Other violation: 47 C.F.R. � 76.611 (Cable Television Basic
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  • of $21,500 for willful violation of the following sections of the Rules: 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). Radio One has presented new information which has persuaded the Bureau to reconsider and reverse the assessment of a forfeiture for violation of Section 73.3526(a)(2) of the Rules. The Bureau had assessed a forfeiture against Radio One for not maintaining a public inspection file for station WBOT(FM). It now appears, based on new
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  • District Office (9/24/02). Aracelis Ortiz, Excutrix of the Estate of Carlos Ortiz, KCOS-LP, Phoenix, AZ. $15,000 NAL. Other violation: 47 C.F.R. � 73.1125 (Station Main Studio Location). San Diego, CA District Office (9/30/02). Hunt Broadcasting Group, Inc., KPWB AM and FM, Piedmont, MO. $19,000 NAL. Other violations: 47 C.F.R. �� 73.49 (AM Transmission Fencing Requirements), 73.1350 (Transmission System Operation), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/30/02). 47 C.F.R. � 11.61 - Tests of EAS Procedures Ho'ona'auao Community Television, Inc., KWBN-TV, Honolulu, HI. $4,000 NAL. Honolulu, HI Resident Agent Office (9/27/02). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. � 17.4(a) - Antenna Structure Registration J.L. Brewer Broadcasting
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  • Office (10/22/02). 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness Radio Lake Placid, Inc., WIRD, WLPW, Lake Placid, NY. $8,000 NAL. Buffalo, NY Resident Agent Office (10/3/02). 47 C.F.R. � 11.61 - Tests of EAS Procedures Travlyn Broadcasting, Inc., WIGG(AM), Muscle Shoals, AL. $7,000 NAL. Other violation: 47 C.F.R. � 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (10/1/02). Wilkins Communications Network, Inc., KLNG, Spartansburg, SC. $3,500 NAL. Other violation: 47 C.F.R. � 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (10/3/02). 47 C.F.R. Part 17 -Construction, Marking and Lighting of Antenna Structures 47 C.F.R. � 17.4(a) - Antenna Structure Registration
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  • cancel the proposed monetary forfeiture in the amount of twenty two thousand dollars ($22,000) issued to Jamie Patrick Broadcasting, Ltd., (``Patrick''), licensee of KTRY-FM, Bastrop, Louisiana, for failure to respond to Commission correspondence, failure to install and operate Emergency Alert System (``EAS'') equipment, and failure to maintain a public inspection file in apparent willful violation of Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Commission's Rules (``Rules''). However, we conclude that Patrick willfully violated Sections 1.89(b) and 11.35(a) of the Rules and admonish Patrick for these violations. BACKGROUND On July 11, 2001, an agent from the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'') inspected KTRY-FM in Bastrop, Louisiana. During the inspection, the agent determined that no EAS equipment was installed
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  • Bureau and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''). The Consent Decree terminates the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. Fifth Avenue, licensee of WCMI(AM), apparently violated Sections 73.1225(d)(1) (failure to maintain copy of the most recent antenna impedance measurement); 73.1350(a) (failure to operate according to the terms of the station authorization); 73.1690(b)(2) (failure to file a construction permit); 73.3526(e)(1) (failure to maintain copy of current authorization in public inspection file); and 73.3526(e)(12) (failure to maintain issues/programs lists in the public inspection file) of the Commission's Rules. The Consent Decree provides, that, among other things, Fifth Avenue will implement a Compliance Plan to ensure its future compliance with the Commission's Rules and will make a $10,000 voluntary contribution to the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 1. The Enforcement Bureau of the Federal Communications Commission (``Commission or FCC'') and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue'') hereby enter into this Consent Decree for the purpose of terminating a forfeiture proceeding arising from an investigation of Fifth Avenue, for alleged violations of Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1), and 73.3526(e)(12) of the Commission's Rules (``Rules''). BACKGROUND 2. On September 14, 2000, the Federal Communications Commission received a complaint that Fifth Avenue had ``...re-located its AM transmission site into another state without prior Commission authorization...''. The complainant requested ``...immediate Commission action to require the termination of the unauthorized and potentially dangerous operations of WCMI(AM).'' On September 25, 2000, an
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  • OF VIOLATION Communications Act 47 U.S.C. � 301 - Unauthorized Operation Mt. Rushmore Broadcasting, Inc., Custer, SD (KAWK-FM, Facility ID #43916). Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring and Control), 73.1580 (Transmission System Inspections), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Denver, CO District Office (1/7/02). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. � 1.951 - Duty to Respond to Official Communications Patricia L. Kozel, Muncie, IN. Philadelphia, PA District Office (1/7/02). PCK Systems, Muncie, IN. Philadelphia, PA District Office (1/7/02). Western Pennsylvania SMR Partnership, Las Vegas, NV. Philadelphia, PA District
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  • (2/12/02). Clarke Broadcasting Corp., KAXW, Merced, CA. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1215 (Specifications for Indicating Instruments), 73.1350 (Transmission System Operations), 73.1545 (Carrier Frequency Departure Tolerances), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (2/13/02). Amaturo Group of LA, LTD, KELT(FM), Riverside, CA. San Diego, CA District Office (2/15/02). Cornerstone Television, Wall, PA. Other violations: 47 C.F.R. �� 17.17 (Existing Structures) and 17.51 (Time When Lights Should Be Exhibited). Philadelphia, PA District Office (2/15/02). D.L. Van Voorhis, Moreno Valley, CA, KHPY(AM). San
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  • File No. EB-01-IH-0441 NAL/Acct. No. 200232080010 FRN: 0005-0159-87 Facility ID No.72815 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 28, 2002 Released: March 29, 2002 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that M&R Enterprises, Inc. (``M&R''), licensee of Station WESL(AM), East St. Louis, Illinois, apparently willfully and repeatedly violated Section 73.3526 of the Commission's rules, 47 C.F.R. � 73.3526, by denying access to the public inspection file to members of the public on two occasions. We conclude that M&R is apparently liable for a ten thousand dollar ($10,000) forfeiture. Background On July 3, 2001, the Enforcement Bureau received a complaint alleging that M&R failed to comply with the Commission's public inspection
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  • the Chief, Enforcement Bureau: I. Introduction 1. In this Memorandum Opinion and Order (``Order''), we grant in part and deny in part Willis Broadcasting Corporation's (``Willis Broadcasting'') petition for reconsideration of the Forfeiture Order that we released on October 18, 2001. In the Forfeiture Order, we assessed a $25,000 forfeiture against Willis Broadcasting for violating Sections 1.89(b), 11.35(a), 17.4(a)(2), and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations relate to Willis Broadcasting's failure to respond to Commission correspondence; failure to have operational Emergency Alert System (``EAS'') equipment at WGRM-FM; failure to register WGRM-FM's antenna structure; and failure to make WGRM-FM's public inspection file available for inspection. For the reasons explained below, we reduce Willis Broadcasting's $25,000 forfeiture to $22,000. II.
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  • �� 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1225 (Station Inspections by FCC), 73.1350 (Transmission System Operations), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1800 (General Requirements Related to the Station Log), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (3/7/02). Frankford Hospital, Philadelphia, PA. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures) and 90.403 (General Operating Requirements). Philadelphia, PA District Office (3/7/02). Morelo Car Service, WPTG998, Yonkers, NY. New York, NY District Office (3/11/02). Hastings On Hudson Police Department, KEB 453, Hastings On Hudson, NY. New
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  • ) NAL/Acct. No. 200232620002 ) FRN 0006-2802-42 FORFEITURE ORDER Adopted: April 23, 2002 Released: April 25, 2002 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty two thousand dollars ($22,000) to Jamie Patrick Broadcasting, Ltd. (``Patrick''), licensee of KTRY-FM, Bastrop, Louisiana, for willful violation of Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Patrick's failure to respond to Commission correspondence, failure to install and operate Emergency Alert System (``EAS'') equipment, and failure to maintain a public inspection file. On November 27, 2001, the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture in the amount of
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  • 73.1560 (Operating Power and Mode Tolerances). Buffalo, NY Resident Agent Office (1/28/03). Pittman Broadcasting Services, L.L.C., KAOK(AM), KAOK-FM, Covington, Louisiana. $15,000 NAL. Other violation: 47 C.F.R. � 73.49 (AM Transmission Fencing Requirements). New Orleans, LA District Office (2/14/03). Victory & Power Ministries, Inc., WPFC, Baton Rouge, Louisiana. $25,000 NAL. Other violations: 47 C.F.R. �� 73.49 (AM Transmission Fencing Requirements) and 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (2/14/03). Southern Broadcasting Corporation, WENA-AM, Yauco, PR. $8,000 NAL. San Juan, PR Resident Agent (3/11/03). Jesse C. Ross and Ernestine A. Ross, WSAO(AM), Senatobia, MS. $21,000 NAL. Other violations: 47 C.F.R. �� 17.4(a) (Antenna Structure Registration) and 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA
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  • Mississippi ) ) Muscle Shoals, Alabama ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) to Tralyn Broadcasting, Inc. (``Tralyn''), licensee of Station WIGG(AM), Wiggins, Mississippi, for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Tralyn's failure to conduct weekly tests of the Emergency Alert System and failure to maintain all of the required items in the station's public inspection file. 2. On October 1, 2002, the District Director of the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'') issued a Notice of Apparent Liability
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  • FRN 0007-2843-67 Pine Bluff, Arkansas ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seventeen thousand dollars ($17,000) to Metro Birch Enterprises, Inc., (``Metro Birch'') licensee of Station KBPA(AM), Pine Bluff, Arkansas, for willful violation of Sections 73.49 and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Metro Birch's failure to enclose the station's antenna tower within an effective locked fence and failure to maintain all of the required items in the station's public inspection file. 2. On July 22, 2002, the District Director of the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'') issued a Notice
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  • BR-20030530ASK Dear Applicant: This letter refers to the captioned application of Good Body Media, LLC (``GBM'') for renewal of license for station WWGB(AM), Indian Head, Maryland. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to GBM for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WWGB(AM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. GBM indicated ``No'' to that certification, attaching an Exhibit explaining
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  • No. BRH-20030602BEZ Dear Applicant: This letter refers to the captioned application of Southern Communications Corp. (``Southern'') for renewal of license for station WMTD-FM, Hinton, West Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Southern for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WMTD-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. Southern indicated ``No'' to that certification, attaching an Exhibit explaining
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  • No. BR-20030602BFP Dear Applicant: This letter refers to the captioned application of Southern Communications Corp. (``Southern'') for renewal of license for station WMTD(AM), Hinton, West Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Southern for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WMTD(AM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. Southern indicated ``No'' to that certification, attaching an Exhibit explaining
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3067A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3067A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3067A1.txt
  • No. BR-20030602BDY Dear Licensee: This letter refers to the captioned application of Southern Communications Corp. (``Southern'') for renewal of license for station WIWS(AM), Beckley, West Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Southern for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R � 73.3526, and we grant the WIWS(AM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. Southern indicated ``No'' to that certification, explaining in its attached
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3068A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3068A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3068A1.txt
  • No. BRH-20030530APN Dear Licensee: This letter refers to the captioned application of Starcast Systems Inc. (``Starcast'') for renewal of license for station WQZK-FM, Keyser, West Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Starcast for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R � 73.3526, and we grant the WQZK-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. Starcast indicated ``No'' to that certification, explaining in its attached
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3069A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3069A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3069A1.txt
  • File No. BRH-20030528AKL Dear Counsel: This letter refers to the captioned application of Mel Wheeler, Inc. (``Wheeler'') for renewal of license for station WXLK(FM), Roanoke, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Wheeler for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R � 73.3526, and we grant the WXLK(FM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. Wheeler indicated ``No'' to that certification, explaining in its attached
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3070A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3070A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3070A1.txt
  • to James Madison University Board of Visitors for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3527, and we grant the WXJM-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. James Madison University Board of Visitors indicated ``No'' to that certification, attaching an Exhibit explaining that all required Issues reports through 4th quarter 2001 were either filed late or are missing. The Exhibit states that the Form 395 Annual Employment Report for 1997
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  • Dear Mr. Roberts: This letter refers to the captioned application of WDCI Radio, Inc. for renewal of license for station WDCI-FM, Bridgeport, West Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to WDCI Radio, Inc. for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WDCI-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. WDCI Radio, Inc. indicated ``No'' to
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  • to the captioned application of Faith Christian Music Broadcast Ministries, Inc. for renewal of license for station WYRV-AM, Cedar Bluff, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Faith Christian Music Broadcast Ministries, Inc. for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WYRV-AM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Faith Christian Music Broadcast Ministries, Inc.
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  • Board of Trustees of Eastern Mennonite University for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3527, and we grant the WEMC-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Board of Trustees of Eastern Mennonite University indicated ``No'' to that certification, attaching an Exhibit explaining that the issues/programs lists for quarters one and two of 2001were not placed in the public file, and the annual employments reports for 1998 and 1999 are
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  • A FORFEITURE to National Cable Satellite Corp. for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3527, and we grant the WCSP-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. National Cable Satellite Corp. indicated ``No'' to that certification, attaching an Exhibit explaining that it did not always place the issues/programs lists in the public inspection file within the time frames required by Section 73.3527(e)(8). The Exhibit notes that steps have been taken
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  • Dear Mr. Mullen: This letter refers to the captioned application of Starcast Systems, Inc. for renewal of license for station WKLP-AM, Keyser, West Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Starcast Systems, Inc. for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WKLP-AM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Starcast Systems, Inc. indicated ``No'' to
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  • Mr. Devine: This letter refers to the captioned application of Oakland Media Group, Inc. for renewal of license for station WMSG-AM, Oakland, Maryland. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Oakland Media Group, Inc. for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WMSG-AM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Oakland Media Group, Inc. indicated ``No''
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  • Dear Mr. Southern: This letter refers to the captioned application of Southern Communications Corp. for renewal of license for station WCIR-FM, Beckley, West Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Southern Communications Corp. for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WCIR-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Southern Communications Corp. indicated ``No'' to
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  • BRH-20030530AQH Dear Mr. Satten: This letter refers to the captioned application of Bonneville Holding Co. for renewal of license for station WTOP-FM, Warrenton, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Bonneville Holding Co. for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WTOP-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Bonneville Holding Co. indicated ``No'' to
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  • Mr. Madden: This letter refers to the captioned application of M. Belmont Verstandig, Inc. for renewal of license for station WHBG-AM, Harrisonburg, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to M. Belmont Verstandig, Inc. for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WHBG-AM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. M. Belmont Verstandig, Inc. indicated ``No''
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  • BRH-20030602CDO Dear Mr. Kellough: This letter refers to the captioned application of Mid-Virginia Broadcasting Corp. for renewal of license for station WLSA-FM, Louisa, VA. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Mid-Virginia Broadcasting Corp. for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WLSA-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Mid-Virginia Broadcasting Corp. indicated ``No'' to
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  • Ms. Bunkin: This letter refers to the captioned application of Capstar TX Limited Partnership for renewal of license for station WYYD-FM, Amherst, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Capstar TX Limited Partnership for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WYYD-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Capstar TX Limited Partnership indicated ``No''
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  • BR-20030602CMD Dear Ms. Bunkin: This letter refers to the captioned application of Capstar TX Limited Partnership (``Capstar'') for renewal of license for station WMGR-FM, Roanoke, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Capstar for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WMGR-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526, has been placed in the station's public inspection file at the appropriate times. Capstar indicated ``No'' to that certification, attaching an Exhibit explaining
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3083A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3083A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3083A1.txt
  • BR-20030602CMF Dear Ms. Bunkin: This letter refers to the captioned application of Capstar TX Limited Partnership (``Capstar'') for renewal of license for station WSNV(FM), Salem, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Capstar for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WSNV(FM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526, has been placed in the station's public inspection file at the appropriate times. Capstar indicated ``No'' to that certification, attaching an Exhibit explaining
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3084A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3084A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3084A1.txt
  • BR-20030602CLW Dear Ms. Bunkin: This letter refers to the captioned application of Capstar TX Limited Partnership (``Capstar'') for renewal of license for station WGMN(AM), Roanoke, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Capstar for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WGMN(AM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526, has been placed in the station's public inspection file at the appropriate times. Capstar indicated ``No'' to that certification, attaching an Exhibit explaining
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3085A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3085A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3085A1.txt
  • BR-20030602CMG Dear Ms. Bunkin: This letter refers to the captioned application of Capstar TX Limited Partnership (``Capstar'') for renewal of license for station WVGM(AM), Lynchburg, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Capstar for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WVGM(AM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526, has been placed in the station's public inspection file at the appropriate times. Capstar indicated ``No'' to that certification, attaching an Exhibit explaining
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  • No. BR-20030602BVT Dear Mr. Swift: This letter refers to the captioned application of Bay Broadcasting Corporation (``BBC'') for renewal of license for station WYRE(AM), Annapolis, Maryland. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to BBC for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WYRE license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526, has been placed in the station's public inspection file at the appropriate times. BBC indicated ``No'' to that certification, attaching an Exhibit explaining
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  • No. BR-20030528AKJ Dear Mr. Pepper: This letter refers to the captioned application of Mel Wheeler, Inc., (``MWI'') for renewal of license for station WFIR(AM), Roanoke, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to MWI for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WFIR license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526, has been placed in the station's public inspection file at the appropriate times. MWI indicated ``No'' to that certification, attaching an Exhibit explaining
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  • No. BRH-20030528AKI Dear Mr. Pepper: This letter refers to the captioned application of Mel Wheeler, Inc., (``MWI'') for renewal of license for station WSLC-FM, Roanoke, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to MWI for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WSLC-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526, has been placed in the station's public inspection file at the appropriate times. MWI indicated ``No'' to that certification, attaching an Exhibit explaining
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  • BRH-20030602AAH Dear Mr. Devine: This letter refers to the captioned application of Oakland Media Group, Inc., (``Oakland'') for renewal of license for station WWHC(FM), Oakland, Maryland. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Oakland for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WWHC(FM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526, has been placed in the station's public inspection file at the appropriate times. Oakland indicated ``No'' to that certification, attaching an Exhibit explaining
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  • No. 200332560020 McPherson, Kansas ) FRN 0008-5372-92 ) FORFEITURE ORDER Adopted: October 21, 2003 Released: October 23, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Davies Communications Inc. (``Davies''), licensee of KBBE and KNGL, McPherson, Kansas, for willful and repeated violation of Section 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violation involves failing to maintain all required material in the stations' public inspection files. 2. On April 7, 2003, the District Director of the Commission's Kansas City, Missouri Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Davies. Davies has not filed
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  • 10, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000), to Radio X Broadcasting Corporation (``Radio X''), licensee of Station WXLX(FM), Lajas, Puerto Rico, and owner of antenna structure number 1043256, Cabo Rojo, Puerto Rico, for willful violation of Sections 17.50 and 73.3526(b) of the Commission's Rules ("Rules"). The noted violations involve Radio X's failure to clean and repaint it antenna structure to maintain good visibility and its failure to maintain the Station WXLX(FM)'s public inspection file at the main studio. 2. On September 5, 2002, the Commission's San Juan, Puerto Rico Resident Agent Office ("San Juan Office") issued a Notice of Apparent
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  • ) ) ) ) ) ) ) File No. EB-02-IH-0619 NAL/Acct. No. 200432080007 FRN: 0003476827 Facility ID # 40877 Adopted: November 24, 2003 Released: November 26, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that McGraw-Hill Broadcasting Co., Inc. (``M-H''), licensee of Station WRTV(TV), Indianapolis, Indiana, apparently violated section 73.3526 of the Commission's rules, by willfully and repeatedly failing to provide public access to the station's local public inspection file. Based upon our review of the facts and circumstances in this case, we conclude that M-H is apparently liable for a forfeiture in the amount of Eight Thousand Dollars ($8,000.00). II. BACKGROUND The Commission received a complaint from Mr. Martin
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  • FORFEITURE ORDER Adopted: December 17, 2003 Released: December 19, 2003 By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Hunt Broadcasting Group, Inc. (``Hunt''), licensee of radio stations KPWB(AM) and KPWB-FM, located in Piedmont, Missouri, for willful violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6), and 73.3526(e)(12) of the Commission's Rules (``Rules''). The noted violations involve Hunt's failure to provide an effective locked fence enclosing the base of station KPWB(AM)'s antenna, failure to provide transmitter control and monitoring capabilities, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain all required items in the joint public inspection file for KPWB(AM) and
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  • Operational Readiness Minority Business and Housing Development, Inc., WYGG, Uniondale, NY. $13,000 NAL. Other violation: 47 C.F.R. � 73.1350 (Transmission System Operation). Philadelphia, PA District Office (12/30/02). 47 C.F.R. � 11.52 -- EAS Code and Attention Signal Monitoring Requirements MRJ, Inc., Pineville, WV. $22,000 NAL. Other violations: 47 C.F.R. �� 17.4 (Antenna Structure Registration), 73.49 (AM Transmission Fencing Requirements) and 73.3526 (Local Public Inspection File for Commercial Stations). Columbia, MD District Office (12/26/02). 47 C.F.R. � 11.61 - Tests of EAS Procedures Radio Station WWAM, Inc., WWAM(AM), Lakeland, FL. $2,000 NAL. Tampa, FL District Office (12/9/02). Petracom of Joplin, L.L.C., KCAR-FM, Lutz, FL. $3,500 NAL. Other violation: 47 C.F.R. � 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO
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  • ) FORFEITURE ORDER Adopted: April 14, 2004 Released: April 16, 2004 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Blountstown Communications, Inc. (``Blountstown''), licensee of AM radio station WYBT and FM radio station WPHK, Blountstown, Florida, for willful violations of Sections 11.35, 73.49 and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations involve Blountstown failing to ensure that the Emergency Alert System equipment was operational, failing to enclose the base of the antenna system within an effective locked fence and failing to make available a complete public file. 2. On December 16, 2003, the District Director of the Commission's Tampa, Florida Field Office (``Tampa
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  • Sections 11.52(a), 17.4, and 73.49 and failed to allow access to the public inspection file in apparent willful violation of 73.3256(c) of the Commission's Rules (``Rules''). While we cancel the forfeiture for a demonstrated inability to pay, we admonish MRJ for its willful and repeated violation of Sections 11.52(a), 17.4, 73.49 of the Rules and its willful violation of Section 73.3526(c) of the Rules. II. BACKGROUND On August 14, 2002, an agent from the Commission's Columbia, Maryland Office (``Columbia Office'') conducted an inspection of Station WWYO, Pineville, West Virginia, for compliance with Commission Rules. Following issuance of a Notice of Violation for numerous Rules violations, and a Continuation of Notice of Violation, the licensee replied on September 30, 2002. On December
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  • EB-02-OR-274 NAL/Acct. No.200332620003 FRN 0007-0069-84 FORFEITURE ORDER Adopted: May 10, 2004 Released: May 12, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000), to Metropolitan Radio Group, Inc. (``Metropolitan''), licensee of Station KTKC-FM, Springhill, Louisiana, for willful violation of Sections 73.1125(a) and 73.3526(b) of the Commission's Rules ("Rules"). The noted violations involve Metropolitan's failure to maintain the required staff and management presence at the station's main studio and failure to maintain all of the required material in the station's public inspection file. 2. On November 19, 2002, the Commission's New Orleans, Louisiana, Field Office ("New Orleans Office") issued a Notice of Apparent Liability
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  • is punishable by fine or imprisonment (see 18 U.S.C. � 1001; see also 47 C.F.R. � 1.17), and/or revocation of any station license or construction permit [47 U.S. Code � 312(a)(1)], and/or forfeiture (47 U.S.C. � 503). Should you have any questions regarding this matter, please contact the EEO Staff at (202) 418-1450. 6. In accordance with 47 C.F.R. � 73.3526(e)(10) for commercial stations and 47 C.F.R. � 73.3527(e)(11) for noncommercial stations, copies attached, you are required to place a copy of this letter and your response in your public inspection file. Sincerely, Lewis Pulley Assistant Chief, Policy Division Media Bureau Attachment 6 7 t � 3 4 3 4 0 5 6 9 0 5 6 9 0 5 6
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  • FRN 0007-7594-00 FORFEITURE ORDER Adopted: May 28, 2004 Released: June 2, 2004 By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a forfeiture in the amount of thirteen thousand six hundred dollars ($13,600) to Greenwood Acres Baptist Church (``Greenwood''), licensee of AM broadcast station KASO, Minden, Louisiana, for willful and repeated violations of Sections 73.49 and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Greenwood's failure to maintain an effective locked fence enclosing its antenna tower, and failure to maintain all required material in its public inspection file. On December 5, 2002, the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of
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  • beyond that required by our EEO rules. Thus, the audit letters comply with the Commission's authorized procedure for EEO audits. Finally, you state that the Commission's customary practice is to maintain the confidentiality of investigations and you argue that licensees should not be required to place a copy of the audit letter and responses in their public inspection file. Sections 73.3526(e)(10) and 73.3527(e)(11) of our rules, however, quite clearly provide that broadcast stations must place in their local public inspection files material relating to FCC investigations. We have no warrant to deviate from that requirement here. Accordingly, in view of the foregoing, the Emergency Request for Broadcast EEO Audit Relief filed by the State Associations of Broadcasters IS DENIED. Sincerely, W.
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  • not warrant a reduction in the forfeiture amount. Finally, Metro Radio claims that the forfeiture should be reduced or cancelled in light of its overall history of compliance with the Rules. We disagree. We recently issued a Forfeiture Order in the amount of twelve thousand dollars ($12,000) against the Metropolitan Radio Group, Inc. for willful violation of Sections 73.1125(a) and 73.3526(b) of the Rules. Metropolitan Radio Group, Inc. owns 100 percent of the assets of Metro Radio. Because Metro Radio's parent company has previously violated the rules, we find that a reduction of the assessed forfeiture amount is not warranted. We have examined Metro Radio's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture
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  • Dear Mr. Timmons: This letter refers to the captioned application of KM Radio of Pearson, L.L.C. (``KRP'') for renewal of license for station WPNG(FM), Pearson, Georgia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to KRP for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WPNG(FM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. KRP indicated ``No'' to that certification, attaching an Exhibit explaining
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  • BRH-20031208BAM Dear Ms. Bunkin: This letter refers to the captioned application of Capstar TX Limited Partnership (``Capstar'') for renewal of license for station WMCZ(FM), Millbrook, Alabama. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Capstar for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WMCZ(FM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. Capstar indicated ``No'' to that certification, attaching an Exhibit explaining
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  • No. BR-20030730AHA Dear Mr. Tillotson: This letter refers to the captioned application of Frank Neely (``Neely'') for renewal of license for station WLTC(AM), Gastonia, North Carolina. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Neely for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WLTC(AM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Neely indicated ``No'' to that certification,
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  • LIABLILITY FOR A FORFEITURE to Glen Iris for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3527, and we grant the WGIB(FM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Glen Iris indicated ``No'' to that certification, filing an amendment to its Exhibit explaining that none of the issues/programs lists required to be placed in its public file were timely placed in the file during the past license term. The amendment notes that
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  • LIABLILITY FOR A FORFEITURE to Glen Iris for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3527, and we grant the WQEM(FM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Glen Iris Baptist School indicated ``No'' to that certification, filing an amendment to its Exhibit explaining that the issues/program lists for all four quarters of 2003 - the period of Glen Iris' tenure as licensee -- were missing. Glen Iris states that all
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  • No. BR-20040128ADF Dear Mr. Riley: This letter refers to the captioned application of KUOA Incorporated (``KUOA'') for renewal of license for station KUOA(AM), Siloam Springs, Arkansas. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to KUOA for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the KUOA(AM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. KUOA indicated ``No'' to that certification,
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  • APPARENT LIABLILITY FOR A FORFEITURE to JBU for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3527, and we grant the KLRC(FM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. JBU indicated ``No'' to that certification, filing an amendment to its Exhibit explaining that the complete issues/program lists from January 10, 1999, through January 10, 2003, were not placed in the public file. JBU states that the issues/programs lists for 2003 have been
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  • No. BR-20040202AGY Dear Mr. Chautin: This letter refers to the captioned application of WGSO, L.L.C. (``WGSO'') for renewal of license for station WGSO(AM), New Orleans, Louisiana. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to WGSO for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R. Section 73.3526, and we grant the WGSO(AM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. WGSO indicated ``No'' to that certification, attaching an Exhibit explaining
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  • 0004 0757 35 FORFEITURE ORDER Adopted: July 19, 2004 Released: July 22, 2004 By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand six hundred dollars ($13,600) to FNX Broadcasting, LLC (``FNX''), licensee of radio station WPHX(AM), Sanford, Maine, for willful and repeated violation of Sections 73.1125 and 73.3526(b) of the Commission's Rules (``Rules''). The noted violations involve FNX's failure to maintain a meaningful managerial and staff presence at its main studio, and failure to maintain the public inspection file at the main studio. On October 29, 2002, the Commission's Boston, Massachusetts Office (``Boston Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') to FNX for a forfeiture
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  • 0004 0757 35 FORFEITURE ORDER Adopted: July 19, 2004 Released: July 22, 2004 By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand six hundred dollars ($13,600) to FNX Broadcasting, LLC (``FNX''), licensee of radio station WPHX-FM, Sanford, Maine, for willful and repeated violation of Sections 73.1125 and 73.3526(b) of the Commission's Rules (``Rules''). The noted violations involve FNX's failure to maintain a meaningful managerial and staff presence at its main studio, and failure to maintain the public inspection file at the main studio. On October 29, 2002, the Commission's Boston, Massachusetts Office (``Boston Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') to FNX for a forfeiture
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  • FRN 0008-5822-31 ) ) ) FORFEITURE ORDER Adopted: August 5, 2004 Released: August 9, 2004 By the Chief, Enforcement Bureau: In this Forfeiture Order ("Order") we issue a monetary forfeiture in the amount of nine thousand, two hundred dollars ($9,200) to Marion R. Williams (``Williams''), licensee of AM broadcast Station WONG, Canton, Mississippi, for willful violation of Sections 73.49 and 73.3526(c)(1) of the Commission's Rules (``Rules''). The noted violations involved Williams's failure to enclose the station's antenna tower within an effective locked fence or other enclosure and to make most required items in the station's public inspection file available for public inspection during regular business hours. 2. In an April 14, 2003 Notice of Apparent Liability for Forfeiture (``NAL''), the Commission's
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  • By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) to RJM Communications, Inc. (``RJM''), licensee of radio station WGSR(AM), Fernandina Beach, Florida, for willful and repeated violation of Sections 73.1125 and 73.1745(a) of the Commission's Rules (``Rules'') and for willful violation of Section 73.3526(c)(1) of the Rules. The noted violations involve RJM's failure to maintain a presence at its main studio, operation in excess of authorized nighttime operating power, and failure to make station WGSR(AM)'s public inspection file available during regular business hours. II. BACKGROUND On July 15, 2003, the Commission's Tampa, Florida Office (``Tampa Office'') released a Notice of Apparent Liability for Forfeiture
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  • a monetary forfeiture originally imposed for willful violation of the following Rules: 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). In a series of rulings, the Enforcement Bureau and the Commission reduced the originally proposed monetary forfeiture of $22,000 to $8,000 on the basis that Radio One did maintain a public inspection file and had a history of overall compliance. 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4). 47 U.S.C. � 504(a). See 47 C.F.R.
