FCC Web Documents citing 73.3526
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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
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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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- 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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- 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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- 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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- 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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- 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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- 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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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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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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- 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
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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 WCCV-TV, Arecibo, Puerto Rico (File No. BRCT-20040929ASW). In response to
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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 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
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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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- 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-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
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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
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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
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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 "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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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
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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 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
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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
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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, 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
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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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- 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
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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
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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
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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
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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
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- 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
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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 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
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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 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
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- 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