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  • of its request for cancellation or reduction, JMK states that it has ``an overall past history of compliance with the Commission's rules.'' After a review of Commission records, we have determined that no mitigation is warranted for a history of overall compliance. On March 4, 2004, the Columbia Office issued an NAL to JMK for violations of Sections 11.35(a), 73.1745(a), 73.3526(e)(5) and 73.3526(e)(12) of the Rules at Radio Station WPWC, Dumfries-Triangle, VA, licensed to JMK. JMK, therefore, has no history of overall compliance. 12. Considering the entire record and the factors listed above, we find that there is no basis for cancellation or reduction of the proposed monetary forfeiture. Accordingly, we find that JMK willfully violated Sections 1.89, 73.1125(a), and 73.49
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  • Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a forfeiture in the amount of eighteen thousand dollars ($18,000) to Union Broadcasting, Inc. (``Union''), licensee of AM broadcast station KCTE, Independence, Missouri and AM Broadcast station WHB, Kansas City, Missouri, for willful and repeated violations of Sections 73.1745(a) of the Commission's Rules (``Rules'') and willful violation of Section 73.3526(c) of the Rules. The noted violations concern Union's operation of KCTE with modes and at hours not specified in the KCTE station authorization, and for failure to make the KCTE and WHB public inspection files available to the public. On February 18, 2003, the Commission's Kansas City, Missouri Field Office (``Kansas City Office'') released a Notice of Apparent Liability for
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  • Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a forfeiture in the amount of eighteen thousand dollars ($18,000) to Union Broadcasting, Inc. (``Union''), licensee of AM broadcast station KCTE, Independence, Missouri and AM Broadcast station WHB, Kansas City, Missouri, for willful and repeated violations of Sections 73.1745(a) of the Commission's Rules (``Rules'') and willful violation of Section 73.3526(c) of the Rules. The noted violations concern Union's operation of KCTE with modes and at hours not specified in the KCTE station authorization, and for failure to make the KCTE and WHB public inspection files available to the public. On February 18, 2003, the Commission's Kansas City, Missouri Field Office (``Kansas City Office'') released a Notice of Apparent Liability for
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  • No.200432500005 FRN 0004-5420-31 FORFEITURE ORDER Adopted: September 21, 2004 Released: September 23, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to EICB-TV, LLC (``EICB''), licensee of Class A television station KUOT-CA Oklahoma City, Oklahoma, for willful and repeated violation of Section 73.3526(c)(1) of the Commission's Rules (``Rules''). The noted violations involve EICB's failure to have available for public inspection all of the materials required to be kept in the station's public inspection file. On April 7, 2004, the Commission's Dallas, Texas, Field Office (``Dallas Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to EICB for a forfeiture in the amount
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  • Radio X Broadcasting Corporation (``Radio X''), licensee of Station WXLX(FM), Lajas, Puerto Rico, and owner of antenna structure number 1043256, Cabo Rojo, Puerto Rico. Radio X seeks reconsideration of a November 10, 2003 Forfeiture Order (``Order''), in which the Enforcement Bureau issued a monetary forfeiture in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 17.50 and 73.3526(b) of the Commission's Rules ("Rules"). The noted violations involve Radio X's failure to clean and repaint its antenna structure to maintain good visibility and its failure to maintain the Station WXLX(FM)'s public inspection file at the main studio. For the reasons discussed below, we reduce the monetary forfeiture to sixteen thousand dollars ($16,000). background On August 21, 2002, Commission agents
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  • Rcd 6768 (MB 2001) ( finding Park Forest independent of the Chicago Urbanized Area with a population 0.8% of Chicago); Ada, Newcastle and Watonga, Oklahoma, 11 FCC Rcd 16896 (MMB 1996) (finding Newcastle independent of the Oklahoma City Urbanized Area with a population 0.9% of Oklahoma City). Headland, Alabama, and Chattahochee, Florida, 10 FCC Rcd 10352 (1995). 47 C.F.R. � 73.3526(e)(12). See Detroit Lakes and Barnesville, Minnesota, and Enderlin, North Dakota, 17 FCC Rcd 25055 (MMB 2002); see also Letter from Peter H. Doyle, Acting Chief, Audio Services Division, to Paul A. Cuelski, Esq. et al, File No. BAPH-20011101ABD (May 24, 2001). (continued....) Federal Communications Commission DA 04-3057 Federal Communications Commission DA 04-3057 �@��� �@��� �@��� � � � � �@���
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  • Released: October 4, 2004 By the Assistant Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to The Paradise Network of North Carolina, Inc. (``TPN''), licensee of AM radio stations WHNC, Henderson, North Carolina and WCBQ, Oxford, North Carolina, for willful and repeated violation of Sections 11.35 and 73.3526(c)(1) of the Commission's Rules (``Rules''). The noted violations involve TPN's failure to install and maintain Emergency Alert System (``EAS'') equipment and failure to make available for inspection the complete public inspection file. 2. On June 23, 2004, the Resident Agent of the Commission's Norfolk, Virginia Field Office (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the
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  • NAL/Acct. No. 200332980005 FRN: 0001567817 FORFEITURE ORDER Adopted: October 1, 2004 Released: October 4, 2004 By the Assistant Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to Butterfield Broadcasting Corporation (``Butterfield''), licensee of radio station KULE(AM), Ephrata, Washington, for its willful and repeated violation of Section 73.3526(e)(1) of the Commission's Rules (``Rules''). The violation involves Butterfield's failure to maintain a copy of station KULE(AM)'s authorization in the station's public inspection file. On April 30, 2003, the Commission's Seattle, Washington Office (``Seattle Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') to Butterfield for a forfeiture in the amount of two thousand dollars ($2,000). Butterfield filed a
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  • Mississippi ) FRN: 0005015425 ) FORFEITURE ORDER Adopted: October 5, 2004 Released: October 8, 2004 By the Assistant Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to Jason Konarz (``Konarz''), licensee of radio station WQMA(AM), Marks, Mississippi, for willful and repeated violation of Sections 11.35(a), 73.1745(a), and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations involve Konarz's failure to install and maintain operational Emergency Alert System (``EAS'') equipment, failure to operate consistent with authorized power levels and discontinue operating at night, and failure to make available for inspection all of the required materials in the station's public inspection file. 2. On July 21, 2004, the District Director
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  • the Assistant Chief, Enforcement Bureau introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to Victory & Power Ministries, Inc. (``VPM''), licensee of Station WPFC(AM), Baton Rouge, Louisiana for willful violations of the Emergency Alert System (``EAS''), the antenna fencing and the public file requirements of Sections 11.35(a), 73.49 and 73.3526(c) of the Commission's Rules (``Rules''). Background On November 13, 2002, the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'') inspected Station WPFC(AM)'s facilities, and observed that the EAS equipment was not operational or tested, that EAS tests were not logged, that the fence enclosing its antenna structure was not locked, and that the public file could not be located
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  • BRH-20030602CNR Dear Ms. Bunkin: This letter refers to the captioned application of Capstar TX Limited Partnership (``Capstar'') for renewal of license for station WJJS-FM, Vinton, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Capstar for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WJJS-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. In its original application, Capstar marked ``Yes'' to that certification.
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  • BRH-20030602CNP Dear Ms. Bunkin: This letter refers to the captioned application of Capstar TX Limited Partnership (``Capstar'') for renewal of license for station WJJX-FM, Lynchburg, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Capstar for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WJJX-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. In its original application, Capstar marked ``Yes'' to that certification.
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  • of twenty-one thousand dollars ($21,000) to Jesse C. Ross and Ernestine A. Ross, (``Ross''), the licensee of AM radio station WSAO, Senatobia, Mississippi and owner of the antenna structure at North 34 36' 56'' latitude, West 089 56' 09'' longitude, for willful and repeated violation of Section 17.4(a) of the Commission's Rules (``Rules'') and willful violation of Sections 11.35(a) and 73.3526(c)(1) of the Rules. The noted violations involve Ross's failure to register its antenna structure for radio station WSAO, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to make available all required public file documents during regular business hours. On March 18, 2003, the Commission's New Orleans, Louisiana District Office (``New Orleans Office'') issued a Notice of Apparent
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  • BRH-20030602CNN Dear Ms. Bunkin: This letter refers to the captioned application of Capstar TX Limited Partnership (``Capstar'') for renewal of license for station WROV-FM, Martinsville, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Capstar for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WROV-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. In its original application, Capstar marked ``Yes'' to that certification.
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  • BRH-20030602CME Dear Ms. Bunkin: This letter refers to the captioned application of Capstar TX Limited Partnership (``Capstar'') for renewal of license for station WMJA-FM, Appomattox, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Capstar for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WMJA-FM license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. In its original application, Capstar marked ``Yes'' to that certification.
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  • EB-03-KC-021 NAL/Acct. No. 200332560019 FRN 0005-0141-62 Forfeiture Order Adopted: November 9, 2004 Released: November 15, 2004 By the Assistant Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we impose a forfeiture of two thousand dollars ($2,000) on Community Broadcasting, Inc. (``Community'') licensee of Radio Station KCRL-FM (``Station KCRL''), in Sunrise Beach, Missouri, for willful and repeated violation of Section 73.3526(a)(2) of the Commission's Rules (``Rules''). The violations involve Community's failure to maintain all required items in the public inspection file (``public file''). On March 11, 2003, the District Director of the Commission's Kansas City, Missouri Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twenty five hundred dollars ($2,500) to Community
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  • a forfeiture is warranted here. In view of the totality of the circumstances of this case, including the narrow scope of the violation, we conclude that an admonition, and not a monetary sanction, is appropriate. IV. ORDERING CLAUSES 4. ACCORDINGLY, IT IS ORDERED THAT Emmis Television License Corporation, licensee of Station WTHI-TV, Terre Haute, Indiana, IS ADMONISHED for violating section 73.3526(e)(9) of the Commission's rules, 47 C.F.R. � 73.3526(e)(9). 5. IT IS FURTHER ORDERED that the complaint filed in this matter IS GRANTED to the extent indicated herein, and IS OTHERWISE DENIED, and the complaint proceeding IS HEREBY TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall be sent, by Certified Mail/Return Receipt Requested,
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  • No.200432500004 FRN 0001-5952-14 FORFEITURE ORDER Adopted: December 22, 2004 Released: December 27, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000), to Citadel Broadcasting Company (``Citadel''), licensee of Station KSYY(FM), Kingfisher, Oklahoma, for willful and repeated violation of Sections 73.1125(a) and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Citadel's failure to maintain the required staff and management presence at the station's main studio and failure to maintain all of the required material in the station's public inspection file. 2. On March 8, 2004, the Commission's Dallas, Texas, Field Office ("Dallas Office") issued a Notice of Apparent Liability for Forfeiture
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  • No.200432500004 FRN 0001-5952-14 FORFEITURE ORDER Adopted: December 22, 2004 Released: December 27, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000), to Citadel Broadcasting Company (``Citadel''), licensee of Station KSYY(FM), Kingfisher, Oklahoma, for willful and repeated violation of Sections 73.1125(a) and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Citadel's failure to maintain the required staff and management presence at the station's main studio and failure to maintain all of the required material in the station's public inspection file. 2. On March 8, 2004, the Commission's Dallas, Texas, Field Office ("Dallas Office") issued a Notice of Apparent Liability for Forfeiture
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  • FRN: 0005-0080-16 FORFEITURE ORDER Adopted: December 22, 2004 Released: December 23, 2004 By the Assistant Chief, Enforcement Bureau: INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to Rama Communications (``Rama''), licensee of AM radio station WLAA, Winter Garden, Florida, for willful and repeated violation of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to make available the required public file documents during regular business hours. 2. On March 5, 2004, the Commission's Tampa, Florida District Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Rama for a forfeiture
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  • 200432340004 ) FRN 0006-1615-09 ) FORFEITURE ORDER Adopted: December 22, 2004 Released: December 27, 2004 By the Assistant Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fourteen thousand dollars ($14,000) to JMK Communications, Inc. (``JMK''), licensee of radio station WPWC(AM), Dumfries, Virginia, for willful and repeated violation of Sections 73.1745(a), 73.3526(e)(5), and 73.3526(e)(12) of the Commission's Rules ("Rules"). The noted violations involve JMK's operation of station WPWC(AM) at unauthorized power levels and its failure to place the most current ownership report and a list of programs that have provided WPWC's most significant treatment of community issues in the public inspection file. On March 4, 2004, the District Director of the Commission's
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  • ("Order") we grant in part and deny in part the Petition for Reconsideration filed by Tralyn Broadcasting, Inc. (``Tralyn''), licensee of Station WIGG(AM), Wiggins, Mississippi. Tralyn seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $7,000 for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Tralyn's failure to conduct weekly tests of the Emergency Alert System and failure to maintain all of the required items in the station's public inspection file. We lower the forfeiture here to $5,600 based on Tralyn's history of overall compliance. 2. On October 1, 2002, the District Director of the Commission's
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  • 0005-0098-40 ) FORFEITURE ORDER Adopted: April 2, 2004 Released: April 6, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand, five hundred dollars ($3,500) to Petracom of Joplin, L.L.C. (``Petracom''), licensee of station KCAR-FM, Galena, Kansas, for willful and repeated violations of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve, respectively, Petracom's failure to conduct weekly Emergency Alert System (``EAS'') tests and to include ``issues/programs'' lists in the station's public file. On December 12, 2002, the Commission's Kansas City, Missouri Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three thousand, five
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  • ) FRN 0006351688 ) FORFEITURE ORDER Adopted: April 5, 2004 Released: April 7, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000), to Trade Center Management, Inc. (``Trade Center''), licensee of Station KHRA, Honolulu, Hawaii, for willful and repeated violation of Section 73.3526(b) of the Commission's Rules ("Rules"). The noted violation involves Trade Center's failure to maintain the Station KHRA's public inspection file at the main studio. 2. On October 31, 2002, the Commission's Honolulu, Hawaii, Resident Agent Office ("Honolulu Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of ten thousand dollars ($10,000) to Trade Center. Trade Center
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  • Mr. Kerr: This letter refers to the captioned application of Dick Broadcasting Company, Inc. of Tennessee, (``DBCIT'') for renewal of license for station WKZL(FM), Winston-Salem, NC. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to DBCIT for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3526, and we grant the WKZL(FM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526, has been placed in the station's public inspection file at the appropriate times. DBCIT indicated ``No'' to that certification, attaching an Exhibit explaining
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  • 73.1125 KFRA, KDDK Failure to Designate Chief Operator 47 C.F.R. �� 73.1350(a)-(c), 73.1870 KFRA, KDDK Excess operating power 47 C.F.R. � 73.1560(b) KDDK Failure to conduct equipment performance measurements 47 C.F.R. � 73.1590(a)(6) KFRA Failure to maintain station logs 47 C.F.R. �� 73.1800, 73.1820, 73.1840 KFRA, KDDK Failure to maintain public file and make public file available 47 C.F.R. � 73.3526 KFRA, KDDK TABLE II PAYMENT SCHEDULE Date Amount January 17, 2005 $5007 February 15, 2005 $1363 March 15, 2005 $1363 April 15, 2005 $1363 May 16, 2005 $1363 June 15, 2005 $1363 July 15, 2005 $1363 August 15, 2005 $1363 September 15, 2005 $1363 October 17, 2005 $1363 November 15, 2005 $1363 December 15, 2005 $1363 47 U.S.C. � 154(i).
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  • this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed by Trade Center Management, Inc. (``Trade Center''), licensee of Station KHRA(AM) Honolulu, Hawaii. Trade Center seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $8,000 for willful and repeated violation of Section 73.3526(b) of the Commission's Rules (``Rules''). The noted violation involves Trade Center's failure to maintain Station KHRA's public inspection file at the station's main studio. II. BACKGROUND 2. On August 2, 2002, Commission agents from the Commission's Honolulu, Hawaii Resident Agent Office inspected Station KHRA and its main studio. The agents found that there was no public inspection file maintained at
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  • Cooper are properly excluded. In light of these conclusions, Piedmont has provided no authenticated evidence to support its claim that the 2003 Report was false or inaccurate. We therefore reject that argument, as well as the false certification and unauthorized transfer of control arguments based on the premise that the 2003 Report was false. Public inspection file rule violation: Section 73.3526 of the Commission's rules requires each commercial broadcast station to maintain a public inspection file containing materials related to the station's operation. In its Petition, Piedmont claims that several items were missing from WKVE(FM)'s public inspection file when Mr. Wimmer went to view the file. Piedmont states that the file contained no ownership reports dated after 1995, no copy of
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  • Piedmont raises three claims warranting consideration at this time: 1) Southern's 2003 Biennial Ownership Report is inaccurate and conceals an unauthorized transfer of control of WKVE(FM); 2) Southern failed to properly maintain its public inspection file; and 3) Southern misrepresented facts to the Commission when it amended the Application to certify compliance with the Commission's public inspection file rule, Section 73.3526, even though WVKE(FM)'s file was not in fact compliant with the rules. Discussion. Procedural Matter. Piedmont's Motion sought additional time to file its Reply to Opposition to Petition to Deny because one of the critical pieces of information - Southern's purported 2003 Ownership Report - had only recently become publicly available, and Piedmont requested additional time to investigate the pleading's
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  • Adopted: July 25, 2005 Released: July 27, 2005 By the Regional Director, South Central Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to Twenty-One Sound Communications, Inc. (``Twenty-One Sound''), licensee of Station KNSX(FM) in Steelville, Missouri, for willful and repeated violation of Sections 11.35(a), 73.1125(a), and 73.3526(a) of the Commission's Rules (``Rules''). The noted violations involve Twenty-One Sound's failure to maintain Emergency Alert System (``EAS'') equipment in operational readiness condition, failure to maintain a main studio in compliance with the Rules, and failure to maintain a complete public inspection file. background On March 1, 2005, an agent with the Commission's Kansas City Office of the Enforcement Bureau
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  • (Max Media). This letter also constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE against Sweetwater pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), under authority delegated to the Chief, Media Bureau, by Section 0.283 of the Commission's Rules, 47 C.F.R. �0.283. As set forth herein, it appears that Sweetwater willfully and repeatedly violated Sections 73.3526, 73.3613 and 73.3615 of the Commission's Rules. Background. By the subject application, ULB proposes to transfer its 51 percent interest in Sweetwater to BTC, which currently holds a 49 percent interest in the licensee. In this regard, ULB and BTC are signatories to a Stock Purchase Agreement dated July 30, 1998. That agreement contemplated the creation of Sweetwater, the transfer
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  • required by 47 C.F.R. � 73.2080(c)(5). In addition, the unit's EEO public file reports failed to list the total number of interviewees for full-time vacancies and the number of interviewees referred by each recruitment source, in violation of 47 C.F.R. � 73.2080(c)(6)(iv). This information is required to be placed in the unit's public inspection file pursuant to 47 C.F.R. � 73.3526(e)(7). Finally, because of its lack of records of interviewees and referrals, we find that it was not possible for the licensee to have adequately analyzed its recruitment program to ensure that it was effective in achieving broad outreach and it failed to address this problem for a period of 18 months, in violation of � 73.2080(c)(3). 5. Section 503(b) of
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  • FRN: 0007340201 FORFEITURE ORDER Adopted: August 30, 2005 Released: September 1, 2005 By the Regional Director, Northeast Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Snow Hill Broadcasting, L.L.C. (``Snow Hill''), licensee of station WQMR, Snow Hill, Maryland, for willful and repeated violations of Sections 73.3526(e)(6), 73.3526(e)(8), 73.3526(e)(9), and 73.3526(e)(12) of the Commission's Rules ("Rules"). The noted violations concern Snow Hill's failure to retain in its public inspection file a political file, ``The Public and Broadcasting'' manual, a file of letters and e-mail from the public, and a file with quarterly issues/programs lists for the year 2003. BACKGROUND On March 19, 2004, agents from the Commission's
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  • matter which may be aired during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(iii) of the Rules, each commercial television broadcast station is required to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter
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  • (averaged over a six-month period). A licensee that aired somewhat less than three hours, but aired a package of different programming that demonstrates a level of commitment to educating and informing children, will also receive staff-level approval. Moreover, the Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526, licensees are also required to file the reports with
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  • Released: October 19, 2005 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Maria L. Salazar, licensee of station KTCM, in Kingman, Kansas, for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules'') and willful violation of Section 73.3526(e) of the Rules. The noted violations involve Ms. Salazar's failure to maintain operational emergency alert system (``EAS'') equipment and failure to maintain a complete public inspection file. 2. On August 4, 2005, the District Director of the Commission's Kansas City Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to
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  • matter which may be aired during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(ii) of the Rules, each commercial television broadcast station is required to place in its public inspection file on a quarterly basis, records sufficient to allow substantiation of the licensee's certification in its renewal
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  • informational objective and target child audience. In addition, the licensee must provide to publishers of program guides, instructions for listing the program as educational/informational, including an indication of the age group for which the program is intended. Moreover, the Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526, licensees are also required to file the reports with
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  • matter which may be aired during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(iii) of the Rules, each commercial television broadcast station is required to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter
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  • October 19, 2005 Released: October 26, 2005 By the Acting Chief, Media Bureau: I. INTRODUCTION The Commission, by the Acting Chief, Media Bureau, pursuant to delegated authority, has before it for consideration a license renewal application for the captioned television station in Albany, Georgia. We find that Libco, Inc., licensee of station WALB(TV), Albany, Georgia, willfully and repeatedly violated Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the Commission's Rules (Rules) by failing to place in the station's public inspection file TV issues/programs lists and records concerning compliance with the children's programming commercial limits. For the reasons set forth below, we find Libco, Inc. apparently liable in the amount of ten thousand dollars ($10,000) for its violation of Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the
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  • October 19, 2005 Released: October 26, 2005 By the Acting Chief, Media Bureau: I. INTRODUCTION The Commission, by the Acting Chief, Media Bureau, pursuant to delegated authority, has before it for consideration a license renewal application for the captioned television station in Jonesboro, Arkansas. We find that Libco, Inc., licensee of station KAIT(TV), Jonesboro, Arkansas, willfully and repeatedly violated Sections 73.3526(e)(11)(ii) and 73.3526(e)(11)(iii) of the Commission's Rules (Rules), by failing to place in the station's public inspection file the Children's Television Programming Reports and records concerning compliance with the children's programming commercial limits. For the reasons set forth below, we find Libco, Inc. apparently liable in the amount of four thousand dollars ($4,000) for its violations of Sections 73.3526(e)(11)(ii) and 73.3526(e)(11)(iii)
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  • matter which may be aired during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(iii) of the Rules, each commercial television broadcast station is required to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2825A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2825A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2825A1.txt
  • matter which may be aired during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(ii) of the Rules, each commercial television broadcast station is required to place in its public inspection file on a quarterly basis, records sufficient to allow substantiation of the licensee's certification in its renewal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2826A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2826A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2826A1.txt
  • matter which may be aired during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(ii) of the Rules, each commercial television broadcast station is required to place in its public inspection file on a quarterly basis, records sufficient to allow substantiation of the licensee's certification in its renewal
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  • in the station's public file, but that ``during a move to a new building in December 2002'' the lists were ``misplaced.'' TDC submits that the violation occurred for ``only a brief period of no more than eight months,'' rather than the three years cited in the NAL; hence, TDC requests cancellation or reduction of the assessed forfeiture. 4. Discussion. Section 73.3526(3) of the Commission's rules clearly requires that certain items be retained in the public file, including quarterly issues/programs lists. We determine that TDC willfully violated Section 73.35236(e)(12) based on the licensee's admission that, while the lists for 1996-1998 apparently were completed and timely placed in the station's public inspection file, they were misplaced during a studio move in late 2002
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  • 2005 Released: November 16, 2005 By the Acting Chief, Media Bureau: I. INTRODUCTION The Commission, by the Acting Chief, Media Bureau, pursuant to delegated authority, has before it for consideration a license renewal application for the captioned television station in Lake Charles, Louisiana. We find that Libco, Inc., licensee of station KPLC(TV), Lake Charles, Louisiana, willfully and repeatedly violated Section 73.3526(e)(11)(ii) of the Commission's Rules (Rules) by failing to place in the station's public inspection file records concerning compliance with the children's programming commercial limits. For the reasons set forth below, we find Libco, Inc. apparently liable in the amount of ten thousand dollars ($10,000) for its violation of Section 73.3526(e)(11)(ii) of the Rules. II. BACKGROUND In the Children's Television Act
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  • Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed by Twenty-One Sound Communications, Inc. (``Twenty-One Sound'') of the Forfeiture Order issued July 27, 2005. The Forfeiture Order imposed a monetary forfeiture in the amount of $18,000 on Twenty-One Sound for the willful and repeated violation of Sections 11.35(a), 73.1125(a), and 73.3526(a) of the Commission's Rules (``Rules''). The noted violations involved Twenty-One Sound's failure to maintain Emergency Alert System (``EAS'') equipment in operational readiness condition, failure to maintain a main studio in compliance with the Rules, and failure to maintain a complete public inspection file. II. BACKGROUND On March 1, 2005, an agent with the Kansas City Office of the Federal Communications
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  • No. BSTA-20010323ACD FORFEITURE ORDER Adopted: November 29, 2005 Released: December 1, 2005 By the Chief, Media Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of five hundred dollars ($500), to Faith Christian Music Broadcast Ministries, Inc. ("Faith"), licensee of Station WYRV, Cedar Bluff, Virginia, for willful and repeated violations of Section 73.3526 of the Commission's Rules ("Rules"). The noted violation involves Faith's failure to maintain station WYRV's public inspection file. 2. On October 8, 2003, the Bureau issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of three thousand dollars ($3,000) to Faith. Faith filed an opposition to the NAL on November 12, 2003. II. BACKGROUND 3. Section III,
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  • Released: December 9, 2005 By the Chief, Media Bureau: I. INTRODUCTION The Commission, by the Chief, Media Bureau, pursuant to delegated authority, has before it for consideration a license renewal application for the captioned television station in Huntsville, Alabama. We find that Raycom America License Subsidiary, LLC (Raycom America), licensee of station WAFF(TV), Huntsville, Alabama, willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Commission's Rules (Rules), by failing to place in the station's public inspection file TV issues/programs lists for each calendar quarter. For the reasons set forth below, we find Raycom America apparently liable in the amount of ten thousand dollars ($10,000) for its violation of Section 73.3526(e)(11)(i) of the Rules. II. BACKGROUND Section 73.3526 of the Rules requires broadcast
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  • Adopted: December 6, 2005 Released: December 9, 2005 By the Chief, Media Bureau: I. INTRODUCTION The Commission, by the Chief, Media Bureau, pursuant to delegated authority, has before it for consideration a license renewal application for the captioned television station in Augusta, Georgia. We find that WAGT Television, Inc., licensee of station WAGT(TV), Augusta, Georgia, willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Commission's Rules (Rules), by failing to publicize the existence and location of its Children's Television Programming Reports. For the reasons set forth below, we find WAGT Television, Inc. apparently liable in the amount of ten thousand dollars ($10,000) for its violation of Section 73.3526(e)(11)(iii) of the Rules. II. BACKGROUND Under the Commission's rules implementing the Children's Television Act
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  • FORFEITURE Adopted: December 6, 2005 Released: December 9, 2005 By the Chief, Media Bureau: I. INTRODUCTION The Commission, by the Chief, Media Bureau, pursuant to delegated authority, has before it for consideration a license renewal application for the captioned television station in Atlanta, Georgia. We find that Meredith Corporation, licensee of station WGCL-TV, Atlanta, Georgia, willfully and repeatedly violated Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the Commission's Rules (Rules) by failing to place in the station's public inspection file TV issues/programs lists and records concerning compliance with the children's programming commercial limits. For the reasons set forth below, we find Meredith Corporation apparently liable in the amount of ten thousand dollars ($10,000) for its violation of Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the
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  • 2005 By the Chief, Media Bureau: I. INTRODUCTION The Commission, by the Chief, Media Bureau, pursuant to delegated authority, has before it for consideration a license renewal application for the captioned television station in Toccoa, Georgia. We find that Media General Broadcasting of South Carolina Holdings Inc. (Media General), licensee of station WNEG-TV, Toccoa, Georgia, willfully and repeatedly violated Section 73.3526 of the Commission's Rules (Rules) by failing to place in the station's public inspection file the annual EEO public file report, the quarterly TV issues/programs lists and records concerning compliance with the children's programming requirements. For the reasons set forth below, we find Media General apparently liable in the amount of ten thousand dollars ($10,000) for its violations of Sections
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  • three thousand dollars ($3,000) for its violation of Section 73.3615 of the Rules. II. BACKGROUND Section 73.3615 of the Rules requires broadcast licensees to file an Ownership Report (FCC Form 323) when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Section 73.3526(e)(5) of the Rules also requires each licensee of a commercial broadcast station to place in the public inspection file for its station, a copy of the most recent, complete ownership report filed with the Commission. On December 1, 2004, the licensee filed a license renewal application (FCC Form 303-S) for station WNCF(TV), Montgomery, Alabama (File No. BRCT-20041201AGF). In response to
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  • 2005 Released: December 16, 2005 By the Chief, Media Bureau: I. INTRODUCTION The Commission, by the Chief, Media Bureau, pursuant to delegated authority, has before it for consideration a license renewal application for the captioned television station in Atlanta, Georgia. We find that Viacom Stations Group of Atlanta Inc., licensee of station WUPA(TV), Atlanta, Georgia, willfully and repeatedly violated Section 73.3526(e)(11)(ii) of the Commission's Rules (Rules) by failing to place in the station's public inspection file records concerning compliance with the children's programming commercial limits. For the reasons set forth below, we find Viacom Stations Group of Atlanta Inc. apparently liable in the amount of four thousand dollars ($4,000) for its violation of Section 73.3526(e)(11) (ii) of the Rules. II. BACKGROUND
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  • a commercial television broadcast station to file an Ownership Report (FCC Form 323). Section 73.3615 of the Commission's Rules (Rules) requires broadcast licensees to file an Ownership Report (FCC Form 323) when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Section 73.3526(e)(5) of the Rules also requires each licensee of a commercial broadcast station to place in the public inspection file for its station, a copy of the most recent, complete ownership report filed with the Commission. On September 29, 2004, you filed a license renewal application (FCC Form 303-S) for station WVSN(TV), Humacao, Puerto Rico (File No. BRCT-20040929ASL). In response to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3199A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3199A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3199A1.txt
  • a commercial television broadcast station to file an Ownership Report (FCC Form 323). Section 73.3615 of the Commission's Rules (Rules) requires broadcast licensees to file an Ownership Report (FCC Form 323) when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Section 73.3526(e)(5) of the Rules also requires each licensee of a commercial broadcast station to place in the public inspection file for its station, a copy of the most recent, complete ownership report filed with the Commission. On September 29, 2004, you filed a license renewal application (FCC Form 303-S) for station WCCV-TV, Arecibo, Puerto Rico (File No. BRCT-20040929ASW). In response to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3200A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3200A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3200A1.txt
  • a commercial television broadcast station to file an Ownership Report (FCC Form 323). Section 73.3615 of the Commission's Rules (Rules) requires broadcast licensees to file an Ownership Report (FCC Form 323) when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Section 73.3526(e)(5) of the Rules also requires each licensee of a commercial broadcast station to place in the public inspection file for its station, a copy of the most recent, complete ownership report filed with the Commission. On November 30, 2004, you filed a license renewal application (FCC Form 303-S) for station WYLE(TV), Florence, Alabama (BRCT-20041130AMV). In response to Section IV, Question
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  • ($4,000) pursuant to Section 503(b) of the Communications Act of 1934, as amended (Act), 47 U.S.C. � 503(b), for willful and repeated violations of the Commission's rule requiring commercial television broadcast stations to place in the station's public inspection file a copy of the current FCC authorization to operate the station and TV issues/programs lists for each calendar quarter. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. Section 73.3526(e)(11)(i) provides that a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter. Further, Section 73.3526(e)(1) requires that a copy of the current FCC authorization to
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  • as amended (Act), 47 U.S.C. � 503(b), under authority delegated to the Chief of the Media Bureau by Section 0.283 of the Commission's Rules (Rules), 47 C.F.R. � 0.283, for willful and repeated violations of the Commission's rule requiring each commercial broadcast station to place in its public inspection file records concerning compliance with the children's programming commercial limits. Section 73.3526 of the Commission's Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(ii) of the Commission's Rules, each commercial television broadcast station is required to place in its public inspection file on a quarterly basis, records sufficient to allow substantiation of the station's certification in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3220A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3220A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3220A1.txt
  • matter which may be aired during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(iii) of the Rules, each commercial television broadcast station is required to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter
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  • matter which may be aired during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(ii) of the Rules, each commercial television broadcast station is required to place in its public inspection file on a quarterly basis, records sufficient to allow substantiation of the licensee's certification in its renewal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3231A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3231A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3231A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-3231 Released: December 20, 2005 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Univision Atlanta LLC WUVG-TV 1999 Avenue of the Stars Suite 3050 Los Angeles, CA 90067 Re: Univision Atlanta LLC WUVG-TV, Athens, GA Facility ID No. 48813 File No. BRCT-20041201BYC Dear Licensee: This refers to your license renewal application for station WUVG-TV, Athens, GA. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. Section 73.3526(e)(11)(i) of the Rules provides that a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file for each calendar quarter by the tenth day of the succeeding calendar quarter.
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526, licensees are also required to file the reports with
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  • forfeitures, set forth in Section 1.80(b)(4) of the rules, do not specify base amounts for EEO violations, such as a failure to recruit for openings or to self-assess EEO performance. However, in Emmis Television Licensee, LLC (``Emmis''), we issued an $18,000 forfeiture and three years of reporting conditions for a licensee's violations of 47 C.F.R. �� 73.2080(c)(3), (c)(5), (c)(6)(iv), and 73.3526(e)(7) as a result of an EEO audit. In Emmis, the licensee failed to recruit for 11 (22%) of 51 full-time vacancies, failed to keep interviewee or referral data for any hires, failed to include required information in two public file reports, and failed to self-assess adequately. In this case, the licensee failed to recruit for 21 (39%) of its 54
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  • licensee of station WRDQ(TV), Orlando, Florida, apparently violated Sections 73.670 and 73.673 of the Commission's Rules (Rules), by failing to comply with the limits on commercial matter in children's programming and failing to provide to program guide publishers an indication of the age group for which its core programming is intended, respectively. Furthermore, we find that WFTV-TV Holdings violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in its public inspection file TV issues/programs lists. For the reasons discussed below, we find WFTV-TV Holdings apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000) for its violation of Section 73.670 of the Rules and admonish WFTV-TV Holdings for its violations of Sections 73.673 and 73.3526 of the
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  • 12 inches increasing to 18 inches as the property sloped downward. We therefore find that the fence was not effective. Finally, Butterfield argues that the $7,000 forfeiture should be reduced as Butterfield has had only one prior violation during the time it held the KULE license. Specifically, Butterfield was assessed a $2,000 forfeiture for willful and repeated violation of Section 73.3526(e)(1). Because Butterfield was previously the subject of an enforcement action, we find Butterfield does not have an overall history of compliance and that reduction of the assessed forfeiture amount is not warranted. We have examined Butterfield'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,
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  • 51080 ) Licensee of Station WJSZ(FM) ) Ashley, Michigan ) ORDER Adopted: December 20, 2005 Released: December 22, 2005 By the Chief, Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by and between Kevin Beamish and Alana Beamish, Receivers (``Receivers''), and the Media Bureau. The Consent Decree resolves issues regarding whether WJSZ(FM) violated Section 73.3526 which governs the maintenance of the station's public file. 2. The Consent Decree provides among other things, that the Receivers will institute a Compliance Plan for Station WJSZ(FM) and make a $6,000 voluntary contribution to the United States Treasury. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent
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  • Order; f) ``Execution Date'' means the date on which this Consent Decree is executed by the Parties; g) ``Order'' means an Order of the Bureau adopting this Consent Decree; h) ``Parties'' means the Bureau and the Receivers; i) ``Rules'' means the Commission's rules, found in Title 47 of the Code of Federal Regulations; j) ``Violations'' means the violation of Section 73.3526 of the Rules; and k) ``Receivers'' refers to Kevin Beamish and Alana Beamish, Receivers, licensee of Station WJSZ(FM), Ashley, Michigan. III. Background 3) On June 3, 2004, Curwood Broadcasting Company, Corporation, the prior licensee of WJSZ(FM), filed a license renewal application. On March 10, 2005, the Commission granted the involuntary assignment of the WJSZ(FM) license to the Receivers. As a
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  • 9. The Commission's guidelines for assessing forfeitures, set forth in Section 1.80(b)(4) of the rules, do not specify base amounts for EEO violations, such as a failure to perform required outreach initiatives or to self-assess EEO performance. However, in Emmis Television Licensee, LLC, we issued an $18,000 forfeiture for a licensee's violations of 47 C.F.R. �� 73.2080(c)(3), (c)(5), (c)(6)(iv), and 73.3526(e)(7) as a result of an EEO audit. Considering the totality of the circumstances in this case, including that it involves fewer violations than we found in Emmis, we believe that the apparent violations warrant issuance of a Notice of Apparent Liability in the amount of $8,000 for the EEO violations by KRMS(AM) and KRMS-FM. The Unit failed to perform any
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the reports with
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the reports with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3282A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3282A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3282A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the reports with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3284A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3284A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3284A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the reports with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3286A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3286A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3286A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the reports with
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the reports with
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  • 8bit DA 05-3317 Released: December 28, 2005 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Televicentro of Puerto Rico, LLC WTIN(TV) c/o LIN Television Corporation 4 Richmond Square Providence, RI 02906 Re: Televicentro of Puerto Rico, LLC WTIN(TV), Ponce, PR Facility ID No. 26681 File No. BRCT-20041001AVU Dear Licensee: This refers to your license renewal application for station WTIN(TV), Ponce, PR. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. Pursuant to Section 73.3526(e)(11)(iii) of the Rules, each commercial television broadcast station is required to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter
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  • matter which may be aired during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(ii) of the Rules, each commercial television broadcast station is required to place in its public inspection file on a quarterly basis, records sufficient to allow substantiation of the licensee's certification in its renewal
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  • Content-Transfer-Encoding: 8bit DA 05-3327 Released: December 29, 2005 CERTIFIED MAIL - RETURN RECEIPT REQUESTED WBAL Hearst-Argyle Television, Inc. WBAL-TV c/o Brooks, Pierce, et. al. P.O. Box 1800 Raleigh, NC 27602 Re: WBAL Hearst-Argyle Television, Inc. WBAL-TV, Baltimore, MD Facility ID No. 65696 File No. BRCT-20040601BGI Dear Licensee: This refers to your license renewal application for station WBAL-TV, Baltimore, MD. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(iii) of the Rules, each commercial television broadcast station is required to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter
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  • EB-02-SJ-0059 Acct. No. 200532080127 FRN 0009672049 Facility ID No. 12712 Adopted: March 10, 2005 Released: March 11, 2005 By the Chief, Enforcement Bureau: The Enforcement Bureau (the ``Bureau'') has been investigating whether Communications Counsel Group, Inc. (``CCG''), licensee of Station WQII(AM), San Juan, Puerto Rico, has violated section 310(d) of the Communications Act of 1934, as amended, and sections 73.1015, 73.3526, 73.3540, and 73.3615 of the Commission's rules, in connection with its operation of the station and responses to letters of inquiry sent by the Bureau. The Bureau and CCG have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts
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  • GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful written statements to Commission inquiries 47 C.F.R. � 73.1015 Failure to accurately and timely complete ownership reports 47 C.F.R. � 73.3615 Unauthorized transfer of control 47 U.S.C. � 310(d); 47 C.F.R. � 73.3540 Failure to make public inspection file available upon request 47 C.F.R. � 73.3526 Table II Payment Schedule Attachment A Compliance Plan To ensure that Station WQII(AM) does not commit Violations in the future, CCG will do the following: CCG will conduct training for all Station employees on compliance with FCC Rules applicable to station operations. To augment this training, outside counsel, or other comparable professionals, will conduct an on-site workshop for Station employees.
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  • pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Commission, by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that WDKY Licensee, LLC (the ``Licensee''), licensee of Station WDKY-TV, Danville, Kentucky (the ``Station''), apparently violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists. 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 four thousand dollars ($4,000). II. BACKGROUND Section 73.3526 of the Rules requires a commercial broadcast
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Commission, by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently violated Sections 73.3526(e)(11)(i)-(iii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning its compliance with the children's programming commercial limits, and Children's Television Programming Reports. 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
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Commission, by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently violated Sections 73.3526(e)(1), (e)(5), (e)(11)(i), and (e)(11)(iii) of the Rules, by failing to place in the Station's public inspection file a copy of the current FCC authorization to operate the Station, its 2003 Biennial Ownership Report, and all required TV issues/programs lists and Children's Television Programming Reports. Based upon our review of the facts and circumstances before us, we conclude that the Licensee
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  • of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules'') by the Commission, 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 73.3526 of the Rules, by failing to retain required documentation in the WKPE-FM public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WKPE-FM renewal application. II. BACKGROUND Section 73.3526 of the
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  • of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules'') by the Commission, 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 73.3526 of the Rules, by failing to retain required documentation in the KVTO(AM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned KVTO(AM) renewal application. II. BACKGROUND Section 73.3526 of the
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  • 0008719536 File No. BRH-20050323AEO FORFEITURE ORDER Adopted: June 27, 2006 Released: June 29, 2006 By the Chief, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000), to Brazos Valley Broadcasting, LLC (``Brazos''), licensee of Station KZTR(FM), Franklin, Texas (the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (the ``Rules''). The violations involve Brazos' failure to properly maintain the Station's public inspection file. On August 10, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Brazos for this violation. Brazos filed a Request for Reduction of Proposed Forfeiture (``Request'') on September 9,
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  • at North 34� 36' 56'' latitude, West 089� 56' 09'' longitude. Ross seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Section 17.4(a) of the Commission's Rules (``Rules'') and for willful violation of Sections 11.35(a) and 73.3526(c)(1) of the Rules. The noted violations involve Ross's failure to register its antenna structure for radio station WSAO, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to make available all required public file documents during regular business hours. BACKGROUND On November 20, 2002, an agent from the Bureau's New Orleans Office inspected WSAO. At the time of
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  • them, this allegation lacks the specificity necessary to warrant further action or inquiry. Oldfield's additional claim that WJPZ Radio was untruthful or inaccurate in its application for renewal is unsubstantiated and will be denied. Oldfield claims that WJPZ Radio answered ``yes'' to Section III, Question 3 of its renewal application, which ``certifies that the documentation, required by 47 C.F.R. Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times.'' WJPZ Radio in fact answered ``no'' to Question 3, disclosing that one required item previously left out of the file - a 2005 ownership report - was inserted once the omission was identified. Therefore, we find there is no indication that the licensee
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  • the Communications Act of 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 violated Section 73.3539 of the Rules by failing to timely file its license renewal application, and willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WSSA(AM) public inspection file. 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 eleven thousand five hundred dollars ($11,500), and we grant the captioned WSSA(AM) renewal application. BACKGROUND Section 73.3539(a)
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WHJJ(AM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WHJJ(AM) renewal application. II. BACKGROUND Section 73.3526 of
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  • the licensee fails to meet that standard, the Commission may deny the application - after notice and opportunity for a hearing under Section 309(e) of the Act - or grant the application ``on terms and conditions that are appropriate, including a renewal for a term less than the maximum otherwise permitted.'' We find that the Licensee's apparent violations of Section 73.3526 of the Rules do not constitute ``serious violations'' warranting designation for evidentiary hearing. Moreover, we find no evidence of violations that, when considered together, evidence a pattern of abuse. Further, we find that Station WSSA(AM) served the public interest, convenience, and necessity during the subject license term. We will therefore grant the license renewal application below. IV. ORDERING CLAUSES Accordingly,
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WXCT(AM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WXCT(AM) renewal application. II. BACKGROUND Section 73.3526 of
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WWZN(AM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WWZN(AM) renewal application. II. BACKGROUND Section 73.3526 of
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  • FORFEITURE ORDER Adopted: July 27, 2006 Released: August 1, 2006 By the Regional Director, South Central Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand two hundred dollars ($3,200) to New Life Broadcasting, Inc. (``New Life''), licensee of station WBRQ in Cidra, Puerto Rico, for willful violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves New Life's failure to maintain a complete public inspection file. II. BACKGROUND On February 8, 2006, agents from the Commission's San Juan Resident Agent Office of the Enforcement Bureau (``San Juan Office'') conducted an inspection of station WBRQ-FM located in Caguas, Puerto Rico. The agents observed that the station's public file
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  • Gerald Benavides on June 25, 2004 (See File No. BAL-20040322ADY, granted May 10, 2004). Paulino Bernal Evangelism, Inc., 19 FCC Rcd 19922 (Enf. Bur. 2004) (``Forfeiture Order''). 47 C.F.R. �� 73.1125, 11.35(a) and 73.3527(c)(1). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200432500001 (Enf. Bur., Dallas Office, rel. Dec. 19, 2003). Petition for Reconsideration, pp. 2-7. See 47 C.F.R. �� 73.3526 and 73.3527 for commercial and noncommercial licensees, respectively. 47 U.S.C. � 307(b). This section requires the Commission to make such distribution of licenses, frequencies, hours of operation, and of power among the several States and communities as to provide for a fair, efficient, and equitable distribution of radio service to each of the same. 47 C.F.R. � 73.3527(a)(2). 47 C.F.R.
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  • 1, 2006 Released: September 6, 2006 By the Regional Director, South Central Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of sixteen thousand eight hundred dollars ($16,800) to 127, Inc. for willful and repeated violation of Sections 73.1125(a) and 73.1745 of the Commission's Rules (``Rules''), and for willful violation of Section 73.3526(a) of the Rules. The noted violations involve failure to maintain a main studio, operating overpower during nighttime hours and failure to make available for inspection the station's public inspection file. II. BACKGROUND On December 13, 2005, an agent from the Commission's Kansas City Office of the Enforcement Bureau (``Kansas City Office'') received a report that radio station KLFJ located in
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  • Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed by Jason Konarz, licensee of station WQMA(AM) in Marks, Mississippi, of the Forfeiture Order issued October 8, 2004. The Forfeiture Order imposed a monetary forfeiture in the amount of $20,000 to Mr. Konarz for willful and repeated violations of Sections 11.35(a), 73.1745(a), and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations involved Mr. Konarz's failing to maintain operational Emergency Alert System (``EAS'') equipment, operating his station with excessive power and failing to discontinue operation at night, and failing to make available for inspection all of the required materials in the station's public inspection file. II. BACKGROUND On May 11 and 12, 2004, an
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules, by failing to retain all required documentation in the KVLR(FM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned KVLR(FM) renewal application. II. BACKGROUND Section 73.3526 of
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WGVA(AM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WGVA(AM) renewal application. II. BACKGROUND Section 73.3526 of
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WCGR(AM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WCGR(AM) renewal application. II. BACKGROUND Section 73.3526 of
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules, by failing to retain all required documentation in the WSNR(AM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WSNR(AM) renewal application. II. BACKGROUND Section 73.3526 of
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  • with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' 9. In Emmis Television Licensee, LLC, as the result of an EEO audit, we proposed an $18,000 forfeiture for a licensee's violations of various EEO rules, specifically Sections 73.2080(c)(1), 73.2080 (c)(3), 73.2080 (c)(5), 73.2080(c)(6)(iv), and 73.3526(e)(7). In that case, the licensee had failed to recruit for 11 (22%) of 51 openings, failed to retain or report any data on interviewees or referrals, and failed to self-assess adequately. Here, the Licensee failed to recruit or recruit widely for 13 (52%) of its 25 vacancies, keep adequate records for five (20%) of its 25 vacancies, and self-assess its
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  • September 26, 2006 Released: September 28, 2006 By the Regional Director, South Central Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800) to Hacienda San Eladio, Inc. (``Hacienda''), licensee of station WRRE in Juncos, Puerto Rico, for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Hacienda's failure to operate its station in accordance with the terms of its station authorization and its failure to maintain a complete public inspection file. II. BACKGROUND On February 8, 2006, agents from the Commission's San Juan Office of the Enforcement Bureau (``San Juan Office'') conducted an inspection of station WRRE
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Commission, by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 three thousand dollars ($3,000), and we grant the license renewal application. II. BACKGROUND Under the Commission's
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  • U.S.C. � 309(k)(1). The renewal standard was amended to read as described by Section 204(a) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC Rcd 6363 (1996). 47 U.S.C. �� 309(k)(2), 309(k)(3). 47 C.F.R. � 73.3526(c). See, e.g., Alpine Broadcasting Limited Partnership, Forfeiture Order, 21 FCC Rcd 3017, 3019 (EB 2006), citing Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6 FCC Rcd 3615, 3616 (1991), clarified, Memorandum Opinion and Order, 7 FCC Rcd 6800 (1992). See Area Christian Television, Inc., supra, n. 3. See, e.g., Cosmopolitan Enterprises, Inc., Order and Notice of
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  • (``Sheridan''), licensee of Station WAMO(AM), Millvale, Pennsylvania; and McL/McM-Inc. (``McL/McM''), licensee of Stations WAMO-FM, Beaver Falls, Pennsylvania, WPGR(AM), Monroeville, Pennsylvania, and WGSM(FM), Greensburg, Pennsylvania (collectively, including WAMO(AM), the ``Stations''). The Consent Decree resolves issues arising from the Bureau's review of the captioned renewal applications for the licenses for the Stations of whether Sheridan and McL/McM (collectively, the ``Licensees'') violated Section 73.3526 of the Commission's rules (the ``Rules''), which governs the maintenance of a station's public file. 2. The Consent Decree provides, among other things, that the Licensees will institute and maintain, for three years, a Compliance Plan for the Stations and make a $40,000 voluntary contribution to the United States Treasury. A copy of the Consent Decree is attached hereto and
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  • November 1, 2006 Released: November 3, 2006 By the Regional Director, South Central Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA in Vega Baja, Puerto Rico, for willful violation of Sections 73.49 and 73.3526 of the Commission's Rules (``Rules'') and willful and repeated violation of Section 73.1350(a) of the Rules. The noted violations involve A Radio's failure to enclose an antenna tower having radio frequency potential at the base within an effective locked fence, its failure to make available a complete public inspection file, and its failure to operate its station in accordance with
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  • 8bit DA 06-2296 Released: November 13, 2006 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Piedmont Television of Springfield License LLC KSPR(TV) 7621 Little Avenue Suite 506 Charlotte, NC 28226 Re: Piedmont Television of Springfield License LLC KSPR(TV), Springfield, MO Facility ID No. 35630 File No. BRCT-20050926AKU Dear Licensee: This refers to your license renewal application for station KSPR(TV), Springfield, MO. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(iii) of the Rules, each commercial television broadcast station is required to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter
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  • Date: _______________ LICENSEE OF STATION ___________________________________ Kenneth Wayne Diebel (individually) Date: _______________ R&M BROADCASTING, INC. ___________________________________ By: Jack Reynolds, President Date: _______________ These rules include the main studio rule, 47 C.F.R. � 73.1125, the chief operator rule, 47 C.F.R. � 73.1350 (a)-(c), the station log rules, 47 C.F.R. �� 73.1800, 73.1820, and 73.1840, the public file rule, 47 C.F.R. � 73.3526, and the Emergency Alert System rules, 47 C.F.R. �� 11.35, 73.1250, 73.1300, and 73.1350(h). 47 U.S.C. � 154(i). 47 C.F.R. �� 0.111, 0.311. See 47 U.S.C. � 310(d); 47 C.F.R. �� 73.3540. See 47 C.F.R. � 73.1125. (...continued from previous page) (continued....) Federal Communications Commission DA 06-2333 Federal Communications Commission DA 06-2333 h h gd gd h F ' (
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WKAF(FM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WKAF(FM) renewal application. II. BACKGROUND 2. Section 73.3526
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  • Receipt Requested, to Detroit Public Schools, 9345 Lawton, Detroit, Michigan, and to its counsel, David M. Silverman, Esq., Cole, Raywid & Braverman, L.L.P., Suite 200, 1919 Pennsylvania Avenue, N.W., Washington, DC, 20006. FEDERAL COMMUNICATIONS COMMISSION Donna C. Gregg Chief, Media Bureau 47 U.S.C. �� 309(k), 503(b); 47 C.F.R. � 1.80. See 47 C.F.R. � 0.283. See 47 C.F.R. �� 73.1943, 73.3526. Cf. Letter to Kathleen N. Benfield from Linda B. Blair, Chief, Audio Services Division, 13 FCC Rcd 4102 (MMB 1997) (citing License Renewal Applications of Certain Commercial Radio Stations, Memorandum Opinion and Order, 8 FCC Rcd 6400 (MMB 1993)). The Licensee filed an Opposition to the Informal Objection on October 1, 2004, to which Trey replied on November 30, 2004.
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the KCRX-FM public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned KCRX-FM renewal application. II. BACKGROUND Section 73.3526 of
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  • the entire duration of any program-length commercial would be counted as commercial matter for the purpose of the children's television commercial limits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(i) of the Rules, a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter by the tenth day of the succeeding calendar quarter. In
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  • the entire duration of any program-length commercial would be counted as commercial matter for the purpose of the children's television commercial limits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(i) of the Rules, a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter by the tenth day of the succeeding calendar quarter. In
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  • 0007 9211 90 FORFEITURE ORDER Adopted: December 7, 2006 Released: December 11, 2006 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to Gerald Parks (``Parks''), licensee of AM Radio Station WEKC, Williamsburg, KY, for willful and repeated violations of Sections 17.4(a), 73.3526(e)(4), and 73.3526(e)(12) of the Commission's Rules (``Rules''). The noted violations involve Parks' failure to register the antenna structure and failure to maintain in the public inspection file a service contour map and issues/programs lists. BACKGROUND On September 17, 2003 and December 16, 2003, an agent from the Detroit Office inspected station WEKC. As a result of that inspection, the Detroit
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  • FORFEITURE Adopted: February 8, 2006 Released: February 10, 2006 By the Chief, Media Bureau: I. INTRODUCTION The Commission, by the Chief, Media Bureau, pursuant to delegated authority, has before it for consideration a license renewal application for the captioned television station in Kansas City, Missouri. We find that KCWE-TV, Inc., the licensee of station KCWE(TV), willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Commission's Rules (Rules), by failing to place in the station's public inspection file TV issues/programs lists for each calendar quarter. For the reasons set forth below, we find KCWE-TV, Inc. apparently liable in the amount of eight thousand dollars ($8,000) for its violation of Section 73.3526(e)(11)(i) of the Rules. II. BACKGROUND Section 73.3526 of the Rules requires broadcast
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  • text/plain Content-Transfer-Encoding: 8bit � � � � DA 06-302 Released: February 8, 2006 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Jefferson-Pilot Communications/WBTV, Inc. WBTV(TV) One Julian Price Place Charlotte, NC 28208 Re: Jefferson-Pilot Communications/WBTV, Inc. WBTV(TV), Charlotte, NC Facility ID No. 30826 File No. BRCT-20040802ACE Dear Licensee: This refers to your license renewal application for station WBTV(TV), Charlotte, North Carolina. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(iii) of the Rules, each commercial television broadcast station is required to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter
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  • February 15, 2006 Released: February 17, 2006 By the Chief, Media Bureau: I. INTRODUCTION The Commission, by the Chief, Media Bureau, pursuant to delegated authority, has before it for consideration a license renewal application for the captioned television station in Jackson, Tennessee. We find that Tennessee Broadcasting Partners (Tennessee Broadcasting), the licensee of station WBBJ-TV, willfully and repeatedly violated Section 73.3526(e)(11)(ii) of the Commission's Rules (Rules) by failing to place in the station's public inspection file records concerning compliance with the children's programming commercial limits. For the reasons set forth below, we find Tennessee Broadcasting apparently liable in the amount of four thousand dollars ($4,000) for its violation of Section 73.3526(e)(11)(ii) of the Rules. II. BACKGROUND In the Children's Television Act
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  • Adopted: February 15, 2006 Released: February 17, 2006 By the Chief, Media Bureau: I. INTRODUCTION The Commission, by the Chief, Media Bureau, pursuant to delegated authority, has before it for consideration, a license renewal application for the captioned station in Urbana, Illinois. We find that Springfield Broadcasting Partners (Springfield Broadcasting), the licensee of station WCCU(TV) willfully and repeatedly violated Sections 73.3526(e)(11)(i), 73.3526(e)(ii), and 73.3526(e)(11)(iii) of the Commission's Rules (Rules) by failing to place in the station's public inspection file TV issues/programs lists, records concerning compliance with the children's programming commercial limits, and Children's Television Programming Reports. For the reasons set forth below, we find Springfield Broadcasting apparently liable in the amount of four thousand dollars ($4,000) for its violations of Sections
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  • part and deny in part the petition for reconsideration, filed on January 26, 2005 by JMK Communications, Inc. (``JMK''), licensee of AM Radio Station WPWC, Dumfries, Virginia, of the Enforcement Bureau's (``Bureau'') Forfeiture Order, released December 27, 2004. The Forfeiture Order imposed a forfeiture of fourteen thousand dollars ($14,000) upon JMK for its willful and repeated violation of Sections 73.1745(a), 73.3526(e)(5), and 73.3526(e)(12) of the Commission's Rules (``Rules'') by operating station WPWC at unauthorized power levels and failing to place the most current ownership report and an issues/programs list in WPWC's public inspection file. Background On July 2, 2003, an agent from the Commission's Columbia, Maryland Field Office (``Columbia Office'') conducted an inspection of station WPWC. The agent found that WPWC's
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  • informational objective and target child audience. In addition, the licensee must provide to publishers of program guides, instructions for listing the program as educational/informational, including an indication of the age group for which the program is intended. Moreover, the Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526, licensees are also required to file the reports with
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  • OF APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) pursuant to Section 503(b) of the Communications Act of 1934, as amended (Act), 47 U.S.C. � 503(b), for willful and repeated violations of the Commission's rule requiring commercial television broadcast stations to place in the station's public inspection file TV issues/programs lists for each calendar quarter. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. Section 73.3526(e)(11)(i) provides that a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter. Where lapses occur in maintaining the public file, neither the negligent acts nor
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the reports with
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  • talent to deliver commercials,'' including ``endorsements or selling by animated cartoon characters as well as `live' program hosts.'' Id. at 2127 n.147, 6 FCC Rcd at 5097; see also Action for Children's Television, 50 FCC 2d 1, 8, 16-17 (1974). The commercial limits became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(iii) of the Rules, each commercial television broadcast station is required to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter
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  • (1) the captioned application of McKissick Enterprises (``McKissick'') for renewal of license for station WYNI(AM), Monroeville, Alabama; (2) Robert Hilliard Boothe's (``Boothe'') Formal Petition to Deny filed on May 28, 2004; and (3) related responsive pleadings. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to McKissick for violation of Sections 73.3539 and 73.3526 of the Commission's rules regarding renewal application filings and a broadcast station's public inspection file, and grant the WYNI(AM) license renewal application. Procedural Issue. McKissick charges that Boothe does not have standing to file a petition to deny the WYNI(AM) renewal application because Boothe's residence is outside WYNI(AM)'s service area and because Boothe failed to include an affidavit certifying to
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  • DA 06-540 Released: March 8, 2006 CERTIFIED MAIL - RETURN RECEIPT REQUESTED C-34 FCC Licensee Subsidiary, LLC WTVX(TV) 2000 K Street, N.W. Suite 725 Washington, D.C. 20006 Re: C-34 FCC Licensee Subsidiary, LLC WTVX(TV), Fort Pierce, FL Facility ID No. 35575 File No. BRCT-20041001AWR Dear Licensee: This refers to your license renewal application for station WTVX(TV), Fort Pierce, FL. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. Section 73.3526(e)(11)(i) of the Rules provides that a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file for each calendar quarter by the tenth day of the succeeding calendar quarter.
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  • Chief, Media Bureau: I. INTRODUCTION The Commission, acting pursuant to Section 503(b) of the Communications Act of 1934, as amended, by the Chief, Media Bureau, pursuant to delegated authority, has before it for consideration the above-captioned renewal application of KLFY, L.P. for the license for Station KLFY-TV, Lafayette, Louisiana. We find that KLFY, L.P. apparently willfully and repeatedly violated Sections 73.3526(e)(11)(ii) and (e)(5) of the Commission's Rules (the ``Rules'') by failing to place in the station's public inspection file records concerning its compliance with the children's programming commercial limits and its 2003 Biennial Ownership Report. For the reasons set forth below, we find KLFY, L.P. apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000) for these apparent
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  • INTRODUCTION The Commission, acting pursuant to Section 503(b) of the Communications Act of 1934, as amended, by the Chief, Media Bureau, pursuant to delegated authority, has before it for consideration the above-captioned renewal application of Media General Communications, Inc. (``Media General'') for the license for Station KALB-TV, Alexandria, Louisiana. We find that Media General apparently willfully and repeatedly violated Sections 73.3526(e)(11)(ii) and 73.3526(e)(11)(iii) of the Commission's Rules (the ``Rules'') by failing to place in the station's public inspection file records concerning its compliance with the children's programming commercial limits and its Children's Television Programming Reports. For the reasons discussed below, we find Media General apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for these violations. II.
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  • Media General in the amount of fourteen thousand dollars ($14,000), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), under authority delegated to the Chief of the Media Bureau by Section 0.283 of the Commission's Rules (the ``Rules''). The forfeiture is proposed against Media General for its apparent willful and repeated violation of Section 73.3526(e)(11)(i) of the Rules, which requires each commercial television broadcast station to place in its public inspection file TV issues/programs lists each calendar quarter and of Section 73.670 of the Rules, which limits the amount of commercial matter which may be aired by such a station during children's programming. Section 73.3526 of the Rules requires each commercial broadcast licensee to maintain
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  • FORFEITURE to BBF for its apparent violation of the Commission's rule regarding a broadcast station's public inspection file, Section 73.3527 of the Commission's Rules, and we grant the KBBF(FM) license renewal application. Public file rule violation. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. BBF indicated ``No'' to that certification, filing an Exhibit and three amendments indicating that the quarterly issues/programs lists from the third quarter of 1998 through the first quarter of 2002 were routinely placed in the public file but were missing from the file
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  • grant of those applications. For the reasons set forth below, we dismiss the Objection, propose a forfeiture of $12,000 against Blue Chip and admonish Blue Chip and Radio One, and grant the renewal applications. On May 21, 2004, Radio One filed its captioned renewal applications. Subsequently, Petitioner filed an Objection to these applications alleging that Radio One had violated Section 73.3526 of the Commission's Rules by failing to maintain complete public inspection files. Moreover, Petitioner alleged that Licensee has made misrepresentations to the Commission by answering Section III, Item 3 of the Stations' renewal applications in the affirmative. This question requires an applicant to certify whether the material required to be placed in its station's public inspection file by that rule
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  • to timely file a license renewal and for unauthorized operation. The application for assignment of WYXC(AM)'s license was granted on June 14, 2005. These grants and the Notice of Apparent Liability for Forfeiture were set aside on July 15, 2005. For the reasons set forth below, we grant Hershovitz's Objection in part and admonish Rogers for its violation of Sections 73.3526 and 73.1943 of the Commission's rules. Additionally, we again issue a NOTICE OF APPARENT LIABILITY FOR FORFEITURE to Rogers for its failure to timely file a license renewal application and for unauthorized operation; we also grant Rogers' license renewal application and the application for assignment of WYXC(AM)'s license to Clarion Communications, Inc. Public file rule allegation. In his Objection, Hershovitz
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  • 20, 2006 Released: January 24, 2006 By the Regional Director, South Central Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand five hundred dollars ($10,500) to GB Enterprises Communications Corp. (``GB Enterprises''), licensee of station WHNR in Winter Haven, Florida, for willful and repeated violation of Sections 73.49 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve GB Enterprises' failure to enclose its antenna structures within effective locked fences and failure to maintain a complete public inspection file. II. BACKGROUND On March 22, 2004, agents from the Commission's Tampa, Florida Office of the Enforcement Bureau (``Tampa Office'') inspected radio station WHNR-AM at its studio/transmitter site located on 1505
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  • March 22, 2006 (transmitted by letter from Robert J. Rini, Esq., Rini Coran P.C. to Tom Hutton, Assistant Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, dated March 23, 2006) (``Complainant's Reply''). See Response Cover Letter at 2. See id. at 2-3. See id. See 47 C.F.R. � 73.3527. Comparable requirements also apply to commercial stations. See 47 C.F.R. � 73.3526. 47 C.F.R. � 73.3527(b) & (c). See 47 C.F.R. � 73.3527(e). See Response Cover Letter at 2. See LOI Response at 5-6. Thomas P. Brunnock, Letter Ruling, 50 RR.2d 1313, 1314 (1982). Accord Riverside Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 15 FCC Rcd 18322, 18323 � 5 (Enf. Bur., Investigations & Hearings Div. 2000). LOI Response at 6.
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  • DIP filed an Opposition to Request for Leave to File a Supplement to Petition to Deny on July 5, 2006. Percy Squire and Percy Squire Co., LLC filed a Request for Leave to Supplement Instanter the Petition to Deny on October 19, 2006. WVKO(AM)'s authorization requires a reduction from 1000 Watts to 250 Watts at nighttime. See 47 C.F.R. � 73.3526. SRL had initially certified compliance with the public file rule in the Renewal Applications, but then filed an amendment on July 9, 2004, for Stations WVKO(AM) and WVKO-FM stating that ``[C]ertain documentation, including the quarterly listings of issues programs are not available and have not been in the WVKO . . . Local Public File for the entire eight year
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  • FRN: 0005014667 ORDER Adopted: March 14, 2007 Released: March 16, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Order, we cancel a monetary forfeiture in the amount of ten thousand dollars ($10,000) to KM Television of Flagstaff, L.L.C. (``KM TV''), licensee of Television station KCFG serving Flagstaff, Arizona, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). On March 20, 2006, the Enforcement Bureau's San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to KM TV for failing to maintain a complete public inspection for KCVG. In this Order, we consider KM TV's arguments that the proposed forfeiture amount exceeds other forfeitures proposed to
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Clear Channel Broadcasting Licenses, Inc. (the ``Licensee''), licensee of Station KLRT-TV, Little Rock, Arkansas (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists and records concerning its compliance with the children's programming commercial limits. We also find the Licensee apparently violated Section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children's programming. Based upon our review
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Clear Channel Broadcasting Licenses, Inc. (the ``Licensee''), licensee of Station KASN(TV), Pine Bluff, Arkansas (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required records concerning its compliance with the children's programming commercial limits. We also find the Licensee apparently violated Section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children's programming. Based upon our review of the facts and circumstances before
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  • Community Radio Corporation's ``Petition to Deny Defective Applications of White River Broadcasting Corporation and Request to Rescind License Grants of White River and Designate for Hearing'' IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Christopher D. Imlay, Esq. White River Broadcasting Corporation, Inc. Public Notice, Broadcast Actions, Report No. 45787 (July 29, 2004). 47 C.F.R. � 73.3526. 47 C.F.R. �� 73.1940-1944. Petitioner also alleges, ``Licensee has failed to note the issues which were raised in it's [sic] renewal applications.'' We are unable to determine the meaning of this allegation. See 47 C.F.R. �� 73.3584(a) and 73.3516(e). See 47 C.F.R. � 1.106. 47 U.S.C. � 405. See also 47 C.F.R. � 1.106(f). The 30th day after the date
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  • website by May 15, 2007. For additional information, contact Kim Matthews, kim.matthews@fcc.gov, of the Media Bureau, Policy Division, (202) 418-2154. Second Order on Reconsideration and Second Report and Order, In the Matter of Children's Television Obligations of Digital Television Broadcasters, MM Docket No. 00-167, 21 FCC Rcd 11065 (2006). Id. at 11081, � 59 Id. See also 47 C.F.R. � 73.3526(e)(11)(iii). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 3 � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WLBK(AM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WLBK(AM) renewal application. II. BACKGROUND Section 73.3526 of
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  • 22, 2007 Released: March 29, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Community Broadcast Group, Inc., (``Community'') licensee of AM Broadcast Radio station KZEY, in Tyler, Texas, for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. II. BACKGROUND On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') conducted an inspection of station KZEY's main studio located in Tyler,
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Channel 11 License, Inc., (the ``Licensee''), licensee of Station KRII(TV), Chisholm, Minnesota (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission, place in the Station's public inspection file, and publicize the existence and location of the Station's Children's Television Programming Reports. Moreover, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to prepare and place in the Station's public inspection file TV issues/programs
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KBWB License, Inc. (the ``Licensee''), licensee of Station KBWB(TV), San Francisco, California (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists. 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 ten thousand dollars ($10,000). II. BACKGROUND Section 73.3526 of the Rules requires a commercial broadcast
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KSEE License, Inc. (the ``Licensee''), licensee of Station KSEE(TV), Fresno, California (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists. 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 ten thousand dollars ($10,000). II. BACKGROUND Section 73.3526 of the Rules requires a commercial broadcast
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Subsection 73.3526(e)(11)(iii) of the Commission's Rules (Rules) requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Subsection 73.3526(e)(11)(iii), licensees are also required
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1440A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1440A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1440A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules, by failing to retain all required documentation in the KFAQ(AM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned KFAQ(AM) renewal application. II. BACKGROUND 2. Section 73.3526
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WFUN-FM public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WFUN-FM renewal application. II. BACKGROUND Section 73.3526 of
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Rocky Mountain Broadcasting Company (the ``Licensee''), licensee of Station KMTF(TV), Helena, Montana (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(ii) of the Rules, by failing to place in the station's public inspection file all required records concerning its compliance with the children's programming commercial limits. We also find that the Licensee apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules by failing to publicize the existence and location of the Station's Children's Television Programming Reports and Section 73.673 of
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  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KUTV Holdings, Inc. (the ``Licensee''), licensee of Station KUTV(TV), Salt Lake City, Utah (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists and records concerning its compliance with the children's programming commercial limits. 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 four thousand
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  • to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Meredith Corporation (the ``Licensee''), licensee of Station KFXO-LP, Bend, Oregon (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i) and (e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists and records concerning compliance with the children's programming commercial limits. 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 ten thousand dollars
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  • 30, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand, four hundred dollars ($6,400) to Una Vez Mas Las Vegas License, LLC (``Una Vez''), licensee of Class A Television Broadcast station KHDF-CA, serving Las Vegas, Nevada, for willfully and repeatedly violating Section 73.3526 of the Commission's Rules (Rules). On August 9, 2006, the Enforcement Bureau's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Una Vez for failing to maintain a complete public inspection file. In this Order, we consider Una Vez's arguments that the proposed forfeiture amount exceeds other forfeitures proposed to broadcast
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  • by the Commission. Again, Struhar fails, on all counts, to present any specific facts or evidence supporting these contentions. Thus, these allegations fail to meet the requirement for an informal objection as set forth in Area Christian, supra. Finally, Struhar alleges that the Licensee has failed to provide public access to the Station's public inspection file, in violation of Section 73.3526 of the Rules. In this regard, Struhar states that, ``in about summer of 2002,'' he went to the Licensee's offices in downtown Chicago and requested access to the Station's public files. According to Struhar, he was told that he would have to make an appointment in order to view the files, even after he informed the employee that it was
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules, 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1584A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1584A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1584A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules, 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1587A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1587A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1587A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Subsection 73.3526(e)(11)(iii) of the Commission's Rules, 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Subsection 73.3526(e)(11)(iii), licensees
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1588A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1588A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1588A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Subsection 73.3526(e)(11)(iii) of the Commission's Rules (Rules), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Subsection 73.3526(e)(11)(iii),
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Subsection 73.3526(e)(11)(iii) of the Commission's Rules (Rules), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Subsection 73.3526(e)(11)(iii),
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-1590 Released: April 4, 2007 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mission Broadcasting, Inc. KOLR(TV) 544 Red Rock Drive Wadsworth, OH 44281 Re: Mission Broadcasting, Inc. KOLR(TV), Springfield, MO Facility ID No. 28496 File No. BRCT-20051003ABA Dear Licensee: This refers to your license renewal application for station KOLR(TV), Springfield, MO. Section 73.3526 of the Commission's Rules (Rules) requires a commercial broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. Pursuant to subsection 73.3526(e)(11)(ii), each commercial television broadcast station is required to place in its public inspection file, on a quarterly basis, records sufficient to allow substantiation of the licensee's certification, in its renewal application,
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the reports with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1593A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1593A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1593A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (Rules) requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the
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  • Released: April 4, 2007 CERTIFIED MAIL - RETURN RECEIPT REQUESTED WKEF Licensee L.P. WKEF(TV) c/o Pillsbury Winthrop Shaw Pittman LLP ATTN: Kathryn Schmeltzer, Esq. 2300 N Street, N.W. Washington, D.C. 20037-1128 Re: WKEF Licensee L.P. WKEF(TV), Dayton, OH Facility ID No. 73155 File No. BRCT-20050601ALR Dear Licensee: This refers to your license renewal application for station WKEF(TV), Dayton, OH. Section 73.3526 of the Commission's Rules (Rules), 47 C.F.R. � 73.3526, requires a commercial broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. Pursuant to subsection 73.3526(e)(11)(ii), each commercial television broadcast station is required to place in its public inspection file, on a quarterly basis, records sufficient to allow substantiation of the licensee's certification,
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (Rules) requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1657A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1657A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1657A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (Rules) requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-1658 Released: April 9, 2007 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Meredith Corporation KPHO-TV 1716 Locust Street Des Moines, Iowa 50309-3203 Meredith Corporation KPHO-TV, Phoenix, Arizona Facility ID No. 41223 File No. BRCT-20060601ACY Dear Licensee: This refers to your license renewal application for station KPHO-TV, Phoenix, Arizona. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(i) of the Rules, a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter by the tenth day of the succeeding calendar
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Subsection 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Subsection 73.3526(e)(11)(iii), licensees are also required to file
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  • FORFEITURE ORDER Adopted: January 24, 2007 Released: January 26, 2007 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA, in Vega Baja, Puerto Rico, for willful violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves A Radio's failure to make available a complete public inspection file. 2. On November 29, 2006, the Commission's San Juan Office of the Enforcement Bureau (``San Juan Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to A Radio. A Radio has not filed a
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  • is at least 30 minutes in length; (5) The program is identified as specifically designed to educate and inform children by the display on the television screen throughout the program of the symbol E/I; (6) The educational and informational objective and the target child audience are specified in writing in the licensee's Children's Television Programming Report, as described in � 73.3526(e)(11)(iii); and (7) Instructions for listing the program as educational/ informational, including an indication of the age group for which the program is intended, are provided by the licensee to publishers of program guides, as described in � 73.673. Are the core programming criteria listed in the Commission's rules adequate to properly define educational and informational programming? Do these criteria fulfill
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (the ``Rules''), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section
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  • 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Wilson Broadcasting, Inc. (``Wilson''), licensee of station WJJN-FM, in Columbia, Alabama and stations WAGF (AM) and WAGF-FM in Dothan, Alabama (``Three Stations''), for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Wilson's failure to maintain complete public inspection files. II. BACKGROUND The Three Stations are co-located in one main studio. On January 23, 2007, an agent from the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') requested to inspect the Three Stations' public inspection files during normal business hours. The stations'
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  • DC 20036. FEDERAL COMMUNICATIONS COMMISSION William D. Freedman Associate Chief, Media Bureau 47 U.S.C. �� 309(k), 503(b); 47 C.F.R. � 1.80. See 47 C.F.R. � 0.283. See 47 C.F.R. � 73.3539. See 47 U.S.C. � 301. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 has been placed in the station's public inspection file at the appropriate times. WRI indicated "No" to that certification, attaching an Exhibit explaining that all of the documents required by section 73.3526 ``may or may not have'' been placed in public file at the appropriate times, and that WRI is taking measures to ensure compliance in the future. On June
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  • local or toll free number for the residents of Eagar, failed to establish a local public file in Eagar, and did not air local news or information specific to Eagar. Navajo argues that it appears that, for a period of approximately three months, the station's public file was not located in Eagar, as required by the then-applicable version of Section 73.3526(c) of the Rules and that ownership and employment reports were not timely filed. Konopnicki maintains in his Opposition that he complied with the main studio and local inspection file provisions of the Commission's rules and submitted copies of the file's contents evidencing his compliance. We believe that Konopnicki's submissions and responses to staff inquiries sufficiently rebut Navajo's charges. While other
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1961A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1961A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1961A1.txt
  • Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully violated Section 73.3539 of the Rules, by failing to timely file a license renewal application for the Station, and willfully and repeatedly violated Section 301 of the Act, by engaging in unauthorized operation of the Station after its license had expired, and Section 73.3526 of the Rules, by failing to retain required documentation in the KPXS(FM) public inspection file. 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 eight thousand dollars ($8,000), and we grant the captioned KPXS(FM) license renewal application. II. BACKGROUND. 2. Section 73.3539(a)
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Associate Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules, by failing to retain all required documentation in the KPHX(AM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned KPHX(AM) renewal application. II. BACKGROUND 2. Section 73.3526
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Associate Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WEIC(AM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WEIC(AM) renewal application. II. BACKGROUND Section 73.3526 of
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  • May 4, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand two hundred dollars ($11,200) to HRN Broadcasting, Inc. (``HRN''), licensee of AM broadcast station WZGM in Black Mountain, North Carolina, for willful and repeated violation of Sections 73.1745(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve HRN's operation with power other than as specified and made a part of its license and failure to make available a public inspection file. II. BACKGROUND In response to a complaint that HRN was not reducing its transmitting power during nighttime hours, on February 27 and 28, 2006, an agent of
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Nexstar Broadcasting, Inc. (the ``Licensee''), licensee of Station KQTV(TV), St. Joseph, Missouri (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 four thousand dollars ($4,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1992A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1992A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1992A1.txt
  • to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KTVK, Inc. (the ``Licensee''), licensee of Station KTVK(TV), Phoenix, Arizona (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of the Station's Children's Television Programming Reports. 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 six thousand dollars ($6,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1993A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1993A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1993A1.txt
  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Nexstar Broadcasting, Inc. (the ``Licensee''), licensee of Station WQRF-TV, Rockford, Illinois (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1994A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1994A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1994A1.txt
  • Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Media General Broadcasting of South Carolina Holdings, Inc. (the ``Licensee''), licensee of Station WRBL(TV), Columbus, Georgia (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(5), (e)(11)(i), and (e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file its 2003 Biennial Ownership Report, and all required TV issues/programs lists and records concerning compliance with the children's programming commercial limits. We also find that the Licensee apparently violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2005A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2005A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2005A1.txt
  • are not contained in the record. Accordingly, when we revisit these issues on reconsideration, we will not rely on those ex parte communications. Petition for Reconsideration at 2-6. Id. at 9-11. Petition for Reconsideration at 9-11. Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. �� 303a, 303b, 394. See 47 C.F.R. �� 73.3526(e)(11); Deregulation of Radio, 84 FCC.2d 968, 982 (1981). See 47 C.F.R. � 1.1206(b); see also 47 C.F.R. �� 1.1202, 1.1203. See 47 C.F.R. � 1.1206(b)(2). 47 C.F.R. �� 1.415 and 1.419. See Electronic Filing of Documents in Rulemaking Proceedings, 13 FCC Rcd 11322, 11326, � 8 (1998). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News
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  • ``serious'' violation which would be relevant to our considerations of the Applications. For example, Commission staff has granted applications for license renewal in which the licensee had a significantly greater number of public file violations than that presented here. Nor are we persuaded by Centennial's claim of its inability to obtain copies of the WBLT(AM) public inspection file materials. Section 73.3526(c) requires that ``[r]equests for copies shall be fulfilled within a reasonable period of time, which generally should not exceed 7 days.'' Centennial has provided with its Petition an e-mail that it received from Burns, dated May 17, 2006, seven days after the Centennial employees' visit, confirming his offer to make copies of the file materials that they requested. Given the
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (the ``Rules''), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2128A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2128A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2128A1.txt
  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules'') by the Associate Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain required documentation in the WFCC-FM public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WFCC-FM renewal application. II. BACKGROUND Section 73.3526 of the
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the KPLV(FM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned KPLV(FM) renewal application. II. BACKGROUND Section 73.3526 of
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WHCY(FM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WHCY(FM) renewal application. II. BACKGROUND Section 73.3526 of
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WSUS(FM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WSUS(FM) renewal application. II. BACKGROUND Section 73.3526 of
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WADR(AM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WADR(AM) renewal application. II. BACKGROUND Section 73.3526 of
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  • to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KVVU Broadcasting Corporation (the ``Licensee''), licensee of Station KVVU-TV, Henderson, Nevada (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 three thousand dollars ($3,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
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  • of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Viacom Television Stations Group of Dallas/Fort Worth L.P. (the ``Licensee''), licensee of Station KTXA(TV), Fort Worth, Texas (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i)-(iii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning its compliance with the children's programming commercial limits, and Children's Television Programming Reports, and Section 73.670 of the Rules, which limits the amount of commercial matter which may be aired by such a station during children's programming. Based upon our
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Colins Broadcasting Company (the ``Licensee''), licensee of Station KSNB-TV, Superior, Nebraska (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-218A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-218A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WRNY(AM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WRNY(AM) renewal application. II. BACKGROUND Section 73.3526 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-219A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-219A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-219A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WUTQ(AM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WUTQ(AM) renewal application. II. BACKGROUND Section 73.3526 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-220A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-220A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-220A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WUMX(FM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WUMX(FM) renewal application. II. BACKGROUND Section 73.3526 of
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Subsection 73.3526(e)(11)(iii) of the Commission's Rules (Rules) requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Subsection 73.3526(e)(11)(iii), licensees are also required
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  • suit, it could generate a conflict that might affect his ability to represent Beasley. This e-mail was a redacted, privileged communication not required to be placed in WQAM(AM)'s public inspection file but apparently was placed there by mistake. Under these circumstances, there is no merit to the Complainant's argument that it was improperly removed from the public file. Although Section 73.3526(e)(10) of the Commission's rules requires retention of documents having a substantial bearing on a Commission investigation or complaint, this rule provision is not applicable to the e-mail correspondence between Beasley and Mr. Kent. As discussed above, the record does not substantiate the Complainant's allegations that Mr. Kent's lawsuit was filed at the direction of Beasley in order to threaten or
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Mission Broadcasting, Inc. (the ``Licensee''), licensee of Station KJTL(TV), Wichita Falls, Texas (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists and records concerning its compliance with the children's programming commercial limits. 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 four thousand
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2308A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2308A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2308A1.txt
  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Nexstar Broadcasting, Inc. (the ``Licensee''), licensee of Station KSFX-TV, Springfield, Missouri (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i) and (ii), and 73.670 of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists and records concerning compliance with the children's programming commercial limits, and apparently violated Section 73.670 by failing to comply with the limits on commercial matter in children's programming. Based upon our review of the facts and circumstances before
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  • and deny in part the Petition for Reconsideration filed by Blountstown Communications, Inc. (``Blountstown''), licensee of Stations WYBT (AM) and WPHK (FM), Blountstown, Florida. Blountstown seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000), for willful violations of Sections 11.35, 73.49, and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations involve Blountstown's failure to ensure operational Emergency Alert System (``EAS'') equipment, failure to enclose the AM station's antenna tower within an effective locked fence, and failure to make available a complete public file. For the reasons discussed below, we reduce the forfeiture amount from $25,000 to $12,480. II. BACKGROUND On April 7,
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  • Opinion and Order ("Order") we deny the petition for reconsideration filed by Rama Communications, Inc. (``Rama''), licensee of Station WLAA(AM), Winter Garden, Florida. Rama seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found Rama liable for a monetary forfeiture in the amount of eighteen thousand dollars ($18,000), for willful and repeated violations of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to ensure operational Emergency Alert System (``EAS'') equipment, and its failure to make available a complete public file. We reject Rama's arguments and therefore affirm the assessment of a forfeiture of $18,000. II. BACKGROUND On March 5, 2004, the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Tribune Television Company (the ``Licensee''), licensee of Station WXIN(TV), Indianapolis, Indiana (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i) and 73.670 of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, and by failing to comply with the limits on commercial matter in children's programming, respectively. 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
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Rules requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the reports with
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  • 0003791456 FORFEITURE ORDER Adopted: June 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand, four hundred dollars ($2,400) to KITZ Radio, Inc. (``KITZ Radio''), licensee of station KITZ(AM) in Silverdale, Washington, for willfully and repeatedly violating Section 73.3526 of the Commission's Rules (``Rules''). On August 23, 2006, the Enforcement Bureau's Seattle Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to KITZ Radio for failing to maintain a complete public inspection file for KITZ(AM). In this Order, we consider KITZ Radio's arguments that the facts as described in the NAL are incorrect;
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  • 0003791456 FORFEITURE ORDER Adopted: June 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand, four hundred dollars ($2,400) to KITZ Radio, Inc. (``KITZ Radio''), licensee of station KGTK(AM) in Olympia, Washington, for willfully and repeatedly violating Section 73.3526 of the Commission's Rules (``Rules''). On September 1, 2006, the Enforcement Bureau's Seattle Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to KITZ Radio for failing to maintain a complete public inspection file for KGTK(AM). In this Order, we consider KITZ Radio's arguments that the facts as described in the NAL are incorrect;
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  • to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that WKYC-TV, Inc. (the ``Licensee''), licensee of Station WKYC-TV, Cleveland, Ohio (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Subsection 73.3526(e)(11)(iii) of the Commission's Rules (Rules), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Subsection 73.3526(e)(11)(iii),
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  • matter which may be aired during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). Moreover, Section 73.3526 of the Rules requires a commercial broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. Pursuant to subsection 73.3526(e)(11)(ii), each commercial television broadcast station is required to place in its public inspection file, on a quarterly basis, records sufficient to allow substantiation of the licensee's certification, in its renewal application, of its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2789A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2789A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2789A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the WSNE-FM public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WSNE-FM renewal application. II. BACKGROUND Section 73.3526 of
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 73.3526 of the Rules by failing to retain all required documentation in the KBAC(FM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned KBAC(FM) renewal application. II. BACKGROUND Section 73.3526 of
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  • as placement of the report in the station's public inspection file. For additional information, contact Kim Matthews, kim.matthews@fcc.gov, of the Media Bureau, Policy Division, (202) 418-2154. Children's Television Obligations of Commercial Television Broadcasters - Postponement of the Filing Window for Revised FCC Form 398 for the First Quarter of 2007, DA 07-1341 (MB rel. Mar. 20, 2007). 47 C.F.R. � 73.3526(e)(11)(iii). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ~ ! " z } ~  ! " H f z { | | } ~  ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3003A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3003A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3003A1.txt
  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Associate Chief, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WZKF(FM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WZKF(FM) renewal application. II. BACKGROUND Section 73.3526 of
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules'') by the Associate Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the KABQ-FM public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned KABQ-FM renewal application. II. BACKGROUND Section 73.3526 of
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Associate Chief, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WJLB(FM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WJLB(FM) renewal application. II. BACKGROUND Section 73.3526 of
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Associate Chief, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WJMN(FM) public inspection file. 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 four thousand dollars ($4,000), and we grant the captioned WJMN(FM) renewal application. II. BACKGROUND Section 73.3526 of
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Associate Chief, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WKCI-FM public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WKCI-FM renewal application. II. BACKGROUND Section 73.3526 of
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Associate Chief, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WHJY(FM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WHJY(FM) renewal application. II. BACKGROUND Section 73.3526 of
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  • the public interest. If so, the Commission will designate the application for hearing if the allegations, together with any opposing evidence before the Commission, raise a substantial and material question of fact as to whether grant would serve the public interest, or if the Commission is otherwise unable to conclude that granting the application would serve the public interest. Section 73.3526(c)(1) requires that the contents of a station's public inspection file be made available for copying upon request made in person. The petitioners have provided no support for its contention that station WHAS-TV prohibited members of the public from copying the contents of its public inspection file, and Belo specifically denies this allegation. We, therefore, cannot find that the petitioners raised
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  • of the terms of its license under Section 73.1745(a) of the Rules and that failure to comply with the rule may result in appropriate enforcement action. Public file violation. In Section III, Question 3 of its renewal application, the Licensee admits that it failed to place the Station's 2004 EEO Report in the public file in a timely manner. Section 73.3526 of the Rules requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. The purpose of this requirement is to provide the public with timely information at regular intervals throughout the license period. In this regard, where lapses occur in maintaining the public file, neither the negligent acts nor omissions of station
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that McGraw-Hill Broadcasting Company, Inc. (the ``Licensee''), licensee of Station KERO-TV, Bakersfield, California (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i)-(iii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning its compliance with the children's programming commercial limits, and Children's Television Programming Reports. 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
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  • to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KXTV, Inc. (the ``Licensee''), licensee of Station KXTV(TV), Sacramento, California (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 six thousand dollars ($6,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
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  • By this Memorandum Opinion and Order (``Order''), we deny a Petition for Reconsideration, filed on July 1, 2004, by Greenwood Acres Baptist Church (``Greenwood''), licensee of AM broadcast station KASO, Minden, Louisiana. Greenwood seeks reconsideration of a Forfeiture Order in which Greenwood was assessed the amount of thirteen thousand six hundred dollars ($13,600) for willful violation of Sections 73.49 and 73.3526(a)(2) of the Commission's (``Rules''). The noted violations involve Greenwood's failure to maintain an effective locked fence enclosing its antenna structure and failure to maintain all required material in its public inspection file. For the reasons discussed below, we affirm the monetary forfeiture amount of $13,600. BACKGROUND On September 12, 2002, an agent (``field agent'') from the Commission's New Orleans, Louisiana
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  • so important a public resource as the nation's broadcast spectrum.'' They state that inspections conducted by their staff in July 2004 indicate that WVMH failed to place either a copy of the full text of the Option Agreements and a separate limited partnership agreement, or a separate list disclosing these documents, in its public inspection files, in violation of section 73.3526(e)(5) of the Commission's rules. The Petitioners further allege that WVMH failed to file the Option Agreements with the FCC as required by section 73.3613(b)(3) of the Commission's rules. WVMH replies that the Option Agreements consist of stock option agreements issued to 15 employees and two oral commitments to issue stock options to two employees, and that it did provide a
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  • TVT, an indirect subsidiary of Fox Television Holdings, Inc., filed an Opposition to Petition to Deny, to which Petitioners filed a reply on April 25, 2005. For the reasons set forth below, we deny the Petition to Deny and grant the above-captioned license renewal application. We further admonish TVT for its acknowledged violation of its public file obligation under sections 73.3526(e)(9) and 73.1202 of the Commission's rules. BACKGROUND This case follows a lawsuit filed by the Petitioners on April 2, 1998, alleging that Station WTVT(TV) violated the Florida whistle-blower's statute by firing the Petitioners for threatening to disclose a violation of the Commission's news distortion policy. The Petitioners, who are husband and wife, worked as the investigative news unit for Station
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  • for Forfeiture, however, the Enforcement Bureau determined that copies of PSAs did not qualify as issues/programs lists and that there was no evidence that the lists were ever maintained in the public file. Accordingly, the Enforcement Bureau issued the Notice of Apparent Liability for Forfeiture in the amount of $15,000 for willful and repeated violation of Section's 11.35(a), 73.1350(b), and 73.3526(e)(12) of the Rules. Of the proposed forfeiture, $4,000 was attributable to the public inspection file violation. Licensee paid the forfeiture in full. 7. Additionally, on April 13, 2006, agents from the Commission's Tampa Office of the Enforcement Bureau conducted an inspection of WWLD(FM) at its main studio in Tallahassee, Florida. They determined that the station's public inspection file contained no
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  • ORDER Adopted: July 30, 2007 Released: August 1, 2007 By the Regional Director, South Central Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to Ora Roberts Smallwood, III, the licensee of AM radio station WCRR in Rural Retreat, Virginia, for willful violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Mr. Smallwood's failure to maintain operational receiving equipment for required Emergency Alert System (``EAS'') monitoring functions and failure to make available a complete public inspection file. background On June 22, 2006, an agent from the Commission's Norfolk Office of the Enforcement Bureau (``Norfolk Office'') conducted a main studio inspection of radio
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  • 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 twenty thousand dollars ($20,000) to Rama Communications, Inc. (``Rama''), licensee of station WKIQ, in Eustis, Florida, for willful and repeated violation of Sections 73.1125(a), 73.1350(b)(2) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to maintain full-time managerial and staff personnel at the main studio during normal business hours, failure to maintain the continuous ability to turn its transmitter off, and failure to maintain a complete public inspection file at its main studio. 2. On June 6, 2007, the Commission's Tampa Office of
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  • Consent Decree entered into by the Media Bureau (the ``Bureau'') and Ruth Pollack, Executrix of the Estate of Chester P. Coleman (the ``Licensee''), licensee of Stations KAXX(AM), Eagle River, Alaska, and KZND-FM, Houston, Alaska. The Consent Decree resolves issues arising from the Bureau's review of the captioned license renewal applications for the Stations as to whether the Licensee violated Section 73.3526 of the Commission's Rules (the ``Rules''), which governs the maintenance of a commercial station's public file. 2. The Bureau and the Licensee have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest will be served by
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  • Date'' means the date on which this Consent Decree is executed by the last of the Parties to do so; (h) ``Licensee'' refers to Ruth Pollack, Executrix of the Estate of Chester P. Coleman; (i) ``Order'' means the order of the Bureau adopting this Consent Decree; (j) ``Parties'' means the Bureau and the Licensee; (k) ``Public File Rule'' means Section 73.3526 of the Commission's Rules, 47 C.F.R. � 73.3526; (l) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (m) ``Stations'' or, either, a ``Station,'' means Stations KAXX(AM), Eagle River, Alaska, Facility ID No. 53491, and KZND-FM, Houston, Alaska, Facility ID No. 10770; and ``Violations'' means the violations of the Public File Rule at the
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Subsection 73.3526(e)(11)(iii) of the Commission's Rules (Rules) requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Subsection 73.3526(e)(11)(iii), licensees are also required
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  • August 10, 2007 By the Regional Director, South Central Region, Enforcement Bureau: In this Memorandum Opinion and Order (``Order''), we cancel three four thousand dollar ($4,000) notices of apparent liability issued to Georgia Eagle Broadcasting, Inc., licensee of stations WCEH(AM) and WRPG(FM) in Hawkinsville, Georgia and station WQXZ(FM) in Pinehurst, Georgia (``Georgia Eagle''), for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The apparent violations involved Georgia Eagle's failure to maintain and make available complete public inspection files. In response to the NALs, Georgia Eagle stated that it acquired its licenses in early first quarter 2007 and therefore on May 9, 2007, each station was only missing an issues programs list for part of one quarter. Based
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  • main studio and found that its public inspection file did not contain any issues/programs lists. A Licensee is required to place these lists in the station's public inspection file on a quarterly basis. After further inquiry by the agent, the Licensee produced a list of religious programs previously broadcast on the station. This program list did not comply with Section 73.3526(e)(12), which requires the licensee to provide a list of the programs' titles, a brief narrative describing those issues that were given significant treatment, and the programming that provided this treatment. The narrative must include the time, date, duration and title of each program in which each listed issues was treated. Thereafter, on January 26, 2006, the Commission's New York Office
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  • 0011407814 Adopted: August 16, 2007 Released: August 20, 2007 By the Associate Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and 127, Inc. (``127''), licensee of station KLFJ, Springfield, Missouri. The Consent Decree terminates an investigation by the Bureau against 127 for possible violations of Sections 73.1125(a), 73.1745, and 73.3526 of the Commission's Rules (``Rules''). The Bureau and 127 have negotiated the terms of a Consent Decree that resolves this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence relating to this matter, we conclude that there
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  • we deny the petition for reconsideration filed by Wilson Broadcasting, Inc. (``Wilson''), licensee of station WJJN-FM, in Columbia, Alabama and stations WAGF (AM) and WAGF-FM in Dothan, Alabama (``Three Stations''), of the Forfeiture Order issued April 23, 2007. The Forfeiture Order imposed a monetary forfeiture in the amount of $12,000 on Wilson for the willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violations involved Wilson's failure to maintain complete public inspection files for the Three Stations. II. BACKGROUND The Three Stations are co-located in one main studio. On January 23, 2007, an agent from the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') requested to inspect the Three Stations' public inspection files during normal
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Utah Communications, LLC (the ``Licensee''), licensee of Station KPNZ(TV), Ogden, Utah (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i)-(iii) and 73.3526(e)(7) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning its compliance with the children's programming commercial limits, Children's Television Programming Reports, and EEO public file reports. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a
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  • in part and deny in part the petition for reconsideration filed by A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA in Vega Baja, Puerto Rico, of the Forfeiture Order issued November 3, 2006. The Forfeiture Order imposed a monetary forfeiture in the amount of $15,000 on A Radio for the willful violation of Sections 73.49 and 73.3526 of the Rules and the willful and repeated violation of Section 73.1350(a) of the Rules. The noted violations involved A Radio's failure to enclose an antenna tower having radio frequency potential at the base within an effective locked fence, its failure to make available a complete public inspection file, and its failure to operate its station in accordance with the
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  • Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand five hundred dollars ($3,500) to Flagship Communications, Inc. (``Flagship''), the licensee of AM radio station WNWF in Destin, Florida, for willful and repeated violation of Section 17.57 of the Commission's Rules (``Rules'') and for willful violation of Section 73.3526 of the Rules. The noted violations involve Flagship's failure to notify the Commission of a change in ownership information for antenna structure # 1226311 and its failure to make available a complete public inspection file. II. BACKGROUND On November 30, 2005, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') conducted an inspection of AM radio station
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  • Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KTVU Partnership (the ``Licensee''), licensee of Station KFOX-TV, El Paso, Texas (the ``Station''), apparently willfully and repeatedly violated Section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children's programming. The Licensee also apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(iii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists and by failing to publicize the existence and location of its Children's Television Programming Reports. 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
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  • FRN 0002068641 FORFEITURE ORDER Adopted: September 5, 2007 Released: September 7, 2007 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Radio Wise, Inc. (``Wise''), licensee of AM broadcast station WNVA in Norton, Virginia,, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves Wise's failure to maintain and make available a complete public inspection file. 2. On July 20, 2007, the Commission's Norfolk Office of the Enforcement Bureau (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Wise. Wise has not filed a response to the
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  • ORDER Adopted: September 7, 2007 Released: September 11, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Broadcast Entertainment Corporation ("BEC"), former licensee of stations KICA(AM) and KKYC(FM) serving Clovis, New Mexico, for willful and repeated violation of Section 73.3526 of the Commission's Rules ("Rules"). On June 18, 2007, the Enforcement Bureau's Denver Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to BEC for failing to maintain a complete public inspection file for each station. In this Order, we consider BEC's arguments that the proposed forfeiture amount should be cancelled because BEC is
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-3900 Released: September 14, 2007 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Meredith Corporation WFSB(TV) Television Station WFSB(TV) 1716 Locust Street Des Moines, IA 50309 Re: Meredith Corporation WFSB(TV), Hartford, CT Facility ID No. 53115 File No. BRCT-20061201AGL Dear Licensee: This refers to your license renewal application for station WFSB(TV), Hartford, CT. Section 73.3526 of the Commission's Rules (Rules) requires a commercial broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. Pursuant to subsection 73.3526(e)(11)(ii), each commercial television broadcast station is required to place in its public inspection file, on a quarterly basis, records sufficient to allow substantiation of the licensee's certification, in its renewal application,
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  • and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau, pursuant to authority delegated under Section 0.283 of the Rules, we find that Three Trees Communications, Inc. (the ``Licensee''), licensee of Stations WJYF(FM), Nashville, Georgia; WTIF(AM), Tifton, Georgia; and WTIF-FM, Omega, Georgia (collectively, the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(2), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6), and 73.3526(e)(7) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') initiatives, self-assessment, record keeping, and public file requirements, and its broadcast public inspection file rule. 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 thirteen thousand dollars ($13,000).
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  • problem petitioners view as important, petitioners claims were insufficient to show that licensee's programming decisions ignored the needs of any substantial segment of the community); see also Letter to John V. Oldfield from Peter H. Doyle, Chief, Audio Division, Media Bureau, 21 FCC Rcd 7988 (MB 2006). Objection at � 4. (9)(i). 47 C.F.R. � 73.2526(e)(9)(ii). See 47 C.F.R. � 73.3526(e)(9)(i) (letters and e-mail messages must be retained for a period of three years from the date on which they are received by the licensee). See, e.g., Agape Broadcasting Foundation, Inc., Memorandum Opinion and Order, 13 FCC Rcd 9262 (MMB 1998) (forfeiture for indecent programming reduced in part because of licensee's ``prompt response'' to listener complaint). The Commission may, however, consider
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  • we find that it has not supported its allegations nor rebutted Licensee's showing of compliance. According to Licensee, the required list of contracts was in the public file at the time of Huston's visit. Further, Licensee states that within two days of Petitioner Huston's visit, it offered to provide that Petitioner with a copy of the ownership reports themselves. Section 73.3526(e)(5) provides that ``[l]icensees who choose to retain a list of contracts must provide a copy of any contracts to requesting parties within 7 days.'' Thus, no violation of this Rule was committed by Licensee. Accordingly, we find neither evidence of serious violations of the Act or the Rules nor of other violations by Licensee that, when considered together, evidence a
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  • most recent EEO public file report, (b) dated copies of all advertisements, bulletins, letters, faxes, e-mails, or other communications announcing each full-time vacancy for the preceding reporting year; and (c) the total number of interviewees for each full-time vacancy for the preceding reporting year and the referral source for each interviewee. 17. IT IS FURTHER ORDERED that, pursuant to Section 73.3526(e)(10) of the Commission's Rules, Inland Empire Broadcasting Corporation and SBR Broadcasting Corporation shall place a copy of this NAL in the KOLA(FM) and KCAL-FM public inspection files. 18. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Inland Empire Broadcasting Corporation and to SBR Broadcasting Corporation, P.O.
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  • amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau, pursuant to authority delegated under Section 0.283 of the Rules, we find that Liberman Television of Dallas License Corp. (the ``Licensee''), licensee of Station KMPX(TV), Decatur, Texas (the ``Station''), apparently willfully and repeatedly violated Sections 73.2080(c)(1), 73.2080(c)(1)(i), 73.2080(c)(1)(ii), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6), 73.2080(c)(6)(iv), and 73.3526(e)(7) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') recruitment, notification, self-assessment, record keeping, public file, data, and information requirements. 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 twenty thousand dollars ($20,000). We also impose reporting
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  • Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Waitt Omaha, LLC (the ``Licensee''), licensee of Station KQKQ-FM, Council Bluffs, Iowa (the ``Station''), apparently willfully and repeatedly violated Sections 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6)(iii), 73.2080(c)(6)(iv), and 73.3526(e)(7) of the Rules, by failing to comply with the self-assessment, record keeping, recruitment source information, interviewee information, and public file requirements of the Commission's Equal Employment Opportunity (``EEO'') Rules. 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 eight thousand dollars ($8,000).
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that WSJV Television, Inc. (the ``Licensee''), licensee of Station WSJV(TV), Elkhart, Indiana (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i)-(iii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning its compliance with the children's programming commercial limits, and Children's Television Programming Reports. 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
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Nexstar Broadcasting, Inc. (the ``Licensee''), licensee of Station WFFT-TV, Fort Wayne, Indiana (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the Rules, by failing to place in the station's public inspection file all required TV issues/programs lists and records concerning its compliance with the children's programming commercial limits. 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 ten thousand
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Nexstar Broadcasting, Inc. (the ``Licensee''), licensee of Station KAMR-TV, Amarillo, Texas (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(ii) and 73.3526(e)(11)(iii) of the Rules, by failing to place in the station's public inspection file records concerning its compliance with the children's programming commercial limits and its Children's Television Programming Reports. 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 eight thousand
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  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Bonneville Holding Company (the ``Licensee''), licensee of Station KSL-TV, Salt Lake City, Utah (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
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  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Commission, by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Meredith Corporation (the ``Licensee''), licensee of Station WSMV-TV, Nashville, Tennessee (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(ii) and 73.3526(e)(11)(iii) of the Rules, by failing to place in the Station's public inspection file all required records concerning its compliance with the children's programming commercial limits and Children's Television Programming Reports. 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 ten
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  • the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Freedom Broadcasting of Texas Licensee, L.L.C. (the ``Licensee''), licensee of Station KFDM-TV, Beaumont, Texas (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of the Station's Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Southwest Media, LLC (the ``Licensee''), licensee of Station KCSG(TV), Cedar City, Utah (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i), (e)(11)(ii), and (e)(7) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning compliance with the children's programming commercial limits, and EEO public file reports. In addition, the Licensee apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules by failing to publicize the existence and location of its Children's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4184A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4184A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4184A1.txt
  • Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Piedmont Television of Anchorage License LLC (the ``Licensee''), licensee of Station KTBY(TV), Anchorage, Alaska (the ``Station''), apparently willfully and repeatedly violated Sections 73.670 and 73.3526(e)(11)(iii) of the Rules, by failing to comply with the limits on commercial matter in children's programming, and by failing to publicize the existence and location of the Station's Children's Television Programming Reports, respectively. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4343A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4343A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4343A1.txt
  • that the Licensee violated Section 73.1943 with respect to the WSYR(AM) political file. Petitioners' additional claim that the Licensee was untruthful or inaccurate in its application for renewal is unsubstantiated and will be denied. Petitioners state that the Licensee answered ``yes'' to Section III, Question 3 of its renewal application, which ``certifies that the documentation, required by 47 C.F.R. Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times.'' Because we cannot find on the basis of the information presented by Petitioners that the WSYR(AM) public inspection file was incomplete or that required documentation was not placed in the file at appropriate times, we reject Petitioners' allegations that the Licensee was untruthful
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4352A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4352A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4352A1.txt
  • Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully violated Sections 73.3539 and 73.3526 of the Rules, by failing to timely file a license renewal application for the Station and failing to retain all the required documentation in Station KTMP(AM)'s public inspection file. Based upon our review of the facts and circumstances before us, we deny Johnson's Petition, grant in part and deny in part Guthrie's Petition, and conclude that the Licensee is apparently
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  • 70's Show that, if proven, would raise substantial and material questions of fact concerning Clear Channel's qualifications, or would otherwise justify designation of the station KLRT-TV license renewal application for hearing pursuant to section 309(k) of the Act. Finally, Mr. Meli states that, ``upon visiting the station on April 28th, I found that [station KLRT-TV] was not compliant with section 73.3526'' of the Commission's rules since the ``complaint file in question at the offices of [station KLRT-TV] was empty.'' Clear Channel responds that station KLRT-TV's ``Letters and E-Mails From the Public'' section of its public inspection file was not empty, and that it contained correspondence from members of the Parents Television Council, some of which addressed the material at issue in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4364A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4364A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4364A1.txt
  • the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Commission, by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Lima Communications Corporation (the ``Licensee''), licensee of Station WLIO(TV), Lima, Ohio (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists and records concerning its compliance with the children's programming commercial limits. 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 ten thousand
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4366A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4366A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4366A1.txt
  • Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Hispanic Broadcasters of Philadelphia, L.L.C. (the ``Licensee''), licensee of Station WWSI(TV), Atlantic City, New Jersey (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4451A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4451A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4451A1.txt
  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that CBS Broadcasting Inc. (the ``Licensee''), licensee of Station WWJ-TV, Detroit, Michigan (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i)-(iii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning its compliance with the children's programming commercial limits, and Children's Television Programming Reports. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4452A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4452A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4452A1.txt
  • the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Commission, by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Meredith Corporation (the ``Licensee''), licensee of Station KCTV(TV), Kansas City, Missouri (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists and records concerning its compliance with the children's programming commercial limits. 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 ten thousand
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4517A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4517A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4517A1.txt
  • (4) related pleadings. We also address disclosures made by AMFM Broadcasting in its license renewal application for KNEW(AM), Oakland, California, that, during the station's preceding license term, its public inspection file was missing certain quarterly issues and programs lists. Based on our review of the facts and circumstances, we conclude that AMFM Broadcasting apparently has willfully and repeatedly violated Section 73.3526 of the Commission's Rules (the ``Rules'') at KNEW(AM). As such, we propose a forfeiture against AMFM Broadcasting in the total amount of $10,000. We also conclude that Citicasters apparently has willfully violated Section 1.17(a) of the Rules for falsely responding ``Yes'' to Section II, Item 4, of KSJO(FM)'s renewal application, and propose a forfeiture against Citicasters in the total amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4543A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4543A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4543A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Subsection 73.3526(e)(11)(iii) of the Commission's Rules (Rules) requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Subsection 73.3526(e)(11)(iii), licensees are also required
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4551A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4551A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4551A1.txt
  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Meredith Corporation (the ``Licensee''), licensee of Station WNEM-TV, Bay City, Michigan (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists and records concerning its compliance with the children's programming commercial limits. 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 ten thousand
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4553A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4553A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4553A1.txt
  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that WSBT, Inc. (the ``Licensee''), licensee of Station WSBT-TV, South Bend, Indiana (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4656A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4656A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4656A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-4656 Released: November 16, 2007 CERTIFIED MAIL - RETURN RECEIPT REQUESTED NBC Telemundo License Co. WSNS-TV 1299 Pennsylvania Avenue, N.W. 11th Floor Washington, D.C. 20004 NBC Telemundo License Co. WSNS-TV, Chicago, Illinois Facility ID No. 70119 File No. BRCT-20050801CFO Dear Licensee: This refers to your license renewal application for station WSNS-TV, Chicago, Illinois. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(i) of the Rules, a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter by the tenth day of the succeeding calendar
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4657A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4657A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4657A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (Rules) requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4671A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4671A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4671A1.txt
  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that NBC Telemundo License Co. (the ``Licensee''), licensee of Station WMAQ-TV, Chicago, Illinois (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4736A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4736A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4736A1.txt
  • Content-Transfer-Encoding: 8bit DA 07-4736 Released: November 28, 2007 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Channel 49 Acquisition Corporation KTEN(TV) c/o Brooks, Pierce, et al. P.O. Box 1800 Raleigh, NC 27602 Re: Channel 49 Acquisition Corporation KTEN(TV), Ada, OK Facility ID No. 35666 File No. BRCT-20060131AFY Dear Licensee: This refers to your license renewal application for station KTEN(TV), Ada, Oklahoma. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(i) of the Rules, a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter by the tenth day of the succeeding calendar
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4885A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4885A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4885A2.txt
  • 3. In the 1999 Renewal Application, Aina'e Co. represented that, in preparing that application, it was unable to locate files or records from which it could formulate responses to Section III, Items 1, 2, 5, and 6 of the then-current version of FCC Form 303-S. Consequently, Aina'e Co. represented that it could not confirm that the documentation required by Section 73.3526 of the Rules had been placed in the Station's local public inspection file at the appropriate times, that Annual Employment Reports and Ownership Reports had been filed with the Commission in a timely manner, that it had complied with the children's programming commercial limits set forth in Section 73.670 of the Rules, or that it had complied with the children's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4899A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4899A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4899A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (Rules) requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section 73.3526(e)(11)(iii), licensees are also required to file the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4901A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4901A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4901A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-4901 Released: December 6, 2007 CERTIFIED MAIL - RETURN RECEIPT REQUESTED KZJL License Corp. KZJL(TV) 1845 Empire Avenue Burbank, CA 91504 Re: KZJL License Corp. KZJL(TV), Houston, TX Facility ID No. 69531 File No. BRCT-20060403BKV Dear Licensee: This refers to your license renewal application for station KZJL(TV), Houston, TX. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(iii) of the Rules, each commercial television broadcast station is required to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4935A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4935A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4935A1.txt
  • we dismiss the Petition for Reconsideration filed by Community Broadcast Group, Inc., (``Community'') licensee of AM Broadcast Radio station KZEY, in Tyler, Texas. Community seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. For the reasons provided below, we dismiss Community's petition for reconsideration as untimely. BACKGROUND On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement Bureau (``Dallas
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4939A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4939A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4939A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-4939 Released: December 11, 2007 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Journal Broadcast Corporation KIVI(TV) 3355 South Valley View Boulevard Las Vegas, NV 89102 Journal Broadcast Corporation KIVI(TV), Nampa, ID Facility ID No. 59255 File No. BRCT-20060601AVF Dear Licensee: This refers to your license renewal application for station KIVI(TV), Nampa, ID. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(i) of the Rules, a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter by the tenth day of the succeeding calendar
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4940A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4940A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4940A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (the ``Rules''), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4989A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4989A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4989A1.txt
  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that WLEX Communications, L.L.C. (the ``Licensee''), licensee of Station WLEX-TV, Lexington, Kentucky (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists. 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 ten thousand dollars ($10,000). II. BACKGROUND Section 73.3526 of the Rules requires a commercial broadcast
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4990A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4990A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4990A1.txt
  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Young Broadcasting of Lansing, Inc. (the ``Licensee''), licensee of Station WLNS-TV, Lansing, Michigan (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists. 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 four thousand dollars ($4,000). II. BACKGROUND Section 73.3526 of the Rules requires a commercial broadcast
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-555A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-555A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-555A1.txt
  • Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find WLBB Broadcasting, LLC (the ``Licensee''), licensee of Station KSCW(TV), Wichita, Kansas (the ``Station'') , apparently violated Section 73.3526(e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required records concerning its compliance with the children's programming commercial limits. 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 ten thousand dollars ($10,000). II. BACKGROUND Section 73.3526
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-556A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-556A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-556A1.txt
  • issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Ramar Communications II, Ltd. (the ``Licensee''), licensee of Station KUPT(TV), Hobbs, New Mexico (the ``Station''), apparently violated Sections 73.3526(e)(11)(ii) and 73.3526(e)(11)(iii) of the Rules, by failing to place all required records concerning its compliance with the children's programming commercial limits and by failing to publicize the existence and location of the Station's Children's Television Programming Reports and Section 73.673 of the Rules by failing to identify for program guide publishers the Station's core programming and the age groups for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-557A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-557A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-557A1.txt
  • (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Ramar Communications II, Ltd (the ``Licensee''), licensee of Station KTLL-TV, Durango, Colorado (the ``Station''), apparently violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of the Station KTLL-TV's Children's Television Programming Reports. 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 three thousand dollars ($3,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-584A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-584A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-584A1.txt
  • 07- 584 Released: February 8, 2007 CERTIFIED MAIL - RETURN RECEIPT REQUESTED The Box Worldwide LLC c/o Viacom Inc. 2000 K Street, N.W. Suite 725 Washington, D.C. 20006 Re: The Box Worldwide LLC WBXN-CA, New Orleans, LA Facility ID No. 70419 File No. BRTTA-20050201BQU Dear Licensee: This refers to your license renewal application for station WBXN-CA, New Orleans, LA. Section 73.3526 of the Commission's Rules (Rules) requires a commercial broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. Pursuant to subsection 73.3526(e)(11)(ii), each commercial television broadcast station is required to place in its public inspection file, on a quarterly basis, records sufficient to allow substantiation of the licensee's certification, in its renewal application,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-602A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-602A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-602A1.txt
  • issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Ramar Communications II, Ltd. (the ``Licensee''), licensee of Station KTEL-TV, Carlsbad, New Mexico (the ``Station''), apparently violated Section 73.3526(e)(11)(iii) of the Rules, by failing to place in the station's public inspection file all required Children's Television Programming Reports and by failing to publicize the existence and location of its Children's Television Programming Reports. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-603A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-603A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-603A1.txt
  • issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that LeSea Broadcasting of Tulsa, Inc. (the ``Licensee''), licensee of Station KWHB(TV), Tulsa, Oklahoma (the ``Station''), apparently violated Sections 73.3526(e)(11)(i) and (e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists and records concerning compliance with the children's programming commercial limits. 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 thirteen thousand five
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-604A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-604A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-604A1.txt
  • Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Simons Broadcasting, LP (the ``Licensee''), licensee of Station KTAQ(TV), Greenville, Texas (the ``Station''), apparently violated Sections 73.3526(e)(5), (e)(11)(i), and (e)(11)(iii) of the Rules, by failing to place in the Station's public inspection file its 2005 Biennial Ownership Report, and all required TV issues/programs lists and Children's Television Programming Reports. 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 ten
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-635A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-635A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-635A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the 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 Sections 73.3526 and 73.3527 of the Rules, by failing to retain required documentation in the KFFF(AM) and KFFF-FM public inspection files. 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 twenty thousand dollars ($20,000), and we grant the captioned KFFF(AM) and KFFF-FM renewal applications.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-658A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-658A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-658A1.txt
  • (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Burlington Television Acquisition Corp. (the ``Licensee''), licensee of Station KGWB-TV, Burlington, Iowa (the ``Station''), apparently violated Sections 73.3526(e)(11)(i)-(iii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning compliance with the children's programming commercial limits, and Children's Television Programming Reports, and apparently violated Section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children's programming. Based upon our review of the facts
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-739A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-739A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-739A1.txt
  • Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Multimedia Holdings Corporation (the ``Licensee''), licensee of Station KNAZ-TV, Flagstaff, Arizona (the ``Station''), apparently violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 three thousand, five hundred dollars ($3,500). II. BACKGROUND Under the Commission's rules implementing the Children's Television
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-740A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-740A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-740A1.txt
  • (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that HIC Broadcast, Inc. (the ``Licensee''), licensee of Station KFWD(TV), Fort Worth, Texas (the ``Station''), apparently violated Sections 73.3526(e)(11)(i)-(iii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning its compliance with the children's programming commercial limits, and Children's Television Programming Reports. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-742A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-742A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-742A1.txt
  • Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KAZH License, LLC (the ``Licensee''), licensee of Station KAZH(TV), Baytown, Texas (the ``Station''), apparently violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. We also find that the Licensee apparently violated Section 73.673 by failing to provide to publishers of program guides information identifying programming specifically designed to educate and inform children. Based upon our review of the facts and circumstances before us, we conclude that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-743A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-743A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-743A1.txt
  • Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Woods Communications Corporation (the ``Licensee''), licensee of Station KWBZ-TV, Wolfforth, Texas (the ``Station''), apparently violated Sections 73.3526(e)(11)(ii) and 73.3526(e)(11)(iii) of the Rules, by failing to place in the Station's public inspection file all required records concerning its compliance with the children's programming commercial limits and by failing to publicize the existence and location of its Children's Television Programming Reports. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-811A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-811A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-811A1.txt
  • Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed by 127, Inc. of the Forfeiture Order issued September 6, 2006. The Forfeiture Order imposed a monetary forfeiture in the amount of $16,800 on 127, Inc. for the willful and repeated violation of Sections 73.1125(a) and 73.1745 of the Commission's Rules (``Rules'') and the willful violation of Section 73.3526(a) of the Rules. The noted violations involved 127, Inc.'s failure to maintain a main studio, operating overpower during nighttime hours, and failure to make available for inspection the station's public inspection file. II. BACKGROUND In response to a report of a violation, on December 13 and 14, 2005, an agent from the Commission's Kansas City Office of the Enforcement Bureau
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-976A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-976A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-976A1.txt
  • March 2, 2007 Released: March 8, 2007 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand six hundred dollars ($9,600) to Frank R. Truatt (``Truatt''), the licensee of AM station WTBQ in Warwick, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1590(a)(6), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain fully operational Emergency Alert System (``EAS'') equipment, failing to conduct the annual transmitter equipment performance measurements, and failing to maintain a radio issues/programs list in the station's public inspection file. BACKGROUND On September 15, 2005, an agent from the Commission's New York Office conducted an inspection with Truatt at WTBQ's main
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1017A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1017A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1017A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-1017 Released: April 30, 2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Journal Broadcast Corporation KMIR-TV 3355 South Valley View Boulevard Las Vegas, NV 89102 Journal Broadcast Corporation KMIR-TV, Palm Springs, CA Facility ID No. 16749 File No. BRCT-20060804AFU Dear Licensee: This refers to your license renewal application for station KMIR-TV, Palm Springs, CA. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(i) of the Rules, a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter by the tenth day of the succeeding calendar
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1018A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1018A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1018A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (the ``Rules''), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1047A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1047A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1047A1.txt
  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Sage Broadcasting Corporation (the ``Licensee''), licensee of Station KIDU-LP, Brownwood, Texas (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission, place in the Station's public inspection file, and publicize the existence and location of the Station's Children's Television Programming Reports. Moreover, we find that the Licensee apparently willfully and repeatedly violated Section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children's programming. Based
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1048A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1048A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1048A1.txt
  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Sage Broadcasting Corporation (the ``Licensee''), licensee of Station KIDZ-LP, Abilene, Texas (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission, place in the Station's public inspection file, and publicize the existence and location of the Station's Children's Television Programming Reports. Moreover, we find that the Licensee apparently willfully and repeatedly violated Section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children's programming. Based
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1049A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1049A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1049A1.txt
  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Sage Broadcasting Corporation (the ``Licensee''), licensee of Station KIDT-LP, Stamford, Texas (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission, place in the Station's public inspection file, and publicize the existence and location of the Station's Children's Television Programming Reports. Moreover, we find that the Licensee apparently willfully and repeatedly violated Section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children's programming. Based
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1051A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1051A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1051A1.txt
  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Sage Broadcasting Corporation (the ``Licensee''), licensee of Station KIDV-LP, Albany, Texas (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission, place in the Station's public inspection file, and publicize the existence and location of the Station's Children's Television Programming Reports. Moreover, we find that the Licensee apparently willfully and repeatedly violated Section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children's programming. Based
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-105A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-105A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-105A1.txt
  • Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau and Fiesta Radio, Inc. (the ``Licensee''), licensee of commercial Station KSUN(AM), Phoenix, Arizona (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned renewal application for the license for the Station as to whether the Licensee violated Section 73.3526 of the Commission's Rules (the ``Rules''), which governs the maintenance of a commercial station's public file. 2. The Consent Decree provides, among other things, that the Licensee will institute and maintain, for three years, a Compliance Plan for the Station and make a $10,000 voluntary contribution to the United States Treasury. A copy of the Consent Decree is attached hereto
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-105A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-105A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-105A2.txt
  • the Bureau releases the Order; (f) ``Execution Date'' means the date on which this Consent Decree is executed by the last of the Parties to do so; (g) ``Licensee'' refers to Fiesta Radio, Inc.; (h) ``Order'' means the order of the Bureau adopting this Consent Decree; (i) ``Parties'' means the Bureau and the Licensee; (j) ``Public File Rule'' means Section 73.3526 of the Commission's rules, 47 C.F.R. � 73.3526; (k) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (l) ``Station'' means Station KSUN(AM), Phoenix, Arizona (Facility ID No. 21430); and (m) ``Violations'' means the violations of the Public File Rule. II. Background 3. On June 1, 2005, the Licensee filed a license renewal application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1063A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1063A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1063A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (the ``Rules''), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1064A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1064A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1064A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-1064 Released: May 6, 2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Sage Broadcasting Corporation KIDY(TV) 406 South Irving San Angelo, Texas 76903 Sage Broadcasting Corporation KIDY(TV), San Angelo, Texas Facility ID No. 58560 File No. BRCT-20060331AXI Dear Licensee: This refers to your license renewal application for station KIDY(TV), San Angelo, Texas. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(i) of the Rules, a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter by the tenth day of the succeeding calendar
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1102A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1102A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1102A1.txt
  • Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Viacom Stations Group of Detroit Inc. (the ``Licensee''), licensee of Station WKBD(TV), Detroit, Michigan (the ``Station''), apparently willfully and repeatedly violated Section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children's programming, and apparently willfully violated Section 73.3526(e)(11)(ii) of the Rules by failing to place in the Station's public inspection file all required records concerning compliance with the children's programming commercial limits. 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 eight thousand dollars ($8,000). II. BACKGROUND In the Children's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1104A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1104A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1104A1.txt
  • the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that ACME Television Licenses of Wisconsin, LLC (the ``Licensee''), licensee of Station WIWB(TV), Suring, Wisconsin (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, and Section 73.670 of the Rules, by exceeding the commercial limitations in children's programming. 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 fourteen
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1105A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1105A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1105A1.txt
  • pursuant to authority delegated under Section 0.283 of the Rules, we find that WATE, G.P. (the ``Licensee''), licensee of Station WATE-TV, Knoxville, Tennessee (the ``Station''), apparently willfully and repeatedly violated Section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children's programming. Moreover, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to maintain in the Station's public inspection file all of its TV issues/programs lists. 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 eight thousand dollars ($8,000). II. BACKGROUND In the Children's Television Act of 1990, Congress
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1110A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1110A1.txt
  • adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Wilson Broadcasting, Inc. (``Wilson''), licensee of station WJJN-FM, in Columbia, Alabama and stations WAGF (AM) and WAGF-FM in Dothan, Alabama (the ``Three Stations''). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (``NAL'') by the Bureau against Wilson for possible violations of Section 73.3526 of the Commission's Rules (``Rules'') regarding public inspection file requirements. The Bureau and Wilson have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1145A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1145A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1145A1.txt
  • Dear Mr. Southern: The Audio Division, has before it the November 7, 2003, letter filed on behalf of Southern Communications Corp. (``SCC''), licensee of Station WMTD-FM, Hinton, West Virginia. The letter requests reduction or cancellation of an October 8, 2003, Notice of Apparent Liability for a Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) for violations of Section 73.3526 of the Commission's Rules (the "Rules") regarding SCC's failure to maintain station WMTD-FM's public inspection file. By this action, we cancel the NAL and admonish SCC for violating Section 73.3526 of the Rules. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527,
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  • Dear Mr. Southern: The Audio Division, has before it the November 7, 2003, letter filed on behalf of Southern Communications Corp. (``SCC''), licensee of Station WMTD(AM), Hinton, West Virginia. The letter requests reduction or cancellation of an October 8, 2003, Notice of Apparent Liability for a Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) for violations of Section 73.3526 of the Commission's Rules (the "Rules") regarding SCC's failure to maintain station WMTD(AM)'s public inspection file. By this action, we cancel the NAL and admonish SCC for violating Section 73.3526 of the Rules. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527,
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  • 001-52288-93 FORFEITURE ORDER Adopted: May 20, 2008 Released: May 22, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Phillips Broadcasting, LLC (``Phillips''), licensee of stations WAOC and WFOY, in St. Augustine, Florida, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves Phillips' failure to maintain and make available complete public inspection files. 2. On April 10, 2008, the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Phillips. Phillips has not filed a response to the NAL.
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KXLF Communications, Inc. (the ``Licensee''), licensee of Station KXLF-TV, Butte, Montana (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists. 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 ten thousand dollars ($10,000). II. BACKGROUND Section 73.3526 of the Rules requires a commercial broadcast
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-1206 Released: May 27, 2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Sage Broadcasting Corporation KXVA(TV) 406 South Irving San Angelo, Texas 76903 Sage Broadcasting Corporation KXVA(TV), Abilene, Texas Facility ID No. 62293 File No. BRCT-20060331AYM Dear Licensee: This refers to your license renewal application for station KXVA(TV), Abilene, Texas. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(i) of the Rules, a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter by the tenth day of the succeeding calendar
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  • a history of compliance with the Commission's Rules ``under the current licensee.'' The NAL, in this case was issued to Western Slope, not KRGS(AM). Western Slope is commonly owned with WS Communications, LLC, which was assessed a $4,000 forfeiture by the Enforcement Bureau in 2000, for willful and repeated violation of the Commission's public inspection file requirements found in Section 73.3526 of the Rules. Because of the relationship between and the common control of Western Slope and WS Communications, LLC, we find that reduction of the forfeiture based on a history of compliance is not warranted. Western Slope also asserts that its failure to notify the Commission of the change in ownership of antenna structure number was an ``inadvertent error'' that
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  • FORFEITURE ORDER Adopted: May 29, 2008 Released: May 30, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) to Dick Broadcasting Company, Inc. of Tennessee ("DBC"), licensee of Station WKZL(FM), Winston-Salem, North Carolina (the ``Station''), for willful and repeated violations of Section 73.3526 of the Commission's Rules ("Rules"). The violation involves DBC's failure properly to maintain the Station's public inspection file. BACKGROUND On April 8, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of nine thousand dollars ($9,000) to DBC for this violation. DBC filed a response to the NAL on April 26, 2004. As noted
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  • 8bit DA 08-1294 Released: June 4, 2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Roberts Broadcasting Company WRBU(TV) 1408 N. Kingshighway Boulevard Suite 300 St. Louis, Missouri 63113 Re: Roberts Broadcasting Company WRBU(TV), East St. Louis, Illinois Facility ID No. 57221 File No. BRCT-20050801CZA Dear Licensee: This refers to your license renewal application for station WRBU(TV), East St. Louis, Illinois. Section 73.3526 of the Commission's Rules (Rules) requires each commercial broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. Section 73.3526(e)(11)(i) provides that a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter. Moreover, as set forth in Section 73.3526(e)(11)(iii) of the Rules, each
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1326A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1326A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1326A1.txt
  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that NBC Telemundo License Co. (the ``Licensee''), licensee of Station KNBC(TV), Los Angeles, California (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 three thousand dollars ($3,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1363A1.pdf
  • processing of stations' applications to build their post-transition facilities. Entities Directly Affected by the Rule Television Broadcasting Class A TV, Low Power TV, TV Translator Stations 13 DTV � CONSUMER EDUCATION INITIATIVE: MB DOCKET NO. 07-148 TITLE:DTVCONSUMER EDUCATION INITIATIVE,MBDOCKET NO.07-148,REPORT AND ORDER,FCC08-56(REL.MAR.3,2008;FRPUBLICATION:MAR.24,2008). TITLE:DTVCONSUMER EDUCATION INITIATIVE,MBDOCKET NO.07-148,ORDER ON RECONSIDERATION AND FURTHER NOTICE OF PROPOSED RULEMAKING,FCC08-119(REL. APR.23,2008). Effective Dates:Rule Sections 27.20, 73.674, 73.3526(e)(11)(iv) and 73.3527(e)(13) are effective March 31, 2008; Section 76.1630 is effective April 30, 2008; and Sections 15.124 and 54.418, as revised, are effective May 30, 2008. Copies available at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-119A1.doc Objectives of the Proceeding Because the many benefits of the digital transition could be severely limited by insufficient consumer awareness, the Commission issued this Report and Orderadopting
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  • the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Hearst-Argyle Properties, Inc. (the ``Licensee''), licensee of Station WMUR-TV, Manchester, New Hampshire (the ``Station''), apparently willfully and repeatedly violated Sections 73.670 and 73.3526(e)(11)(iii) of the Rules, by failing to comply with the limits on commercial matter in children's programming, and by failing to publicize the existence and location of the Station's Children's Television Programming Reports, respectively. 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
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  • to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Spartan-TV, LLC (the ``Licensee''), licensee of Station WHTV(TV), Jackson, Michigan (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists. 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 ten thousand dollars ($10,000). II. BACKGROUND Section 73.3526 of the Rules requires a commercial broadcast
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  • contends that, if the Commission cannot adjudicate the complaints before granting the license renewal, ``then KTHV should be issued a temporary license until the FCC is able to determine whether or not KTHV is meeting its public interest requirements.'' Mr. Meli further states that, ``upon visiting the station on April 28th, I found that KTHV was not compliant with section 73.3526'' of the Commission's rules since the ``complaint file in question at the offices of KTHV was empty.'' Gannett responds that, though it had not received any complaints at the time the petition was filed, ``[b]ased on the description of the Episode contained in the [p]etition, it does not appear that the network broadcast violated the Commission's indecency rules.'' With respect
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Griffin Entities, L.L.C. (the ``Licensee''), licensee of Station KWTV(TV), Oklahoma City, Oklahoma (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
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  • fact, complied with a different option during the second quarter, the station should indicate the option followed in this filing. . - FCC - In the Matter of DTV Consumer Education Initiative, MB Docket No. 07-148, Report and Order, 23 FCC Rcd 4134 (Rel. Mar. 3, 2008) (``DTV Consumer Education Order''). Id. at �� 7-35 and at Appendix B, Sections 73.3526 and 73.3527. Broadcasters must elect to comply with one of three options, as described in 47 C.F.R. �� 73.674 (c), (d), and (e), and indicate that election on Form 388. DTV Consumer Education Order at � 9. By Order in MB Docket No. 07-148, the forms are no longer to be filed in the Electronic Comment Filing System (ECFS). See
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  • dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Cancellation of Proposed Forfeiture (``Request'') on September 9, 2004. On March 23, 2004, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, filing an Exhibit and an amendment explaining that the issues/programs lists for almost the entire term of its license, from August 1996 until early January 2003, were not completed. On August 10, 2004, the
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  • for a total of $6,000. Licensee filed a Request for Reduction or Cancellation of Proposed Forfeiture (``Request'') on September 2, 2004. On March 26, 2004, Licensee filed an application to renew the licenses of the Stations. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, filing an Exhibit explaining that the issues/programs lists for first through fourth quarters of 2003, and the ownership report for 2003, were not in the Stations' public files. On August 5, 2004, the staff
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-148A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-148A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-148A1.txt
  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that NBC Telemundo License Co. (the ``Licensee''), licensee of Station WNJU(TV), Linden, New Jersey (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i)-(iii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning its compliance with the children's programming commercial limits, and Children's Television Programming Reports. Moreover, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's
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  • FORFEITURE ORDER Adopted: June 27, 2008 Released: July 1, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to D-Mitch Broadcasting, Inc. (``D-Mitch''), licensee of station WBSC (AM), in Bennettsville, South Carolina for willful and repeated violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve D-Mitch's failure to maintain operational Emergency Alert System (``EAS'') equipment and failure to maintain and make available a complete public inspection file. 2. On May 2, 2008, the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000
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  • dollars ($9,000) to Licensee for these violations. Licensee filed a Request for Cancellation of Proposed Forfeiture (``Request'') on October 12, 2004. On January 30, 2004, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, filing an amended Exhibit explaining that the following issues/programs lists were not in the Station's public files: in 1999, quarters one through four; in 2000, quarters two and three; in 2001, quarters two and
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  • for a total of $18,000. Licensee filed a Request for Reduction or Cancellation of Proposed Forfeiture (``Request'') on October 12, 2004. On January 28, 2004, Licensee filed an application to renew the licenses of the Stations. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, attaching an amended Exhibit explaining that the issues/programs lists from the second half of 1996 and all issues/programs lists from the years 1997 through 2001 were not in the Stations' public files. On September
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  • dollars ($9,000) to Licensee for these violations. Licensee filed a Request for Cancellation of Proposed Forfeiture (``Request'') on October 12, 2004. On January 30, 2004, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, filing an amended Exhibit explaining that the following issues/programs lists were not in the Station's public files: in 1999, quarters two through four; in 2000, quarters one through three; in 2001, quarters one, two
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  • of the Rules, we find that Hill Broadcasting Company, Inc. (the ``Licensee''), licensee of Station KTVG(TV), Grand Island, Nebraska (the ``Station''), apparently willfully and repeatedly violated Section 73.3615 of the Rules, by failing to file Biennial Ownership Reports with the Commission and by failing to timely place in the Station's public inspection file all of the materials required by Section 73.3526 of the Commission's Rules. 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 six thousand dollars ($6,000). II. BACKGROUND Section 73.3615 of the Commission's Rules requires broadcast licensees to file an Ownership Report (FCC Form 323) when filing the station's application for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1666A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1666A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1666A1.txt
  • the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Liberman Television of Dallas License Corp. (the ``Licensee''), licensee of Station KMPX(TV), Decatur, Texas (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission, place in the Station's public inspection file, and publicize the existence and location of the Station's Children's Television Programming Reports. 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 thirteen thousand dollars
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1726A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1726A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1726A1.txt
  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KSBY Communications, Inc. (the ``Licensee''), licensee of Station KSBY(TV), San Luis Obispo, California (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(5), (e)(7), and (e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file its 2005 Biennial Ownership Report, its 2005 EEO public file report, and all required records concerning compliance with the children's programming commercial limits. We also find that the Licensee apparently violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1727A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1727A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1727A1.txt
  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Alaska Broadcasting Company, Inc. (the ``Licensee''), licensee of Station KTVA(TV), Anchorage, Alaska (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
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  • a monetary forfeiture in the amount of six thousand dollars ($6,000). II. BACKGROUND Section 73.3615 of the Commission's Rules requires commercial broadcast licensees to file an Ownership Report (FCC Form 323) when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Section 73.3526(e)(5) of the Rules also requires each licensee of a commercial broadcast station to place in the public inspection file for its station, a copy of the most recent, complete ownership report filed with the Commission. On February 1, 2007, the Licensee filed its license renewal application (FCC Form 303-S) for Station WMCN-TV (the ``Application'') (File No. BRCDT-20070201BGD). In Exhibit 17,
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  • No. BR-20040130BSK FRN: 0005941430 FORFEITURE ORDER Adopted: July 24, 2008 Released: July 25, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000), to Sudbury Services, Inc. (``Licensee''), licensee of Station KLCN(AM), Blytheville, Arkansas (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On December 10, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Licensee for these violations. Licensee filed a Request for Cancellation of Proposed Forfeiture (``Request'') on January 7, 2005. On
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  • reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). Id. 47 C.F.R � 73.1225(a). 47 C.F.R � 73.3526(b),(c). 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 73.49. 47 U.S.C. � 504(a). Federal Communications Commission DA 08-1755 Federal Communications Commission DA 08-1755 1 $ � "
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  • No. BRH-20031201ARQ FORFEITURE ORDER Adopted: July 28, 2008 Released: July 29, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand two hundred dollars ($7,200), to ROA Licenses, LLC (``Licensee''), licensee of Station WJZZ-FM, Roswell, Georgia (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On October 20, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on December 3, 2004. On
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  • No. BRH-20031201AQL FORFEITURE ORDER Adopted: July 28, 2008 Released: July 29, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand two hundred dollars ($7,200), to ROA Licenses, LLC (``Licensee''), licensee of Station WPZE(FM), Fayetteville, Georgia (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On October 21, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on December 6, 2004. On
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  • Adopted: July 29, 2008 Released: July 31, 2008 By the Regional Director, Western Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to MBR Licensee, LLC (``MBR''), licensee of station KIQQ(AM) in Barstow, California, and station KIQQ-FM in Newberry Springs, California, for willful and repeated violations of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves MBR's failure to maintain a complete public inspection file. 2. On May 30, 2008, the Enforcement Bureau's Los Angeles District Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to MBR for failing to maintain a complete public inspection file, in violation of Section 73.3526
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (the ``Rules''), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1823A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1823A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1823A1.txt
  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (the ``Rules''), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1849A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1849A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1849A1.txt
  • No. BR-20030730AHA FORFEITURE ORDER Adopted: August 5, 2008 Released: August 6, 2008 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000) to Frank Neely (``Neely''), licensee of Station WGIV(AM), Gastonia, North Carolina (the ``Station''), for his willful and repeated violation of Section 73.3526 of the Commission's Rules (the ``Rules''). The noted violation involves Neely's failure to maintain station WGIV(AM)'s public inspection file. II. BACKGROUND On June 21, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Neely. Neely filed a response requesting cancellation of the forfeiture (the ``Response'') on July 18,
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  • FORFEITURE ORDER Adopted: August 6, 2008 Released: August 7, 2008 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Entercom Greenville License, LLC (``Entercom''), licensee of Station WYRD(AM), Greenville, South Carolina (the ``Station'') for its willful and repeated violation of Section 73.3526 of the Commission's Rules (the ``Rules''). The noted violation involves Entercom's failure to maintain station WYRD(AM)'s public inspection file. II. BACKGROUND On November 3, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) to Entercom. Entercom filed a response requesting rescission of the forfeiture (the ``Response'') on January 4,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1860A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1860A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1860A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-1860 Released: August 7, 2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED CMCG Portland License LLC WPFO(TV) 233 Oxford Street Suite 35 Portland, Maine 04101 Re: CMCG Portland License LLC WPFO(TV), Waterville, Maine Facility ID No. 84088 File No. BRCT-20061201AFT Dear Licensee: This refers to your license renewal application for station WPFO(TV), Waterville, Maine. Section 73.3526 of the Commission's Rules (Rules) requires each commercial broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. Section 73.3526(e)(11)(i) provides that a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter. Moreover, as set forth in Section 73.3526(e)(11)(iii) of the Rules, each
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (the ``Rules''), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1925A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1925A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1925A1.txt
  • to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KHQ, Incorporated (the ``Licensee''), licensee of Station KNDO(TV), Yakima, Washington (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists. 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 four thousand dollars ($4,000). II. BACKGROUND Section 73.3526 of the Rules requires a commercial broadcast
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  • to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KHQ, Incorporated (the ``Licensee''), licensee of Station KNDU(TV), Richland, Washington (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists. 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 four thousand dollars ($4,000). II. BACKGROUND Section 73.3526 of the Rules requires a commercial broadcast
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  • of local radio service to the communities served.'') See Deregulation of Radio, Report and Order, 84 FCC 2d 968 (1981), recon. granted in part, Memorandum Opinion and Order, 87 FCC 2d 796 (1981), aff'd in relevant part, Office of Communications of the United Church of Christ v. FCC, 707 F.2d 1413, 1435 (D.C. Cir 1983). See also 47 C.F.R. �� 73.3526, 73.3527. See 47 C.F.R. � 1.44(e). See Hispanic Information and Telecommunications Network, Inc., Memorandum Opinion and Order, 20 FCC Rcd 5471, 5479 (2005) (citing Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 921, 925 (D.C. Cir. 1958), as revised by Washington Metropolitan Area Transit Authority v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. Cir. 1977). Federal Communications Commission Washington,
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  • ORDER Adopted: August 27, 2008 Released: August 28, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to LaSalle County Broadcasting Corporation (``Licensee''), licensee of Stations WLPO(AM) and WAJK(FM), LaSalle, Illinois (collectively, the ``Stations''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for each Station. BACKGROUND On December 22, 2004, the Bureau issued two Notices of Apparent Liability for Forfeiture (``NAL''), each in the amount of nine thousand dollars ($9,000) to Licensee for these violations, for a total of $18,000. Licensee filed a Request for Reduction of Proposed Forfeiture
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  • No. BRH-20040729ARR FORFEITURE ORDER Adopted: August 27, 2008 Released: August 28, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000) to LaSalle County Broadcasting Corporation (``Licensee''), licensee of Station WKOT(FM), Marseilles, Illinois (the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission Rules (the ``Rules'') by failing to properly maintain the public file. BACKGROUND On December 22, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL''), in the amount of nine thousand dollars ($9,000) to Licensee for the violations. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 21, 2005. On July 29,
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  • FORFEITURE ORDER Adopted: August 27, 2008 Released: August 28, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to Capital Assets, Inc. (``Licensee''), licensee of Stations WRJX(AM) and WHOD(FM), Jackson, Alabama (collectively, the ``Stations''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for each Station. BACKGROUND On December 21, 2004, the Bureau issued two Notices of Apparent Liability for Forfeiture (``NAL''), each in the amount of nine thousand dollars ($9,000) to Licensee for these violations, for a total of $18,000. Licensee filed a Request for Reduction of Proposed Forfeiture
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  • No. BRH-20031205ADE FORFEITURE ORDER Adopted: August 27, 2008 Released: August 28, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000) to Capital Assets, Inc. (``Licensee''), licensee of Station WBMH(FM), Grove Hill, Alabama (the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On December 21, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL''), in the amount of nine thousand dollars ($9,000) to Licensee for the violations. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 14, 2005. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2000A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2000A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2000A1.txt
  • to complete and file Form 388 as it applies to periods after the conclusion of their mandatory education efforts. We note that these stations may file Form 388 for the fourth quarter and beyond to reflect voluntary consumer education outreach, particularly if they continue to provide educational information via their analog signal. However, we will waive the requirements of Section 73.3526(e)(11)(iv) of our Rules effective October 11, 2008, and not require them to file Form 388 for periods after the third quarter of 2008. conclusion The unique circumstances surrounding the early DTV transition of the Wilmington, NC market places WSFX-TV, WECT-TV, and WWAY-TV in a position wholly unlike that of any other station in the country. Therefore, we grant the Stations'
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Subsection 73.3526(e)(11)(iii) of the Commission's Rules (Rules) requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Subsection 73.3526(e)(11)(iii), licensees are also required
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2086A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2086A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2086A1.txt
  • 0015736143 FORFEITURE ORDER Adopted: September 11, 2008 Released: September 15, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) to New World, L.L.C. (``New World''), licensee of station KZTD-AM serving Cabot, Arkansas, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves New World's failure to maintain and make available a public inspection file. II. BACKGROUND On July 17, 2007, in response to a complaint, agents from the Commission's New Orleans Office of the Enforcement Bureau (``New Orleans Office'') inspected station KZTD-AM at its main studio in Cabot, Arkansas. Station KZTD-AM's General Manager,
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  • 200832500004 FRN: 0004931952 FORFEITURE ORDER Adopted: September 11, 2008 Released: September 15, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Mark V. Aulabaugh, licensee of stations KSEY and KSEY-FM, in Seymour, Texas, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves Mr. Aulabaugh's failure to maintain and make available complete public inspection files. 2. On June 18, 2008, the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mr. Aulabaugh. Mr. Aulabaugh has not filed a response
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  • No. BR-20040202AGY FORFEITURE ORDER Adopted: September 26, 2008 Released: September 29, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000) to WGSO, L.L.C. (``Licensee''), licensee of Station WGSO(AM), New Orleans, Louisiana ( the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On June 21, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL''), in the amount of nine thousand dollars ($9,000) to Licensee for the violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on July 21, 2004, and
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  • File No. BR-20040202ANT FORFEITURE ORDER Adopted: September 26, 2008 Released: September 29, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000) to WFNO, L.L.C. (``Licensee''), licensee of Station WFNO(AM), Norco, Louisiana ( the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On February 22, 2006, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL''), in the amount of nine thousand dollars ($9,000) to Licensee for the violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on March 24, 2006. On
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  • Released: February 22, 2008 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Lazer Licenses, LLC, (``Lazer''), the licensee of stations KSBQ(AM), Santa Maria, California, KLMM-FM, Morro Bay, California and KLUN-FM, Paso Robles, California, for willfully and repeatedly violating Section 73.3526 of the Commission's Rules (``Rules''). On May 17, 2007, the Enforcement Bureau's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000 to Lazer for failing to maintain complete public inspection files. In this Order, we consider Lazer's arguments that the missing portions of their public inspection files were timely prepared but could
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  • violation of Section 73.3539 of the Commission's Rules (the ``Rules'') and Section 301 of the Communications Act of 1934, as amended (the ``Act''), involving Huerta's failure to have timely filed a license renewal application for the Station and his unauthorized operation of WJHX(AM) after his license for the Station had expired; and for Huerta's willful and repeated violation of Section 73.3526 of the Commission's Rules, involving Huerta 's failure properly to maintain a public inspection file for Station WJHX(AM). II. BACKGROUND On April 28, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of sixteen thousand dollars ($16,000) to Huerta. Huerta filed a response requesting a substantial reduction of the forfeiture (the ``Response''), on May
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2296A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2296A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2296A1.txt
  • 000-50080-16 00-50080-16 FORFEITURE ORDER Adopted: October 15, 2008 Released: October 17, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of sixteen thousand dollars ($16,000) to Rama Communications, Inc. (``Rama''), licensee of station WLAA, in Ocoee, Florida, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to maintain an operational Emergency Alert System (``EAS'') and failure to maintain and make available complete public inspection files. 2. On August 4, 2008, the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $16,000 to
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  • Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that San Francisco Television Station KBCW Inc. (the ``Licensee''), licensee of Station KBCW(TV), San Francisco, California (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, and Section 73.670 of the Rules, by exceeding the commercial limitations in children's programming. 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 eight
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  • 2008 Released: October 28, 2008 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800) to Viva Communications Group, LLC (``Viva''), licensee of AM radio station WSDE, Cobleskill, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to sign off at local sunset time, failing to maintain daytime operating power at more than 90% of the authorized power, and failing to maintain a complete public inspection file. On December 20, 2007, the Buffalo Field Office issued a Notice of Apparent Liability
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  • FORFEITURE ORDER Adopted: October 28, 2008 Released: October 30, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000) to Sun Valley Radio, Inc. (``Sun Valley''), licensee of Station KBLQ-FM, Logan, Utah ( the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On November 18, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL''), in the amount of nine thousand dollars ($9,000) to Sun Valley for the violation. KBLQ filed a Request for Cancellation or Reduction of Forfeiture (``Request'') on December 16,
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  • ORDER Adopted: October 28, 2008 Released: October 30, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000) to Sun Valley Radio, Inc. (``Sun Valley''), licensee of Station KKEX (FM), Preston, Idaho ( the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On November 18, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL''), in the amount of nine thousand dollars ($9,000) to Sun Valley for the violation. KKEX filed a Request for Cancellation or Reduction of Forfeiture (``Request'') on December 16,
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  • ORDER Adopted: October 30, 2008 Released: October 31, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand two hundred dollars ($3,200) to Franklin College of Indiana (``Franklin College''), licensee of Station WFCI(FM), Franklin, Indiana (the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On December 1, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL''), in the amount of nine thousand dollars ($9,000) to Franklin College for the violation. Franklin College filed a Response to the Notice of Apparent Liability (``Response'') on January
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  • dollars ($9,000) to Licensee for this violation. Licensee filed a Response to Notice of Apparent Liability (``Response'') on July 6, 2005. On June 2, 2003, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, filing an Exhibit explaining that the issues-programs lists prepared prior to the hiring of the current full-time manager could not be located. Thus, the required issues-program lists were missing from WLUR(FM)'s public inspection file
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  • 5, 2008 Released: November 7, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) to Star Power Communications Corporation (``Star Power''), licensee of station WIQR(AM), in Prattville, Alabama, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Star Power's failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain and make available a complete public inspection file. We also admonish Star Power for its repeated violation of Section 73.1350(a) of the Rules. II. BACKGROUND On August 30, 2007, agents of the Commission's Atlanta Office of
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  • February 26, 2008. The agents also observed that the perimeter property fence gate still remained open and lying on the ground. On September 24, 2008, the Tampa Office issued a Notice of Apparent Liability for Forfeiture to Black Crow in the amount of twenty-three thousand dollars ($23,000) for the apparent willful and repeated violation of Sections 11.35(a), 73.44(b), 73.49 and 73.3526 of the Rules. In response to the NAL, Black Crow admitted that it violated Sections 11.35(a) and 73.3526 of the Rules and submitted a payment in the amount of $12,000 for those violations. Black Crow, however, requested cancellation or reduction of the remaining $11,000 proposed forfeiture. DISCUSSION The proposed forfeiture amount in this case was assessed in accordance with Section
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  • 73.3527 of the Commission's Rules (the "Rules") regarding Glen Iris's failure to maintain station WQEM(FM)'s public inspection file. By this action, we cancel the NAL and admonish Glen Iris for violating Section 73.3527 of the Rules. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Glen Iris indicated ``No'' to that certification, attaching an Exhibit 11 supplement explaining that it purchased the station on January 22, 2003, and that when it reviewed the public file in connection with the renewal, it found no issues/programs lists for the entire
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  • January 7, 2008 Released: January 9, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) to West Helena Broadcasters, Inc. (``Broadcasters, Inc.''), licensee of station KCLT-FM, in West Helena, Arkansas, for willful and repeated violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Broadcasters, Inc.'s failure to have an operational Emergency Alert System (``EAS'') and failure to maintain and make available a complete public inspection file. II. BACKGROUND On August 22, 2007, in response to a complaint, an agent from the Commission's New Orleans Office of the Enforcement Bureau (``New Orleans Office'') inspected station
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  • before him the June 20, 2005, letter, as supplemented on November 12, 2008, filed on behalf of Cumulus Licensing, LLC (``Cumulus''), licensee of Station WDUZ-FM, Brillion, Wisconsin (the ``Station''). The Response requests reduction or cancellation of the May 20, 2005, Notice of Apparent Liability for a Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) for violations of Section 73.3526 of the Commission's Rules (the "Rules") regarding Cumulus's failure to maintain the Station's public inspection file. By this action, we cancel the NAL and admonish Cumulus for violating Section 73.3526 of the Rules. On August 2, 2004, Cumulus filed the above-referenced application to renew the license of the Station (the ``Application''). Section III, Item 3, of the license renewal application
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  • Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty five thousand dollars ($25,000) to Rama Communications, Inc. (``Rama''), licensee of station WOKB, in Winter Garden, Florida and owner of antenna structure numbers 1045401, 1045403 and 1045404, for willful and repeated violation of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to clean or repaint its antenna structures as often as necessary to maintain good visibility, failure to enclose the antenna tower within an effective locked fence or enclosure, operation at times with power other than those specified in its the license, and failure to maintain and make available a
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  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Blue Mountain Broadcasting Association (the ``Licensee''), licensee of Station K22BI, Walla Walla, Washington (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. We also find that the Licensee apparently willfully and repeatedly violated Section 73.673 by failing to identify for publishers of program guides the age group for which its children's programming is targeted. Based upon our review of the facts and circumstances before us,
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  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Blue Mountain Broadcasting Association (the ``Licensee''), licensee of Station K28FT, Walla Walla, Washington (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. We also find that the Licensee apparently willfully and repeatedly violated Section 73.673 by failing to identify for publishers of program guides the age group for which its children's programming is targeted. Based upon our review of the facts and circumstances before us,
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  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Blue Mountain Broadcasting Association (the ``Licensee''), licensee of Station K36EW, College Place, Washington (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. We also find that the Licensee apparently willfully and repeatedly violated Section 73.673 by failing to identify for publishers of program guides the age group for which its children's programming is targeted. Based upon our review of the facts and circumstances before us,
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  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Louis Martinez Family Group, LLC (the ``Licensee''), licensee of Station KQUX-CA, Austin, Texas (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to place in the Station's public inspection file and publicize the existence and location of the Station's Children's Television Programming Reports. 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 twelve thousand dollars ($12,000). II. BACKGROUND Section
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  • for Reconsideration (``Petition'') filed on March 24, 2008, by Lazer Licenses, LLC, (``Lazer''), the licensee of stations KSBQ(AM), Santa Maria, California, KLMM-FM, Morro Bay, California and KLUN-FM, Paso Robles, California, of a Forfeiture Order issued by the Western Region (``Region'') of the Enforcement Bureau, imposing an eight thousand dollar ($8,000) forfeiture against Lazer, for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation concerned Lazer's failure to maintain complete public inspection files for KSBQ(AM), KLMM-FM, and KLUN-FM. For the reasons discussed below, we deny Lazer's Petition and affirm the forfeiture. II. BACKGROUND On March 6, 2007, an agent of the Enforcement Bureau's Los Angeles Office conducted inspections of the public inspection files for stations KSBQ(AM),
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  • Order, 15 FCC Rcd 5906 (2000) (WBBK Broadcasting''). See Deregulation of Radio, Report and Order, 84 FCC 2d 968 (1981), recon. granted in part, Memorandum Opinion and Order, 87 FCC 2d 796 (1981), aff'd in relevant part, Office of Communications of the United Church of Christ v. FCC, 707 F.2d 1413, 1435 (D.C. Cir 1983). See also 47 C.F.R. �� 73.3526, 73.3527. See WNOW-FM, 23 FCC Rcd at 8420. Suburban Community, 93 FCC 2d at 456. See 47 C.F.R. � 1.44(e). See Hispanic Information and Telecommunications Network, Inc., Memorandum Opinion and Order, 20 FCC Red 5471, 5479 (2005) (citing Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 921, 925 (D.C. Cir. 1958), as revised by Washington Metropolitan Area Transit Authority v.
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  • No. BRH-20040802BHX FORFEITURE ORDER Adopted: December 17, 2008 Released: December 18, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000), to Saga Communications of Illinois, LLC (``Saga''), licensee of Station WLRW(FM), Champaign, Illinois (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On August 2, 2004, Saga filed the above-referenced application to renew the license of the Station (the ``Application''). Section III, Item 3, of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-2737 Released: December 19, 2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED KVOA Communications, Inc. K47DF 409 South Staples Street Corpus Christi, Texas 78401 Re: KVOA Communications, Inc. K47DF, Corpus Christi, Texas Facility ID No. 51375 File No. BRTTA-20060403AWY Dear Licensee: This refers to your license renewal application for station K47DF, Corpus Christi, Texas. Section 73.3526 of the Commission's Rules (Rules), 47 C.F.R. � 73.3526, requires a commercial broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. Pursuant to subsection 73.3526(e)(11)(ii), each commercial television broadcast station is required to place in its public inspection file, on a quarterly basis, records sufficient to allow substantiation of the licensee's certification,
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  • December 24, 2008 By the Deputy Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``MO&O''), we deny the petition for reconsideration filed by Rama Communications, Inc. (``Rama'') of the Forfeiture Order issued October 17, 2008. The Forfeiture Order imposed a monetary forfeiture in the amount of $16,000 for Rama's willful and repeated violations of Section 11.35(a) and 73.3526 of the Commission's Rules. The noted violations involved Rama's failure to maintain an operational Emergency Alert System (``EAS'') and failure to maintain and make available a complete public inspection file. II. BACKGROUND On May 9, 2008, in response to a complaint, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office''), accompanied by the station's general manager, conducted
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  • Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules, by failing to retain required documentation in the KQBE(FM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned KQBE(FM) renewal application. II. BACKGROUND 2. Section 73.3526 of
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  • Mr. Southern: The Chief, Audio Division, has before him the November 7, 2003 letter filed on behalf of Southern Communications Corp. (``SCC''), licensee of Station WIWS(AM), Beckley, West Virginia. The letter requests reduction or cancellation of an October 8, 2003 Notice of Apparent Liability for a Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) for violations of Section 73.3526 of the Commission's Rules (the "Rules") regarding SCC's failure to maintain station WIWS(AM)'s public inspection file. By this action, we cancel the NAL and admonish SCC for violating Section 73.3526 of the Rules. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527,
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  • people within the station's service area). See Broadcast Localism, Notice of Inquiry, 19 FCC Rcd 12425, 12440 (2004) (Commission has not attempted to define the programming that a broadcaster should air to serve the needs and interests of its local community.) Oregon Alliance to Reform Media Informal Objection at second unnumbered page. Opposition at 4. Id. See 47 C.F.R. � 73.3526. See 47 C.F.R. � 73.3526(e)(9)(i). Federal Communications Commission Washington, D.C. 20554 February 15, 2008 DA 08-387 In Reply Refer To: 1800B3-BSH Released: February 15, 2008 � " - ! # R S Z [ _ w x � � � h� "� � � � h�W h� � � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k���
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  • 2d 968, 977 (1981), on recon., 87 FCC 2d 797 (1981), remanded on other grounds sub nom., Office of Communication of the United Church of Christ v. FCC, 707 F.2d 1413 (D.C. Cir. 1983). See U.S. CONST. amend. I. See 47 U.S.C. � 326. Local 99 Informal Objection at 2. Opposition at 4. Id. at 5. See 47 C.F.R. � 73.3526. Federal Communications Commission Washington, D.C. 20554 February 15, 2008 DA 08-388 In Reply Refer To: 1800B3-BSH Released: February 15, 2008 � � h) 0 F N O P W X \ t u � � � � � � h) gd) h� � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ
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  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Morris Network of Mississippi, Inc. (the ``Licensee''), licensee of Station WXXV-TV, Gulfport, Mississippi (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(11)(i)-(iii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning its compliance with the children's programming commercial limits, and Children's Television Programming Reports. 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
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  • sources. In light of the foregoing, we conclude that Cumulus failed to list the total number of interviewees and the number of interviewees referred by each of its recruitment sources for all of its nine full-time vacancies, in violation of Section 73.2080(c)(6)(iv). This EEO information is required to be placed in each unit station's public inspection file pursuant to Section 73.3526(e)(7). In addition, Cumulus failed to maintain and file all of the EEO documentation and records required by Section 73.2080(c)(5). Because of its lack of records of interviewees and referrals for nine of its 16 hires, we find that it was not possible for Cumulus to have adequately analyzed its recruitment program to ensure that it was effective in achieving broad
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  • station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee's overall programming and programming ``specifically designed'' to educate and inform children (core programming). The Commission's rules require commercial licensees to provide information to the public about the shows they air to fulfill their obligation. Section 73.3526(e)(11)(iii) of the Commission's Rules (the ``Rules''), 47 C.F.R. � 73.3526(e)(11)(iii), requires each commercial television broadcast station to prepare and place in its public inspection file a Children's Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts it has made during the quarter to serve the educational needs of children. As set forth in Section
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Beartooth Communications Company (the ``Licensee''), licensee of Station KBBJ(TV), Havre, Montana (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Beartooth Communications Company (the ``Licensee''), licensee of Station KBAO(TV), Lewistown, Montana (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Beartooth Communications Company (the ``Licensee''), licensee of Station KTVH(TV), Helena, Montana (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to publicize the existence and location of its Children's Television Programming Reports. 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 ten thousand dollars ($10,000). II. BACKGROUND Under the Commission's rules implementing the Children's Television Act of
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  • only have been missing ``if an Entercom Portland employee or a member of the public reviewing the file removed the list and failed to return it to the proper place in the file.'' Entercom Portland states that the third-quarter 2005 issues-programs list for KYCH-FM was reprinted from backup electronic files and was promptly replaced in the station's public file. Section 73.3526 of the Rules requires a commercial broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. This requirement serves to provide the public with timely, pertinent, information throughout the license period. In this regard, where lapses occur in maintaining the public file, neither the negligent acts or omissions of station employees or agents,
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KVOA Communications, Inc. (the ``Licensee''), licensee of Station KRIS-TV, Corpus Christi, Texas (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists. 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 four thousand dollars ($4,000). II. BACKGROUND Section 73.3526 of the Rules requires a commercial broadcast
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KCTZ Communications, Inc. (the ``Licensee''), licensee of Station KBZK(TV), Bozeman, Montana (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists. 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 ten thousand dollars ($10,000). II. BACKGROUND Section 73.3526 of the Rules requires a commercial broadcast
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-553 Released: March 12, 2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED WNAC, LLC WNAC-TV 34 Main Street Wenham, MA 01984 WNAC, LLC WNAC-TV, Providence, RI Facility ID No. 73311 File No. BRCT-20061130AML Dear Licensee: This refers to your license renewal application for station WNAC-TV, Providence, RI. Section 73.3526 of the Commission's Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. As set forth in Section 73.3526(e)(11)(i) of the Rules, a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter by the tenth day of the succeeding calendar
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Nashville License Holdings, L.L.C. (the ``Licensee''), licensee of Station WNAB(TV), Nashville, Tennessee (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i) and 73.3526(e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists and records concerning its compliance with the children's programming commercial limits. 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 fourteen thousand
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  • ORDER Adopted: March 20, 2008 Released: March 21, 2008 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000), to Dick Broadcasting Company, Inc., of Tennessee (``DBC''), licensee of Station WKRR(FM), Winston-Salem, North Carolina, (the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (the ``Rules''). The violations involve DBC's failure to properly maintain the Station's public inspection file. On June 25, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to DBC for this violation. DBC filed a Request for Reduction of Proposed Forfeiture (``Request'') on July 26,
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  • ``that should be solved by negotiation between the parties or in the courts.'' Metromedia, Inc., Memorandum Opinion and Order, 3 FCC Rcd 595 (1988). See also, John F. Runner, Receiver (KBIF), Memorandum Opinion and Order, 36 RR 2d 773, 778 (1976); Decatur Telecasting, Inc., Memorandum Opinion and Order, 7 FCC Rcd 8622 (1992). Petition at 1. See 47 C.F.R. � 73.3526. Cowan states that ``the public file itself was denied access repeatedly'' (sic). Stackhouse has filed a declaration under penalty of perjury stating that ``I never denied him [Cowan] access to the Public Inspection Files.'' Petition at 1. 47 U.S.C. � 309(e). See, e.g., WWOR-TV, Inc., Memorandum Opinion and Order, 6 FCC Rcd 193, 197 n.10 (1990), aff'd sub nom. Garden
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  • a Petition for Reconsideration (``Petition'') filed on October 10, 2007, by Broadcast Entertainment Corporation (``BEC''), former licensee former licensee of stations KICA(AM) and KKYC(FM) serving Clovis, New Mexico, of a Forfeiture Order issued by the Western Region (``Region'') of the Enforcement Bureau, imposing an eight thousand dollar ($8,000) monetary forfeiture penalty against BEC for willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules''). The noted violation involves BEC's failure to maintain a complete public inspection file at each station. For the reasons discussed below, we cancel the forfeiture. We also admonish BEC for its willful and repeated violation of Section 73.3526 of the Rules. II. BACKGROUND On January 10, 2007, an agent from the Enforcement Bureau's Denver Office
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  • 08-745 Released: March 27, 2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Young Broadcasting of Rapid City, Inc. KCLO-TV 501 S. Phillips Avenue Sioux Falls, SD 57104 Re: Young Broadcasting of Rapid City, Inc. KCLO-TV, Rapid City, SD Facility ID No. 41969 File No. BRCT-20051201BWR Dear Licensee: This refers to your license renewal application for station KCLO-TV, Rapid City, SD. Section 73.3526 of the Commission's Rules (the ``Rules'') requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. Pursuant to Subsection 73.3526(e)(6), licensees are required to maintain in the public inspection file political records required by Section 73.1943 of the Rules. Section 73.1943 requires that every licensee maintain and permit public inspection of a
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  • 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau and Bilbat Radio, Inc. (the ``Licensee''), licensee of commercial Station WKPQ(FM), Hornell, New York (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned renewal application for the license for the Station as to whether the Licensee violated Section 73.3526 of the Commission's Rules (the ``Rules''), which governs the maintenance of a commercial station's public file. 2. The Consent Decree provides, among other things, that the Licensee and, if applicable, its successors and assigns, will institute and maintain, for three years, a Compliance Plan for the Station and make a $10,000 voluntary contribution to the United States Treasury. A copy
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  • the Bureau releases the Order; (f) ``Execution Date'' means the date on which this Consent Decree is executed by the last of the Parties to do so; (g) ``Licensee'' refers to Bilbat Radio, Inc.; (h) ``Order'' means the order of the Bureau adopting this Consent Decree; (i) ``Parties'' means the Bureau and the Licensee; (j) ``Public File Rule'' means Section 73.3526 of the Commission's rules, 47 C.F.R. � 73.3526; (k) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (l) ``Station'' means Station WKPQ(FM), Hornell, New York (Facility ID No. 5309; and (m) ``Violations'' means the violations of the Public File Rule. II. Background 3. On June 2, 2006, the Licensee filed the license renewal
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  • 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau and Bilbat Radio, Inc. (the ``Licensee''), licensee of commercial Station WHHO(AM), Hornell, New York (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned renewal application for the license for the Station as to whether the Licensee violated Section 73.3526 of the Commission's Rules (the ``Rules''), which governs the maintenance of a commercial station's public file. 2. The Consent Decree provides, among other things, that the Licensee and, if applicable, its successors and assigns, will institute and maintain, for three years, a Compliance Plan for the Station and make a $10,000 voluntary contribution to the United States Treasury in the
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  • the Bureau releases the Order; (f) ``Execution Date'' means the date on which this Consent Decree is executed by the last of the Parties to do so; (g) ``Licensee'' refers to Bilbat Radio, Inc.; (h) ``Order'' means the order of the Bureau adopting this Consent Decree; (i) ``Parties'' means the Bureau and the Licensee; (j) ``Public File Rule'' means Section 73.3526 of the Commission's rules, 47 C.F.R. � 73.3526; (k) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (l) ``Station'' means Station WHHO(AM), Hornell, New York (Facility ID No. 5308); and (m) ``Violations'' means the violations of the Public File Rule. II. Background 3. On June 2, 2006, the Licensee filed the license renewal
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  • 73 FR 15431 (March 24, 2008). See OMB Control Number 3060-1115. . The requirements for multichannel video programming distributors (MVPDs) and eligible telecommunications carriers (ETCs) take effect 30 days after the effective date, which will be April 30, 2008. See 47 CFR �� 76.1630 and 54.418. Full power television broadcasters are required to file quarterly reports. See 47 C.F.R. �� 73.3526(e)(11)(iv) and 73.3527(e)(13). Form 388 must contain information on all consumer education efforts undertaken by the broadcaster in the first quarter, including voluntary efforts. Order at para 8. The Order also requires DTV.gov Transition Partners to file quarterly reports. See Order at para 50. 700 MHz auction winners must also file quarterly reports, but need not do so until the quarter
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  • Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that CBS Broadcasting Inc. (the ``Licensee''), licensee of Station KYW-TV, Philadelphia, Pennsylvania (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(i)-(iii) of the Rules, by failing to place in the Station's public inspection file all required TV issues/programs lists, records concerning its compliance with the children's programming commercial limits, and Children's Television Programming Reports. 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
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  • engaged counsel to help resolve these matters and had taken steps to ensure that its ``oversights'' did not recur. Additionally, Section 73.3615 requires broadcast licensees to file a Biennial Ownership Report when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Section 73.3526 of the Rules requires a commercial broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. The purpose of this requirement is to provide the public with timely information at regular intervals throughout the license period. Among the materials required for inclusion in the file is the station's most recent biennial ownership report
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  • By the Associate Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA in Vega Baja, Puerto Rico. The Consent Decree terminates an investigation by the Bureau against A Radio for possible violations of Sections 73.49, 73.1350(a), and 73.3526 of the Commission's Rules (``Rules'') regarding antenna tower fencing and public inspection file requirements and operating with an unauthorized antenna pattern. The Bureau and A Radio have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and
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  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Media General Communications, Inc. (the ``Licensee''), licensee of Station WTVQ-TV, Lexington, Kentucky (the ``Station''), apparently willfully and repeatedly violated Sections 73.3526(e)(5), (e)(11)(i) and 73.670 of the Rules, by failing to place in the Station's public inspection file its most recent Biennial Ownership Report, and all required TV issues/programs lists, and by failing to comply with the limits on commercial matter in children's programming. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently
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  • to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that KHQ, Incorporated (the ``Licensee''), licensee of Station KHQ-TV, Spokane, Washington (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(ii) of the Rules, by failing to place in the Station's public inspection file all required records concerning its compliance with the children's programming commercial limits. 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 ten thousand dollars ($10,000) II. BACKGROUND Section 73.3526
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  • at (202) 418-2388. By the Chief, Media Bureau -FCC- See Broadcast Localism, MB Docket No. 04-233, Report on Broadcast Localism and Notice of Proposed Rulemaking, FCC 07-218, � 18 (rel. Jan. 24, 2008) (the ``Localism Report''). . Copies can also be obtained by calling the FCC toll-free at 1-(888)-225-5322 (1-(888)-CALL FCC) (Voice) or 1-(888)-835-5322 (1-(888)-TELL FCC) (TTY). 47 C.F.R. �� 73.3526(e)(8) (commercial stations) and 73.3527(e)(7) (noncommercial educational stations). Review of the Commission's Rules Regarding the Main Studio and Local Public Inspection Files of Broadcast Television and Radio Stations, Report and Order, 13 FCC Rcd 15691, 15702, � 24 (1998). Localism Report at � 143. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 /
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  • The Chief, Audio Division, has before him the October 25, 2006, letter, filed on behalf of Valley Air, LLC (``Valley Air''), former licensee of Station KCSY(FM) (formerly KVLR(FM)), Twisp, Washington (``Station''). The Request seeks cancellation of the September 27, 2006, Notice of Apparent Liability for a Forfeiture (``NAL'') in the amount of four thousand dollars ($4,000) for violations of Section 73.3526 of the Commission's Rules (the "Rules") regarding Valley Air's failure to maintain the Station's public inspection file. By this action, we cancel the NAL and admonish Valley Air for violating Section 73.3526 of the Rules. Background. On September 26, 2005, Valley Air filed the above-referenced application to renew the license of the Station (``Application''). Section III, Item 3, of the
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  • dollars ($10,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on August 28, 2006. On November 30, 2005, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, attaching an exhibit explaining that issues/programs lists prior to July 2001 were missing from the Station's public files. On July 27, 2006, the staff advised Licensee of its apparent liability for a forfeiture of
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  • licensee, excuse or nullify a licensee's rule violation) (citing Gaffney Broadcasting, Inc., Memorandum Opinion and Order, 23 FCC 2d 912, 913 (1970) and Eleven Ten Broadcasting Corp., Notice of Apparent Liability, 33 FCC 706 (1962)). See Request p. 2, Licensee notes its affiliation with GFR, Inc. The staff issued a $1500 NAL to GFR, Inc. for its violation of Section 73.3526 of the Rules. Letter to Mr. Edgar Cearley from Peter H. Doyle, Chief, Audio Division, Media Bureau, ref. 1800B3 (MB March 24, 2005). We are this same date issuing a Forfeiture Order affirming the forfeiture amount for the violation at WTOT-FM. Paulino Bernal Evangelism, Memorandum Opinion and Order, 21 FCC Rcd 9532 (EB 2006) (In determining whether a licensee has
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  • licensee, excuse or nullify a licensee's rule violation) (citing Gaffney Broadcasting, Inc., Memorandum Opinion and Order, 23 FCC 2d 912, 913 (1970) and Eleven Ten Broadcasting Corp., Notice of Apparent Liability, 33 FCC 706 (1962)). See Request at 2, Licensee notes its affiliation with MFR, Inc. The staff issued a $12,000 NAL to MFR, Inc., for its violation of Section 73.3526 of the Rules. Letter to Kathleen A. Kirby, Esq. from Peter H. Doyle, Chief, Audio Division, Media Bureau, ref. 1800B3 (MB March 24, 2005). We are this same date issuing a Forfeiture Order affirming the forfeiture amount for the violations at WJAQ(FM) and WTOT(AM). Paulino Bernal Evangelism, Memorandum Opinion and Order, 21 FCC Rcd 9532 (EB 2006) (In determining whether
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  • dollars ($10,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on August 28, 2006. On November 30, 2005, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, attaching an exhibit explaining that fourteen issues/programs lists were missing from the Station's public inspection file. Specifically, Licensee reported the following quarterly lists as missing: in 1998, the first through the third quarters; in
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  • FORFEITURE ORDER Adopted: June 18, 2009 Released: June 19, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Urban Radio, III, L.L.C. (``Urban Radio''), licensee of Station KVTO(AM), Berkeley, California ( the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On June 8, 2006, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL''), in the amount of ten thousand dollars ($10,000) to Urban Radio for the violation. In response to the NAL, Urban Radio filed a ``Statement'' on July 10, 2006,
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  • dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on July 21, 2005. On February 1, 2005, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, attaching an exhibit explaining that from the last quarter of 2001 through the third quarter of 2004, no quarterly issues and programs lists were placed in the Station's public inspection file. On June 22,
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  • the Media Bureau, Video Division, at (202) 418-1658. By the Acting Chief, Media Bureau. --FCC-- Implementation of the DTV Delay Act, MB Docket No. 09-17, Third Report and Order and Order on Reconsideration, 24 FCC Rcd 3399 (2008) (``Order''). DTV Consumer Education Initiative, MB Docket No. 07-148, Report and Order, 23 FCC Rcd 4134, (2008); see also 47 CFR �� 73.3526(e)(11)(iv) and 73.3527(e)(13). The updated form is available online at http://www.fcc.gov/Forms/Form388/388.pdf. The Commission obtained OMB approval on June 18, 2009 for the changes to FCC Form 388. See OMB Control Nos. 3060-1115. For additional information concerning this information collection, contact the FCC's Office of Managing Director (OMD), Performance Evaluation & Records Management (PERM): Cathy Williams, Cathy.Williams@fcc.gov, at 202-418-2918. Order at �
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  • File No. BR-20040520AIW FORFEITURE ORDER Adopted: January 22, 2009 Released: January 23, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000), to World Overcomers Outreach Ministries (``Licensee''), licensee of Station WLRM(AM), Millington, Tennessee (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On December 22, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 12, 2005. On
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  • that referred the hiree for each full-time vacancy; (d) the total number of interviewees for each full-time vacancy for the preceding reporting year and the referral source for each interviewee; and (e) the unit's Internet links demonstrating the posting of its EEO public file report on each Station's website, if any. 17. IT IS FURTHER ORDERED that, pursuant to Section 73.3526(e)(10) of the Commission's Rules, Cox Radio, Inc. shall place a copy of this NAL in the public inspection files of Stations WFLC(FM), WHQT(FM), WEDR(FM), and WHDR(FM). 18. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Cox Radio, Inc., 2741 North 29th Avenue, Hollywood, Florida 33020, and
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  • recruitment source that referred the hiree for each full-time vacancy; (d) the total number of interviewees for each full-time vacancy for the preceding reporting year and the referral source for each interviewee; and (e) the unit's Internet links demonstrating the posting of its EEO public file report on each Station's website. 17. IT IS FURTHER ORDERED that, pursuant to Section 73.3526(e)(10) of the Commission's Rules, Entravision Holdings, LLC shall place a copy of this NAL in the public inspection files of Stations KFRQ(FM), Harlingen, Texas; KNVO-FM, Port Isabel, Texas; KVLY(FM), Edinburg, Texas; and KKPS(FM), Brownsville, Texas. 18. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Entravision Holdings,
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  • full-time vacancy; (d) the total number of interviewees for each full-time vacancy for the preceding reporting year and the referral source for each interviewee; and (e) a list of each recruitment source that requests that it be notified of openings and dated copies of those notifications sent to the requesting source(s). 15. IT IS FURTHER ORDERED that, pursuant to Section 73.3526(e)(10) of the Commission's Rules, CMP Houston-KC, LLC and CMP KC Licensing, LLC shall place copies of this NAL in the public inspection files of Stations KCMO(AM), KCMO-FM, KCFX(FM), KCJK(FM), and KMJK(FM). 16. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Richard Denning, Vice President, Cumulus Media
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  • dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on June 23, 2005. On January 20, 2004, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, attaching an exhibit explaining that from the last quarter of 1997 through the third quarter of 2001, no quarterly issues and programs lists were placed in the Station's public file. On December 22, 2004,
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  • renewal standard was amended to read as described by Section 204(a) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Sections204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC Rcd 6363 (1996). 47 U.S.C. �� 309(k)(2), 309(k)(3). 47 C.F.R. � 73.3527. Compare 47 C.F.R. � 73.3526(e)(9), which requires commercial broadcast licensees to retain all letters and electronic mail messages from the public for a period of three years from when they are received. 47 U.S.C. � 309(k); 47 C.F.R. �� 0.61, 0.283. (footnote continued) Federal Communications Commission Washington, D.C. 20554 January 8, 2009 T U �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k���
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  • 80 FORFEITURE ORDER Adopted: July 24, 2009 Released: July 28, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to James J. Chladek (``Chladek''), licensee of AM radio station WXMC in Parsippany-Troy Hill, New Jersey, for willfully and repeatedly violating Section 73.3526(e)(12) of the Commission's Rules (``Rules) by failing to maintain radio issues/programs lists in the public inspection file. BACKGROUND On his most recent license renewal application (File No. BRED-20060201AQA) for station WXMC, granted May 26, 2006, Chladek certified that the station's quarterly issues/programs lists had not been timely placed in the public inspection file, and that the licensee had taken corrective
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  • your Unit's full-time employees (listed by job title and number of hours regularly assigned to work per week) and the same type of list for the full-time employees you employ at the brokered station(s), and a response to Question 3(e) above ) and will be granted only upon a showing of extraordinary circumstances. 6. In accordance with 47 C.F.R. � 73.3526(e)(10) (for commercial stations ) and 47 C.F.R. � 73.3527(e)(11) (for noncommercial educational stations), copies of which are also enclosed, you must place a copy of this letter and your response in the public inspection file of each affected station. Consequently, your response should not include personal information about individuals, such as social security numbers, home addresses, or other personally identifiable
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  • No. BRH-20040802BHA FORFEITURE ORDER Adopted: February 4, 2009 Released: February 5, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000), to Saga Communications of Illinois, LLC (``Saga''), licensee of Station WIXY(FM), Champaign, Illinois (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On August 2, 2004, Saga filed the captioned application to renew the license of the Station (``Application''). Section III, Item 3, of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 of
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  • No. BRH-20040802BCX FORFEITURE ORDER Adopted: February 4, 2009 Released: February 5, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000), to Saga Communications of Illinois, LLC (``Saga''), licensee of Station WYMG(FM), Jacksonville, Illinois (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On August 2, 2004, Saga filed the captioned application to renew the license of the Station (``Application''). Section III, Item 3, of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 of
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  • Section 73.3539 of the Rules and willful and repeated violation of Section 301 of the Act. Conclusion. In view of the foregoing, the Notice of Apparent Liability (NAL/Acct. No. MB200741410123) for violation of Sections 73.3539 of the Rules and 301 of the Act is HEREBY CANCELLED. Jack W. Ivy, Sr., is instead hereby ADMONISHED for his willful violation of Section 73.3526 of the Rules and willful and repeated violation of Section 301 of the Act. Sincerely, Peter H. Doyle, Chief Audio Division Media Bureau cc: Jack W. Ivy, Sr. Jack W. Ivy, Sr., Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 2312 (MB 2007). . Jack W. Ivy, Sr., 22 FCC Rcd at 2312. 47
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  • 503(b)(2)(E). (stating that the Commission will generally reduce the assessed forfeiture amount ``based on the good faith corrective efforts of a violator when those actions were taken prior to Commission notification of the violation''). See e.g., Cayuga County Community College, Forfeiture Order, 2009 WL 1856467 (EB 2009). 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 09-1989 Federal Communications Commission DA 09-1989 < D I � " L �E ��
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  • ORDER Adopted: September 1, 2009 Released: September 3, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to Pentecostal Temple Development Corporation (``PTDC''), licensee of AM station WGBN, in New Kensington, Pennsylvania, for willfully and repeatedly violating Sections 73.1745(a), 1.903(a), and 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to operate its broadcast station in a manner which complies with the terms of the station authorization, operating a Studio Transmitter Link on an unauthorized frequency, and failing to maintain radio issues/programs lists in the station's public inspection file. BACKGROUND The license for WGBN specifies that PTDC must operate the station with a
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  • September 1, 2009 Released: September 3, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand four hundred dollars ($18,400) to Real Life Broadcasting (``Real Life''), licensee of station WIFI, in Florence, New Jersey, for willfully and repeatedly violating Sections 73.1745(a), 11.35, 73.49, and 73.3526(e)(12) of the Commission's Rules (``Rules'') by operating station WIFI with excessive power, failing to maintain an operational EAS system, failing to maintain an effective enclosure at the base of the WIFI tower, and failing to maintain issues/program lists in the public inspection file. In this Order, we consider Real Life's request for cancellation or reduction of the forfeiture amount based
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  • ground level. 47 C.F.R. � 17.7(a). Millworks' Tower required notification to the FAA because the structure exceeded 200 feet in height. Millworks incorrectly referred to the NAL as a Notice of Violation. No Notice of Violation was issued to Millworks by the New Orleans Office. 47 U.S.C. � 405. 47 C.F.R. � 1.106. 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.3526. 47 U.S.C. � 504(a). Federal Communications Commission DA 09-2101 Federal Communications Commission DA 09-2101 � 0 7 � 2K�
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  • Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules, by failing to retain required documentation in the WSFW(AM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WSFW(AM) renewal application. II. BACKGROUND 2. Section 73.3526 of
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  • Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules, by failing to retain required documentation in the WAUB(AM) public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WAUB(AM) renewal application. II. BACKGROUND 2. Section 73.3526 of
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  • Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules, by failing to retain required documentation in the WNYR-FM public inspection file. 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 ten thousand dollars ($10,000), and we grant the captioned WNYR-FM renewal application. II. BACKGROUND 2. Section 73.3526 of
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  • radio direction-finding equipment. Agents are specially trained on how to confirm accurate radio bearings on signal sources in congested areas. In this case, the accuracy of the results is further supported by the fact that the same signal source was identified multiple times. � � Ȅ�� � 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 09-2239 Federal Communications Commission DA 09-2239 " 0
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  • Arkansas, for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for KLRC(FM). background On January 28, 2004, JBU filed an application to renew the license of KLRC(FM). Section III, Item 3, of the license renewal application form, FCC Form 303-S, inquires whether the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. JBU responded ``No'' to that inquiry. On June 4, 2004, JBU filed an amendment stating ``the complete issues/program lists for station KLRC were not placed in the public file from January 10, 1999, (the first quarter in the new license
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  • willful violation of Section 73.3539 of the Rules and willful and repeated violation of Section 301 of the Act. Conclusion. In view of the foregoing, the Notice of Apparent Liability (NAL/Acct. No. MB200741410132) for violation of Sections 73.3539 of the Rules and 301 of the Act is hereby CANCELLED. Licensee is instead hereby ADMONISHED for his willful violation of Section 73.3526 of the Rules and willful and repeated violation of Section 301 of the Act. Sincerely, Peter H. Doyle, Chief Audio Division Media Bureau Richard P. Marburger, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 2374 (MB 2007). . Letter to Wayne Kowalski, Ref. 1800B3-JDB (Chief, Audio Division, Media Bureau, Jun. 13, 2006) (the ``License
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  • 0003252848 FORFEITURE ORDER Adopted: January 12, 2009 Released: January 14, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION AND BACKGROUND In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Hensley Broadcasting, Inc. (``Hensley''), licensee of AM radio station WWII, Shiremanstown, Pennsylvania, for willfully and repeatedly violating Section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain issues/programs lists in the station's public inspection file. On January 22, 2008, the Philadelphia Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Hensley for failing to maintain an issues/programs list in the station's public inspection file for any quarter during 2006. In this
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  • No. BR-20030801BNB FORFEITURE ORDER Adopted: February 13, 2009 Released: February 17, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Citadel Broadcasting Company (``Citadel''), licensee of Station WXTC(AM), Charleston, South Carolina (the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (the ``Rules''). The violations involve Citadel's failure to properly maintain the Station's public inspection file. BACKGROUND 2. On June 25, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Citadel in the amount of nine thousand dollars ($9,000) for the violations. Citadel filed a response to the NAL on August 4, 2004,
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  • Released: December 2, 2009 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to Boone Biblical Ministries, Inc. (the "Licensee"), licensee of Station KFFF(AM), Boone, Iowa, formerly, KFGQ(AM) and Station KFFF-FM, Boone, Iowa (collectively, the "Stations") for willfully and repeatedly violating Sections 73.3526 and 73.3527 of the Rules by failing to retain required documentation in the KFFF(AM) and KFFF-FM public inspection files. On February 12, 2007, the Bureau issued a Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twenty thousand dollars ($20,000) to Licensee for these violations. Licensee filed a ``Statement Seeking Reduction of Proposed
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  • dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 18, 2006. On August 22, 2005, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, attaching an exhibit explaining that ``[f]rom 2001 to the present ... no quarterly issues were placed in the file.'' It stated that it would recreate these lists, place them in Station's public file, and
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  • any observed or known extinguishment or malfunction of tower lights). Schademann Objection at 2; see 47 C.F.R. � 73.3580(d) (describing requirements to broadcast pre-filing and post-filing announcements of a broadcast station's license renewal application). The Schademann Objection claims that the Station failed to maintain a file of listener complaints. Schademann Objection at 2. However, 47 C.F.R. � 73.3527 (unlike � 73.3526, the public inspection file rule applicable to commercial radio stations) does not require NCE stations to maintain a file of listener complaints. The Schademann Objection also cites certain practices that it categorizes as ``playola/plugola'', but it fails to provide any specific information, claiming that ``calls-to-action and self-promotion by various programmers and their guests . . . are too numerous to
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  • provided the documents within a reasonable time and we will, therefore, grant the request. Discussion Radio, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 19 FCC Rcd. 7433 (2004) (``Order''). See 47 C.F.R. � 73.3539. (``Application for Renewal of License''). See 47 C.F.R. � 73.1020 (``Station License Period''). See also 47 U.S.C. � 301. See 47 C.F.R. � 73.3526 (``Local public inspection file of commercial stations''). Second Supplement, Affidavit of Albert E. Grady at 7. Mr. Grady is president of DRI. Id. at 4. In addition to the tax returns, DRI has submitted affidavits from its president and operations manager. These affidavits claim, inter alia, that the station's losses are greater than reflected in the tax returns, that WDIS
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  • (the ``Rules'') and misrepresented that Kalish was engaged in settlement negotiations with Living Proof and the University. These matters, in combination, Kalish claims, show that Living Proof lacks ``forthrightness and candor'' and has made a ``possible material misrepresentation.'' Therefore, Kalish argues that the Application should be dismissed with prejudice. Finally, in his Reply, Kalish alleges that Living Proof violated Section 73.3526(e)(2) of the Rules by not placing, in the Living Proof local public inspection file, a statement that the University and Kalish had filed Petitions to Deny, and a list of the names and addresses of the Petitioners. Living Proof claims that its defective local public notice was attributable to a ``scrivener's error'' and that it subsequently published a correct notice.
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  • No. BR-20040802BDD FORFEITURE ORDER Adopted: February 25, 2009 Released: February 26, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000), to Saga Communications of Illinois, LLC (``Licensee''), licensee of Station WTAX(AM), Springfield, Illinois (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On June 23, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) to Licensee for the violations. On July 25, 2005, Licensee filed a "Response to Notice of Apparent Liability" (the ``Response'').
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  • dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on September 14, 2005. On January 21, 2005, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, attaching an exhibit explaining that from the third quarter of 2001 through the fourth quarter of 2004, no quarterly issues/programs lists were placed in the Station's public file. On December 22, 2004, the staff
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  • BR-20041123ABF FORFEITURE ORDER Adopted: March 4, 2009 Released: March 5, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000), to Chesterman Communications of Jamestown, Inc. (``Licensee''), licensee of Station KSJB(AM), Jamestown, North Dakota (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On May 24, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on June 8, 2005. On
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  • BR-20041123ABE FORFEITURE ORDER Adopted: March 4, 2009 Released: March 5, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000), to Chesterman Communications of Jamestown, Inc. (``Licensee''), licensee of Station KSJZ(FM), Jamestown, North Dakota (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On May 24, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on June 13, 2005. On
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  • BR-20040128ADF FORFEITURE ORDER Adopted: March 10, 2009 Released: March 11, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand two hundred dollars ($7,200) to KUOA, Incorporated (``KUOA''), licensee of Station KUOA(AM), Siloam Springs, Arkansas (the ``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (the ``Rules''). The violations involve KUOA's failure to properly maintain the Station's public inspection file. BACKGROUND 2. On June 21, 2004, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') to KUOA in the amount of nine thousand dollars ($9,000) for the violations. KUOA timely filed a response to the NAL on July 28,
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  • No. BR-20050801DRH FORFEITURE ORDER Adopted: March 16, 2009 Released: March 17, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000), to New Inspiration Broadcasting Company, Inc. (``Licensee''), licensee of Station KXMX(AM), Anaheim, California (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On December 20, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 19, 2006. On
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  • dollars ($3,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on October 11, 2005. On December 8, 2003, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, attaching an exhibit explaining that it had misplaced the quarterly issues and programs lists for the first quarter of 1996, all four quarters of 1998, and the first and third quarters of 1999. It
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  • or imprisonment (see 18 U.S.C. � 1001; see also 47 C.F.R. � 1.17), revocation of any station license or construction permit (47 U.S.C. � 312(a)(1)), and/or forfeiture (47 U.S.C. � 503). Failure to respond to this audit letter by the deadline is also punishable by sanctions in accordance with 47 C.F.R. � 73.2080(g). 6. In accordance with 47 C.F.R. � 73.3526(e)(10) (for commercial stations ) and 47 C.F.R. � 73.3527(e)(11) (for noncommercial educational stations), copies of which are also enclosed, you are required to place a copy of this letter and your response in the public inspection file of each affected station. Consequently, your response should not include personal information about individuals, such as social security numbers, home addresses, or other
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  • Sections 1, 4, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154, 303, and Sections 1.3 and 54.418 of the Commission's Rules, 47 C.F.R. �� 1.3 and 54.418, a limited waiver of Section 54.418 IS GRANTED to Hawaiian Telcom, Inc. IT IS FURTHER ORDERED that the limited waiver requests of Sections 73.674, 73.671, and 73.3526(e)(11)(iv) of the Commission's Rules, 47 C.F.R. �� 73.674, 73.671, and 73.3526(e)(11)(iv) filed by the licensees of KHNL-TV/DT, KFVE-TV/DT, KOGG-TV/DT, KITV(TV), KHVO(TV), KMAU(TV), KIKU, KHON-TV, KHAW-TV and KAII-TV ARE DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau DTV Consumer Education Initiative, MB Docket No. 07-148, Report and Order, 23 FCC Rcd 4134, (Mar. 3, 2008) (``DTV Consumer
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  • Notice of Apparent Liability, 33 FCC 706 (1962)). See New Inspiration Broadcasting Co., Inc., Forfeiture Order, DA 09-609 (MB Mar. 17, 2009) (rejecting licensee's assertion that its disclosure of its public file violations was voluntary, noting that since 2007, the Commission has declined to reduce forfeiture amounts based on a licensee's voluntary disclosure because, although licensees may admit to Section 73.3526 Rule violations, they only do so in the context of a question contained in the license renewal applications compelling such disclosure). See, e.g., Mr. Bruce Tria, Letter, 23 FCC Rcd 7380 (MB 2008) (noting that staff had notified licensee of license expiration). Request at 3. See A-O Broadcasting Corp., Memorandum Opinion and Order, 20 FCC Rcd 756, 759 (2005) (finding
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  • dollars ($9,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on March 23, 2006. On March 23, 2004, Licensee filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification, attaching an exhibit explaining that ``for a period of time during the previous license term, station WEAX did not properly maintain the public inspection file.'' It noted that quarterly issues programs lists from January
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  • Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``MO&O''), we grant in part and deny in part the petition for reconsideration filed by Rama Communications, Inc. (``Rama'') of the Forfeiture Order issued December 9, 2008. The Forfeiture Order imposed a monetary forfeiture in the amount of $25,000 for Rama's willful and repeated violations of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involved Rama's failure to clean or repaint its antenna structures as often as necessary to maintain good visibility, failure to enclose the antenna tower within an effective locked fence or enclosure, operation at times with power other than those specified in its the license, and failure to maintain and make available a
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  • the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Licensee for failing to properly maintain the Station's public inspection file. As noted in the NAL, Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. TSU indicated "No" to that certification, filing an Exhibit and an amendment explaining that since KKTR(FM) began operation in August 2002, eight quarterly issues/programs lists of KBIA(FM), a station whose programming KKTR(FM) rebroadcasts, were mistakenly not placed in KKTR(FM)'s public inspection file. TSU
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  • and Order, 12 FCC Rcd 17087 (1997), reconsideration denied, 15 FCC Rcd 303 (1999) (``Forfeiture Policy Statement''). See 47 U.S.C. � 503(b)(2)(E). See NAL Response at 10 (asserting that Gaston College has an unblemished history of compliance with the FCC's rules). See 47 C.F.R. � 73.3527. We note that comparable requirements also apply to commercial stations. See 47 C.F.R. � 73.3526. 47 C.F.R. � 73.3527(b) & (c). See 47 C.F.R. � 73.3527(e). The Public and Broadcasting, 1999 WL 391297 (1999) at 12. In the Matter of Liability of KLDT-TV 55, Inc., Memorandum Opinion & Order, 10 FCC Rcd 3198, 3198-99 (1995). See M & R Enterprise, Inc, Notice of Apparent Liability for Forfeiture, 17 FCC Rcd 5897 (Enf. Bur. 2002) (citing
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  • station(s), and a response to Question 3(e) above. ) and will be granted only upon a showing of extraordinary circumstances. Unless and until the EEO Staff grants such a request the original deadline remains in effect. Failure to respond to this audit letter by the deadline is punishable by sanctions in accordance with Section 73.2080(g). 6. In accordance with Sections 73.3526(e)(10) (for commercial stations ) and 73.3527(e)(11) (for noncommercial educational stations), copies of which are enclosed, you must place a copy of this letter and your response in the public inspection file of each affected station. Consequently, your response should not include personal information about individuals, such as social security numbers, home addresses, or other personally identifiable information. We do not
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  • 0002834455 File No. BR-20040802AYO FORFEITURE ORDER Adopted: September 17, 2010 Released: September 20, 2010 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000), to WPW Broadcasting, Inc. (``Licensee''), licensee of Station WLBK(AM), DeKalb, Illinois (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. BACKGROUND On March 19, 2007, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Licensee for this violation. As noted in the NAL, Section III, Item 3 of the license renewal application form,
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  • U.S. v. Frank Neely, 595 F.Supp. 2d at 670-71 (finding sufficient grounds under Section 223(b)(3) of the SBREFA upon which to conclude that Neely is precluded from obtaining any relief under Section 223(a) of the SBREFA). See Frank Neely, Forfeiture Order, 23 FCC Rcd 11922 (Media Bur., Audio Div. 2008) (finding Neely liable for $9,000 for repeated violation of Section 73.3526 of the Commission's Rules); Frank Neely, Forfeiture Order, 19 FCC Rcd 16135 (Enf. Bur. 2004) (finding Neely liable for $4,000 for repeated violation of Section 73.1745(a) of the Commission's Rules), recons. denied, 22 FCC Rcd 1434 (Enf. Bur. 2007), aff'd in part, U.S. v. Frank Neely, supra notes 29 and 35. See NAL, 23 FCC Rcd at 14924-925, � 19
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  • 12 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 22, 2010 Released: October 25, 2010 By the District Director, New York Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Multicultural Radio Broadcasting Licensee, LLC (``Multicultural''), former licensee of station WNYG in Babylon, New York, apparently willfully and repeatedly violated section 73.3526 of the Commission's Rules (``Rules'') by failing to make available WNYG's public inspection file at its main studio at any time during regular business hours and by failing to maintain radio issues/programs lists in the public inspection file. We conclude that Multicultural is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On October 27,
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  • October 25, 2010 Released: October 27, 2010 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand five hundred dollars ($3,500) to Stone/Collins Communications, Inc. (``Stone/Collins''), licensee of station WEPG(AM), in South Pittsburg, Tennessee, for willful and repeated violation of Sections 73.49 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Stone/Collins' failure to: (1) enclose the base of its AM antenna structure within an effective locked fence; and (2) maintain and make available a public inspection file at its main studio. II. BACKGROUND On August 19, 2009, agents of the Enforcement Bureau's Atlanta Office (``Atlanta Office'') accompanied by the station owner
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  • Adopted: October 25, 2010 Released: October 27, 2010 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand five hundred dollars ($5,500) to Rodgson, Inc. (``Rodgson''), licensee of station WSDQ(AM), in Dunlap, Tennessee, for willful and repeated violation of Sections 11.35, 73.49 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rodgson's failure to: (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose the base of its AM antenna structure within a locked fence; and (3) maintain and make available a public inspection file at its main studio. II. BACKGROUND On August 19, 2009, agents from the Enforcement Bureau's Atlanta Office
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  • October 25, 2010 Released: October 26, 2010 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the total amount of eight thousand dollars ($8,000) to Citadel Broadcasting Company (``Citadel''), licensee of Stations WIBR(AM), Baton Rouge, and WEMX(FM), Kentwood, Louisiana (collectively, the ``Stations''), for its willful and repeated violations of Section 73.3526 of the Commission's Rules (the ``Rules''). The violations involve Citadel's failure to properly maintain the Stations' public inspection files. BACKGROUND 2. On February 2, 2002, Citadel filed the captioned applications to renew the licenses of WIBR(AM) and WEMX(FM) (the ``Applications''). Section III, Item 3, of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the
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  • OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 27, 2010 Released: October 28, 2010 By the District Director, New York Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that 6 Johnson Road Licenses, Inc. (``6 Johnson Road''), licensee of FM Station WXPK, Briarcliff Manor, New York, apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain and make available the quarterly issues/programs lists in the local public inspection file. We conclude that 6 Johnson Road is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On September 28, 2009, an agent from the Enforcement Bureau's New York Office conducted an inspection with
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  • FRN: 0005023643 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: November 1, 2010 Released: November 3, 2010 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Rama Communications, Inc. (``Rama''), licensee of AM station WRHB, in Leesburg, Florida, apparently willfully and repeatedly violated Sections 73.1125(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain full-time managerial and staff personnel at its main studio and failing to maintain and make available a complete public inspection file. We conclude that Rama is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). BACKGROUND On September 3, 2009, in response to a complaint, agents from
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  • FORFEITURE Adopted: October 29, 2010 Released: November 1, 2010 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Beacon Broadcasting, Inc. (``Beacon''), licensee of AM station WGRP, FM station WEXC, and aural studio transmitter link (``STL'') WQGW238, in Greenville, Pennsylvania, apparently willfully and repeatedly violated Sections 73.3526(e)(12), 73.1745(a) and 1.903(a) of the Commission's Rules (``Rules'') by failing to: (1) maintain radio issues/programs lists in the station's public inspection file; (2) operate its broadcast station in a manner which complies with the terms of the station authorization; and (3) operate an STL for Station WEXC on an authorized frequency. We conclude, pursuant to Section 503(b) of the Communications
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  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: November 3, 2010 Released: November 5, 2010 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (''NAL''), we find that Mapleton License of San Luis Obispo, LLC (``Mapleton''), licensee of FM station KXDZ, in Templeton, California, apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to maintain a complete public inspection file. We conclude that Mapleton License of San Luis Obispo, LLC, is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On February 24, 2010, an agent from the Enforcement Bureau's Los Angeles Office inspected the main studio of Station KXDZ, located in San
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  • November 8, 2010 Released: November 10, 2010 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Daniel D. Smith, licensee of station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas, apparently willfully and repeatedly violated Sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules (``Rules'') by failing to: (1) maintain operational emergency alert system (``EAS'') equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file. We conclude that Mr. Smith is apparently liable
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  • Dear Mr. Monahan: We have before us the March 7, 2008, letter, filed on behalf of Peak Communications, Inc. (``Peak''), former licensee of Station KYKV(FM) (formerly KQBE(FM)), Selah, Washington (``Station''). The Request seeks cancellation or reduction of the February 6, 2008, Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) for violations of Section 73.3526 of the Commission's Rules (the "Rules") regarding Peak's failure to maintain the Station's public inspection file. By this action, we cancel the NAL and admonish Peak for violating Section 73.3526 of the Rules. Background. On October 3, 2005, Peak filed the above-referenced application to renew the license of the Station (``Application''). Section III, Item 3, of the license renewal application
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  • ongoing basis to ensure that the program is effective in achieving broad outreach to potential applicants, and to address any problems found as a result of its analysis; Section 73.2080(c)(6)(i) requires a licensee to list all full-time vacancies filled by the licensee's unit during the preceding year, identified by job title, in its annual EEO public file report; and Section 73.3526(e)(7) requires commercial licensees to include EEO-related materials in their stations' public files. 3. The Media Bureau audited the Licensee for its compliance with Section 73.2080 of the Rules at the Stations and we have before us the Licensee's responses to the audit. The responses cover reporting periods from April 21, 2006, through September 30, 2006, and October 1, 2006, through
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  • a result of its analysis; Section 73.2080(c)(5)(v) requires a licensee to retain records to document the total number of interviewees for each of its vacancies and the referral source for each interviewee; Section 73.2080(c)(6)(iv) requires a licensee to include in its public file report the number of interviewees and the number of interviewees referred by each recruitment source; and, Section 73.3526(e)(7) requires a commercial licensee to include certain EEO-related materials in its station public files, including those noted above. By letter dated April 6, 2009, the Media Bureau (the ``Bureau'') notified the Licensee that it must amend the Broadcast License Renewal Application and Form 396 that it filed on September 30, 2005, to include public file reports for the periods October
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  • By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seventeen thousand, five hundred dollars ($17,500) to Mt. Rushmore Broadcasting, Inc. ("Mt. Rushmore"), licensee of stations KRAL(AM) and KIQZ(FM) serving Rawlins, Wyoming, for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''), Section 73.3526 of the Rules, and Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. On December 10, 2008, the Enforcement Bureau's Denver Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Mt. Rushmore for failing to ensure the operational readiness of the KRAL(AM) and KIQZ(FM) Emergency Alert System ("EAS") equipment; for failing to maintain a
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  • 0002147155 FORFEITURE ORDER Adopted: February 16, 2010 Released: February 17, 2010 By the Chief, Video Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000), to Griffin OKC Licensing, L.L.C. (``Licensee''), licensee of Station KWTV(TV), Oklahoma City, Oklahoma (``Station''), for its apparent willful and repeated violation of Section 73.3526(e)(11)(iii) of the Commission's Rules (``Rules'') by failing to publicize the existence and location of its Children's Television Programming Reports. BACKGROUND On January 24, 2008, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Licensee for violation of Section 73.3526(e)(11)(iii) of the Rules. Licensee filed a Response to Notice of
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  • BRH-20030602BAR Stanleytown, Virginia ) FORFEITURE ORDER Adopted: February 16, 2010 Released: February 17, 2010 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) to WNLB Radio, Inc. ("Licensee"), licensee of Station WZBB(FM), Stanleytown, Virginia ( ``Station''), for willful and repeated violations of Section 73.3526 of the Commission's Rules ("Rules"). The violations involve Licensee's failure to maintain the Station's public inspection file properly. BACKGROUND On June 2, 2003, Licensee filed an application to renew the Station's license. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526, has been placed
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  • FORFEITURE ORDER Adopted: January 7, 2010 Released: January 11, 2010 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5000) to R-S Broadcasting Company, Inc. (``R-S Broadcasting''), licensee of FM station WCWV, in Summersville, West Virginia, for willfully and repeatedly violating Section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain radio issues/programs lists in the station's public inspection file. In this Order, we consider R-S Broadcasting's arguments that the violation occurred as a result of oversight by new management, and that the forfeiture should be reduced because of R-S Broadcasting's inability to pay. BACKGROUND On August 15, 2008, agents conducted an
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  • physical access to the room where a station keeps its public file. It maintains that the photocopy rate for documents contained in its public file are comparable to that charged by various government agencies and are not unreasonable. KGAN also states that as IBLT's own submissions demonstrate it was not denied access to the materials it requested. 27. Discussion. Section 73.3526 of the Commission's Rules, 47 C.F.R. � 73.3526, requires that every commercial broadcast applicant, permittee and licensee maintain a public inspection file containing specific types of information related to station operations. Among the materials required for inclusion in the file are the station's authorizations, applications, citizen agreements, ownership reports, political file, quarterly issues/programs lists, letters and e-mails from the public,
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  • Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC Rcd 6363 (1996). 47 U.S.C. �� 309(k)(2), 309(k)(3). See, e.g., Discussion Radio, Inc. Memorandum Opinion and Order, 19 FCC Rcd 7433, 7440-41 (2004) (``close call'' under statutory renewal standard when station violated Section 301 of the Act and Sections 73.3539 and 73.3526 [public inspection file] of the Rules, but on balance a forfeiture of $16,500 was imposed). For example, we do not find here that the Licensee's Station operation "was conducted in an exceedingly careless, inept and negligent manner and that the Licensee is either incapable of correcting or unwilling to correct the operating deficiencies." See Heart of the Black Hills Stations,
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  • PLC, 1300 North 17th Street, 11th Floor, Arlington, Virginia 22209. FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau The Consent Decree will also allow for the grant of a pending transfer of control application (File No. BTCED-20071130AXI). 47 C.F.R. � 73.3527. The voluntary contribution here is less than that deemed appropriate in previous cases involving stipulated violations of Section 73.3526 of the Rules, the parallel public inspection file rule for commercial stations. See, e.g., Ruth Pollack, Executrix for the Estate of Chester P. Coleman, Order and Consent Decree, 22 FCC Rcd 13942 (MB 2007); Sheridan Broadcasting Corporation, Order and Consent Decree, 21 FCC Rcd 12902 (MB 2006) ($10,000 voluntary contribution for each of four stations for public file violations). However,
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  • 31, 2010 By the Chief, Video Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Blue Mountain Broadcasting Association (``Blue Mountain''), licensee of Stations K21JQ-D, Walla Walla, Washington; K31KL-D, Walla Walla, Washington; and K36EW, College Place, Washington; (``Stations''), for its willful and repeated violation of Section 73.3526(e)(11)(iii) of the Commission's Rules (``Rules'') by failing to publicize for the public the existence and location of the Station's Children's Television Programming Reports and Section 73.673 of the Rules by failing to identify for publishers of program guides the age group for which its children's programming is targeted. BACKGROUND On September 29, 2006, Blue Mountain filed applications to renew the
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  • Investigations and Hearings Division, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we propose a monetary forfeiture in the amount of one thousand two hundred fifty dollars ($1,250) against Connecticut Radio Fellowship, Inc. (``CRFI'' or the ``Licensee''), licensee of Station WIHS(FM), Middletown, Connecticut (``WIHS'' or the ``Station''), for its apparent willful and repeated violation of Sections 73.3526(c)(1) and (e)(5) of the Commission's rules. As discussed below, we find that CRFI violated the public inspection file requirements by failing to maintain a copy of its articles of incorporation and by-laws or, alternatively, a list of these documents, in the Station's local public inspection file, and by failing to provide requested copies within a reasonable amount of time. BACKGROUND
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  • history of compliance with the Rules, we reduce the forfeiture amount to $6,400. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.283 and 1.80 of the Commission's Rules, that University Broadcasting, Inc., SHALL FORFEIT to the United States the sum of $6,400 for willfully and repeatedly violating Section 73.3526(e)(11)(iii) of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Forfeiture Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of
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  • April 21, 2010 By the Chief, Video Division, Media Bureau: I. INTRODUCTION In this Forfeiture Order (``Order'') we issue a monetary forfeiture in a total amount of thirty thousand dollars ($30,000), to Agape Church, Inc. (``Licensee''), licensee of Stations KVTJ(TV), Jonesboro, Arkansas, KVTN(TV), Pine Bluff, Arkansas, and KVTH(TV), Hot Springs, Arkansas (collectively, the ``Stations''), for willfully and repeatedly violating Section 73.3526(e)(11)(iii) of the Commission's Rules (``Rules''), by failing to publicize the existence and location of the Children's Television Programming Reports for the Stations. II. BACKGROUND On January 31, 2005, Licensee filed applications to renew the licenses of the Stations (``Applications''). In Exhibit 24 of the Applications, Licensee indicated that due to a misunderstanding it had not been publicizing the existence and
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  • station(s), and a response to Question 3(e) above. ) and will be granted only upon a showing of extraordinary circumstances. Unless and until the EEO Staff grants such a request the original deadline remains in effect. Failure to respond to this audit letter by the deadline is punishable by sanctions in accordance with Section 73.2080(g). 6. In accordance with Sections 73.3526(e)(10) (for commercial stations ) and 73.3527(e)(11) (for noncommercial educational stations), copies of which are enclosed, you must place a copy of this letter and your response in the public inspection file of each affected station. Consequently, your response should not include personal information about individuals, such as social security numbers, home addresses, or other personally identifiable information. We do not
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  • are the July 24, 2008 Supplement to the Statements (``July 24th Supplement''), and the January 28, 2010 Supplement to the Statements (``January 28th Supplement'') filed by the Licensee. The Statements and Supplements seek reduction or cancellation of four Notices of Apparent Liability for a Forfeiture (collectively ``NALs''), each in the amount of twenty thousand dollars ($20,000) for violations of Sections 73.3526(e)(11)(iii) and 73.670 of the Commission's Rules (``Rules''). The violations involve Licensee's failure to file with the Commission, place in the Stations' public inspection files, and publicize the existence and location of the Children's Television Programming Reports. The NALs also found that Licensee failed to comply with the limits on commercial matter in children's programming. By this action, we cancel the
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  • 0004981304 FORFEITURE ORDER Adopted: May 3, 2010 Released: May 4, 2010 By the Chief, Video Division, Media Bureau: In this Forfeiture Order (``Order'') we issue a monetary forfeiture in the amount of six thousand dollars ($6,000) to Hill Broadcasting Company, Inc. (``Licensee''), licensee of Station KTVG(TV), Grand Island, Nebraska (``Station'') for its willful and repeated violations of Sections 73.3615 and 73.3526 of the Commission's Rules, by failing to file Biennial Ownership Reports with the Commission and by failing to timely place in the Station's public inspection file all required materials. On July 22, 2008, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of six thousand dollars ($6,000) to Licensee for its violations. Licensee has not
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  • ORDER Adopted: May 3, 2010 Released: May 4, 2010 By the Chief, Video Division, Media Bureau: I. INTRODUCTION In this Forfeiture Order (``Order'') we issue a monetary forfeiture in the amount of nine thousand six hundred dollars ($9,600) to Louis Martinez Family Group, LLC (``Licensee''), licensee of Station KQUX-CA, Austin, Texas (``Station''), for its willful and repeated violation of Section 73.3526(e)(11)(iii) of the Commission's Rules (``Rules'') by failing to place in the Station's public inspection file and publicize the existence and location of the Station's Children's Television Programming Reports. II. BACKGROUND On April 3, 2006, Licensee filed an application to renew the license of the Station (``Application'') (File No. BRTVA-20060403CCQ). Section IV, Question 3 of the license renewal application form, FCC
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  • FORFEITURE ORDER Adopted: May 19, 2010 Released: May 21, 2010 By the Chief, Video Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand and two hundred dollars ($3,200) to Rocky Mountain Broadcasting Company (the ``Licensee''), licensee of Station KMTF(TV), Helena, Montana, for its willful and repeated violation of: Section 73.3526(e)(11)(ii) of the Commission's Rules (``Rules''), by failing to place in the station's public inspection file all required records concerning its compliance with the children's programming commercial limits; Section 73.3526(e)(11)(iii) of the Rules by failing to publicize the existence and location of the Station's Children's Television Programming Reports; and Section 73.673 of the Rules by failing to provide to publishers of
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  • FORFEITURE ORDER Adopted: May 19, 2010 Released: May 21, 2010 By the Chief, Video Division, Media Bureau: INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand, two hundred dollars ($11,200), to Woods Communications Corporation (``Woods''), licensee of Station KWBZ-TV, Wolfforth, Texas (the ``Station''), for its willful and repeated violations of Sections 73.3526(e)(11)(ii)-(iii) of the Rules, by failing to place in the Station's public inspection file all required records concerning its compliance with the children's programming commercial limits and by failing to publicize the existence and location of its Children's Television Programming Reports. II. BACKGROUND 2. On March 30, 2006, the Licensee filed its license renewal application (FCC Form 303-S) for Station KWBZ-TV
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  • FORFEITURE ORDER Adopted: May 5, 2010 Released: May 7, 2010 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) to HTV/HTN/Hawaiian TV Network, Ltd. ("HTV"), licensee of station KHLU-LP, in Honolulu, Hawaii, for willfully and repeatedly violating Sections 73.1225(a), 73.1125(c) and 73.3526 of the Commission's Rules (``Rules''). On March 27, 2009, the Enforcement Bureau's Honolulu Resident Agent Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $24,000 to HTV for failing to make the station available for FCC inspection, failing to maintain an accessible local main studio in its community of license, and failing to make the
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  • 0003730892 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Hubbard's Advertising Agency, Inc., (``Hubbard''), licensee of station WLLL(AM), in Lynchburg, Virginia, apparently willfully and repeatedly violated Sections 11.35(a), 73.1745(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain operational Emergency Alert System (``EAS'') equipment, exceeding its licensed nighttime operating power, and failing to maintain and make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Hubbard is apparently liable for a forfeiture in the amount of twenty-two
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  • OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that World Media Broadcast Company, (``World Media''), licensee of station WCLM(AM), in Highland Springs, Virginia, apparently willfully and repeatedly violated Sections 11.35(a), 73.1400(a)(1)(ii) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain functioning Emergency Alert System (``EAS'') equipment, failing to provide functioning transmission system remote control equipment, and failing to maintain and make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that World Media is apparently liable for a forfeiture in
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  • Bureau: 1. In this Order, we adopt and incorporate by reference the attached Consent Decree entered into by the Media Bureau and Danville Christian Radio, Ltd. (the ``Licensee''), licensee of Station DWVOV(AM), Danville, Virginia (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned license renewal application. These issues include whether the Licensee violated Section 73.3526 of the Commission's rules (the ``Rules''), which governs the maintenance of a commercial station's public file, Section 73.3539 of the Rules, which sets forth the filing deadline for license renewal applications, and Section 301 of the Communications Act of 1934, as amended, (the ``Act), which requires a valid authorization from the Commission to operate a broadcast station. 2. The Consent
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  • Division, Media Bureau: I. INTRODUCTION The Audio Division has before it a Petition for Reconsideration (``Petition'') filed on September 2, 2008, by Frank J. Neely, licensee of Station WGIV(AM), Gastonia, North Carolina (``Station''). The Petition seeks reconsideration of an August 6, 2008, Forfeiture Order in the amount of nine thousand dollars ($9,000) for Neely's willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. For the reasons discussed below, we deny the Petition. II. BACKGROUND Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527, as applicable, of the rules has
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  • FRN: 0010019792 NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: June 16, 2011 Released: June 17, 2011 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that L. Stanley Wall ("Wall"), licensee of FM Station WLSW, Scottdale, Pennsylvania, apparently willfully and repeatedly violated section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain and make available the quarterly issues/programs lists in the local public inspection file. We conclude that Wall is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). We further direct Wall to submit a written statement signed under penalty of perjury stating that Station WLSW is now
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  • ($12,800) Forfeiture Order released on October 6, 2008, for Huerta's willful violation of Section 73.3539 of the Commission's Rules (``Rules'') by failing to file a timely renewal application for the Station, and for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), by engaging in unauthorized operation of the Station, and of Section 73.3526 of the Rules by failing to properly maintain a public inspection file for the Station. For the reasons discussed below, we dismiss the Petition. II. BACKGROUND The Station's renewal application for the pertinent license term was due on December 1, 2003, four months prior to the April 1, 2004, license expiration date. The application was not filed until April 20,
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  • FOR FORFEITURE AND ORDER Adopted: June 30, 2011 Released: June 30, 2011 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Vision Latina Broadcasting, Inc. (``Vision Latina Broadcasting''), licensee of Station KBPO, Port Neches, Texas (the ``Station''), apparently willfully and repeatedly violated sections 73.1125 and 73.3526 of the Commission's rules (``Rules'') by failing to maintain: (1) a main studio with a meaningful staff and management presence; and (2) a complete public inspection file and make that file available. We conclude that Vision Latina Broadcasting is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). In addition, no later than 30 days from
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  • LIABILITY FOR FORFEITURE AND ORDER Adopted: July 18, 2011 Released: July 18, 2011 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Spirit Broadcasting, Inc., (``Spirit''), licensee of Station WGTM(AM), in Wilson, North Carolina, apparently willfully and repeatedly violated sections 11.35, 73.49, and 73.3526 of the Commission's rules (``Rules'') by failing to: (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose an antenna tower, having radio frequency potential at the base, within an effectively locked fence; and (3) maintain and make available a public inspection file. We conclude that Spirit is apparently liable for a forfeiture in the amount of twenty-five thousand dollars
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  • before us a Petition for Reconsideration and Request for Rescission of Forfeiture Order (``Petition'') filed by Radio License Holding CBC, LLC (``Licensee''), licensee of Stations WIBR(AM), Baton Rouge, Louisiana, and WEMX(FM), Kentwood, Louisiana (``Stations''). Licensee seeks reconsideration of the Media Bureau's (``Bureau'') Forfeiture Order in the amount of eight thousand dollars ($8,000) for Licensee's willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to retain all required documentation in the stations' public inspection files. In this Memorandum Opinion and Order, we deny reconsideration and affirm the forfeiture. Background On February 2, 2004, Licensee filed the captioned applications to renew the licenses of WIBR(AM) and WEMX(FM) (the ``Applications''). Section III, Item 3, of the license renewal application
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  • are expected to promptly take corrective action when violations are brought to their attention). See also, Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994)(corrective action taken to comply with the Rules is expected, and does not mitigate any prior forfeitures or violations). See NAL at para. 17. 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 11-1233 Federal Communications Commission DA 11-1233 � � & 0
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  • No. 201132900005 FRN 0020919791 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 27, 2011 Released: July 29, 2011 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that HK Media, Inc. (``HK Media''), licensee of Station KFOX, in Torrance, California, apparently willfully and repeatedly violated section 73.3526 of the Commission's rules (``Rules'') by failing to maintain and make available for inspection a local public inspection file at the Station KFOX main studio. We conclude that HK Media is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On September 22, 2010, an agent from the Enforcement Bureau's Los Angeles Office (``Los Angeles
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  • station(s), and a response to Question 3(e) above. ) and will be granted only upon a showing of extraordinary circumstances. Unless and until the EEO Staff grants such a request the original deadline remains in effect. Failure to respond to this audit letter by the deadline is punishable by sanctions in accordance with Section 73.2080(g). 6. In accordance with Sections 73.3526(e)(10) (for commercial stations ) and 73.3527(e)(11) (for noncommercial educational stations), copies of which are enclosed, you must place a copy of this letter and your response in the public inspection file of each affected station. Consequently, your response should not include personal information about individuals, such as social security numbers, home addresses, or other personally identifiable information. We do not
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  • 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 public and Commission staff can verify their claimed eligibility. Legal Basis: 47 U.S.C. 336(f). Section Number and Title: 73.3526(e)(17) Local public inspection file of commercial stations. Brief Description: This rule provides that stations in the Class A Television Service must give notice of the filing of an application for license. Need: This rule is necessary so that the public is made aware of the filing of an application for license by a station in the Class A Television Service
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  • Ms. Sashkin: We have before us a Petition for Reconsideration (``Petition'') filed on October 20, 2010, by WPW Broadcasting, Inc. (``WPW''), licensee of Station WLBK(AM), DeKalb, Illinois (``Station''). The Petition requests reconsideration of a Forfeiture Order released on September 20, 2010, issuing a monetary forfeiture in the amount of ten thousand dollars ($10,000) to WPW for WPW for violating Section 73.3526 of the Commission's Rules (``Rules''). For the reasons discussed below, we hereby cancel the proposed $10,000 forfeiture and admonish WPW for its willful and repeated violation of Section 73.3526 of the Rules. Background. On March 16, 2007, the Media Bureau (``Bureau'') granted the above-referenced application for license renewal. On March 19, 2007, the Bureau issued a Notice of Apparent Liability
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  • FORFEITURE ORDER Adopted: September 7, 2011 Released: September 7, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fourteen thousand dollars ($14,000) to Crocodile Broadcasting Corp., Inc., (``CBC''), licensee of Station KGLA(AM), Gretna, Louisiana, for willful and repeated violation of sections 73.1745(a) and 73.3526 of the Commission's rules (``Rules''). The noted violations involve CBC's operation at times other than those specified in its license and failure to maintain and make available a complete public inspection file. II. BACKGROUND As discussed in detail in the Notice of Apparent Liability for Forfeiture (``NAL'') in this case, on October 28 and 29, 2010, agents from the Enforcement
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  • Order (``MO&O''), we deny the petition for reconsideration (``Petition'') filed by Mt. Rushmore Broadcasting, Inc., (``Mt. Rushmore'' or ``the Licensee''), licensee of Stations KRAL(AM), KIQZ(FM), and WHB734, in Rawlins, Wyoming, of the Forfeiture Order issued in this proceeding. The Forfeiture Order imposed a monetary forfeiture in the amount of $17,500 for willful and repeated violation of sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Commission's rules (``Rules''). Background In the Forfeiture Order, issued January 8, 2010, the Western Region of the Enforcement Bureau (``Region'') determined that Mt. Rushmore had failed to ensure the operational readiness of the Station KRAL(AM) and Station KIQZ(FM) Emergency Alert System (``EAS'') equipment; failed to maintain a complete public inspection file for Station KRAL(AM) and Station
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  • Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Taylor Communications, Inc. (``Taylor''), licensee of Station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246, for willful and repeated violation of section 17.48(a) of the Commission's rules (``Rules'') and willful violation of section 73.3526 of the Rules. The noted violations involve Taylor's failure to inform the Federal Aviation Administration (``FAA'') of a malfunction of the antenna structure lighting and its failure to make available a public inspection file. II. BACKGROUND On September 25, 2008, in response to a complaint alleging violations concerning antenna structure number 1038246, agents from the Enforcement Bureau's New Orleans Office
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  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 12, 2011 Released: October 14, 2011 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Meade County Communications, Inc. (``Meade''), licensee of AM Station WMMG, in Brandenburg, Kentucky, apparently willfully and repeatedly violated section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain and make available the issues/program lists in the public inspection file. We conclude that Meade is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). We further direct Meade to submit a written statement signed under penalty of perjury stating that Station WMMG is now in compliance
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  • 27, 2011 Released: October 27, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Consolidated Radio, Inc. (``Consolidated Radio''), licensee of Station KVOZ(AM) in Del Mar Hills, Texas, for willful and repeated violation of sections 73.1125, 73.1745(a), and 73.3526 of the Commission's rules (``Rules''). The noted violations involved Consolidated Radio's failure to: (1) maintain a main studio in the community of license; (2) operate consistent with the terms of its station authorization; and (3) maintain and make available a complete public inspection file. II. BACKGROUND On May 16, 2011, the Enforcement Bureau's Houston Office (``Houston Office'') issued a Notice
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  • FORFEITURE ORDER Adopted: October 31, 2011 Released: November 1, 2011 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Spirit Broadcasting, Inc., (``Spirit''), licensee of Station WGTM(AM), in Wilson, North Carolina, for willful and repeated violation of sections 11.35, 73.49, and 73.3526 of the Commission's rules (``Rules''). The noted violations involved Spirit's failure to (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose an antenna tower, having radio frequency potential at the base, within an effectively locked fence; and (3) maintain and make available a public inspection file. 2. On July 15, 2011, the Enforcement Bureau's Norfolk Office (``Norfolk Office'') issued
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  • grant the Complaint, to the extent set forth herein, and deny it in all other respects. Pursuant to section 503(b) of the Communications Act of 1934, as amended (Act), and section 1.80 of the Commission's rules, this order constitutes a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 for HITV's willful and repeated violation of section 73.3526 of the Commission's rules as a result of its failure to properly maintain and provide access to its public inspection file for Station KFVE(TV). II. BACKGROUND 3. On August 18, 2009, Raycom and HITV announced an agreement to exchange certain non-license assets. The transaction, which at the time remained unexecuted, consisted of an exchange of Raycom's MyNetwork TV affiliation agreement,
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  • each interviewee; and (e) the sources contacted for each full-time opening during the reporting year. 17. IT IS FURTHER ORDERED, pursuant to Section 309(k) of the Communications Act of 1934, as amended, that, subject to the above-stated conditions, the renewal applications for Stations WSSL-FM, WGVL(AM), WMYI(FM), WESC-FM and WROO(FM) ARE GRANTED. 18. IT IS FURTHER ORDERED that, pursuant to Section 73.3526(e)(10) of the Commission's Rules, the Licensee shall place a copy of this NAL in the public inspection files of Stations WSSL-FM, WGVL(AM), WMYI(FM), WESC-FM, WLFJ(AM), and WROO(FM). 19. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Robert Walls, Executive Vice President and General Counsel, Clear Channel
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  • the sources contacted by the Licensee for each of its full-time openings during the reporting year. 17. IT IS FURTHER ORDERED, pursuant to Section 309(k) of the Communications Act of 1934, as amended, that, subject to the above-stated conditions, the renewal applications for Stations WGH(AM), WGH-FM, WVHT(FM), and WVSP-FM ARE GRANTED. 18. IT IS FURTHER ORDERED that, pursuant to Section 73.3526(e)(10) of the Commission's Rules, MHR License LLC shall place a copy of this NAL in the public inspection files of Stations WGH(AM), WGH-FM, WVBW(FM), WVHT(FM), and WVSP-FM. 19. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and Certified Mail, Return Receipt Requested, to MHR License LLC, 900 Laskin Road, Virginia Beach, Virginia 23451,
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  • APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: February 7, 2011 Released: February 9, 2011 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Crocodile Broadcasting Corp., Inc., (``CBC''), licensee of Station KGLA(AM), Gretna, LA, apparently willfully and repeatedly violated sections 73.1745(a) and 73.3526 of the Commission's Rules (``Rules'') by: (1) operating at times other than those specified in its license; and (2) failing to maintain and make available a complete public inspection file. We conclude that CBC is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). We further order CBC to submit a sworn statement certifying that it
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  • 7636145 NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: February 8, 2011 Released: February 10, 2011 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Media East, LLC, (``Media East''), licensee of Station WLGT(AM), in Washington, North Carolina, apparently willfully and repeatedly violated section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain and make available a public inspection file. We conclude that Media East is apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000). We further order Media East to submit a sworn statement certifying that it is currently in compliance with section 73.3526 of the Rules. BACKGROUND On
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  • the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Hanmi Broadcasting, Inc. (``Hanmi'' or ``Licensee''), licensee of Station WPBC(AM), Decatur, Georgia, (``Station''). The Consent Decree terminates an investigation by the Bureau against Hanmi for possible violations of section 310(d) of the Communications Act of 1934, as amended, and sections 73.3526, 73.3540, 73.3613, and 73.3615 of the Commission's Rules, regarding allegations that it transferred control of the Station without Commission authorization, failed to provide access to the Station's public inspection file, failed to maintain required documents in the Station's public inspection file, and failed to file ownership reports and certain contracts with the Commission. The Bureau and Hanmi have negotiated the
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  • the Station. BACKGROUND On December 19, 2007, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Licensee for this violation. As noted in the NAL, Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee indicated ``No'' to that certification and attached an exhibit explaining that the issues/programs lists were ``accurate from the 1st quarter [of] 2001 forward,'' but ``[d]uring the term from August 1998 - August 2006, there are 8 quarters missing from
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  • Division has before it a Petition for Reconsideration (``Petition'') filed on August 14, 2008, by Sudbury Services, Inc. (``Sudbury''), licensee of Station KLCN(AM), Blytheville, Arkansas (``Station''). The Petition asks for reconsideration of a July 25, 2008, decision to issue a monetary forfeiture (``Forfeiture Order'') in the amount of nine thousand dollars ($9,000) for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for the Station. For the reasons discussed below, we deny the Petition. II. BACKGROUND 2. On January 30, 2004, Sudbury filed an application to renew the license of the Station. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee
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  • Number EB-09-PA-0271 NAL/Acct. No. 201132400005 FRN 0002834810 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 24, 2011 Released: February 25, 2011 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cumulus Licensing LLC (``Cumulus''), licensee of Station WWIZ, Mercer, Pennsylvania, apparently willfully and repeatedly violated section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain and make available the quarterly issues/programs lists in the local public inspection file. We conclude that Cumulus is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On November 17, 2009, an agent from the Enforcement Bureau's Philadelphia Office conducted an inspection with Station WWIZ's chief
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  • BR-20040727ACZ FORFEITURE ORDER Adopted: March 1, 2011 Released: March 2, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of one thousand, three hundred dollars ($1,300) to Eastern Illinois Christian Broadcasting, Inc. (``Licensee'') licensee of WEIC(AM), Charleston, Illinois (``Station''), for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to retain all required documentation in the Station's public inspection file. II. BACKGROUND On May 3, 2007, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Licensee for these violations. As noted in the NAL, Section III, Item 3 of the Station's
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  • station(s), and a response to Question 3(e) above. ) and will be granted only upon a showing of extraordinary circumstances. Unless and until the EEO Staff grants such a request the original deadline remains in effect. Failure to respond to this audit letter by the deadline is punishable by sanctions in accordance with Section 73.2080(g). 6. In accordance with Sections 73.3526(e)(10) (for commercial stations ) and 73.3527(e)(11) (for noncommercial educational stations), copies of which are enclosed, you must place a copy of this letter and your response in the public inspection file of each affected station. Consequently, your response should not include personal information about individuals, such as social security numbers, home addresses, or other personally identifiable information. We do not
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  • the forfeiture issued by the Media Bureau (``Bureau'') from nine thousand dollars ($9,000) to eight thousand dollars ($8,000). II. BACKGROUND On August 22, 2005, the University filed an application to renew the license of the Station. Section III, Item 3, of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules has been placed in the station's public inspection file at the appropriate times. The University indicated ``No'' to that certification, attaching an exhibit explaining that ``[f]rom 2001 to the present ... no quarterly issues were placed in the file.'' It stated that it would recreate these lists, place them in Station's public file, and that
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  • MB20041810066 FRN: 0003754934 File No. BR-20040128ADF MEMORANDUM OPINION AND ORDER Adopted: April 13, 2011 Released: April 14, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION KUOA, Inc. (``KUOA''), former licensee of Station KUOA(AM), Siloam Springs, Arkansas (``Station''), filed a Petition for Reconsideration (``Petition'') of the Forfeiture Order issued to KUOA for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public inspection file for KUOA(AM). In this Memorandum Opinion and Order, we deny reconsideration and affirm the forfeiture issued by the Media Bureau (``Bureau'') in the total amount of seven thousand two hundred dollars ($7,200) to KUOA. II. BACKGROUND 2. On January 28, 2004, KUOA filed an application to
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  • Media Bureau (``Bureau'') in the total amount of seven thousand two hundred dollars ($7,200) to John Brown. II. BACKGROUND 2. On January 28, 2004, John Brown filed an application to renew the license of the Station. Section III, Item 3, of the license renewal application form, FCC Form 303-S, requests that the licensee certify that the documentation required by Section 73.3526 or 73.3527 of the Rules has been placed in the station's public inspection file at the appropriate times. John Brown indicated ``No'' to that certification, explaining in an Exhibit that ``the complete issues/program lists for station KLRC were not placed in the public file from January 10, 1999, (the first quarter in the new license term) through January 10, 2003.''
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  • for Reconsideration (``Petitions'') filed on August 14, 2008, by Phoenix Broadcasting Group, Inc. (``Phoenix''), licensee of Station KAMJ(FM), Gosnell, Arkansas, and Station KQXF(FM), Osceola, Arkansas (``Stations''). The Petitions ask for reconsideration of two July 15, 2008, decisions to issue monetary forfeitures (``Forfeiture Orders''), each in the amount of nine thousand dollars ($9,000), for Phoenix's willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain a public file for each of the Stations. For the reasons discussed below, we deny the Petitions. BACKGROUND 2. On January 30, 2004, Phoenix filed applications to renew the respective licenses of both Stations. Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the
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  • FRN: 0009269655 File No. BRH-20040802BHX MEMORANDUM OPINION AND ORDER Adopted: April 14, 2011 Released: April 15, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION Saga Communications of Illinois, Inc. (``Saga''), licensee of the three captioned radio stations (``Stations''), filed Petitions for Reconsideration (``Petitions'') of the Forfeiture Orders issued to Saga for its willful and repeated violation of Section 73.3526 of the Commission's Rules (``Rules'') by failing to properly maintain public inspection files at each of the three Stations. In this Memorandum Opinion and Order, we deny reconsideration in each of the three Petitions and affirm the forfeitures issued by the Media Bureau (``Bureau'') in the amount of three thousand dollars ($3,000) per station to Saga. II. BACKGROUND 2. On
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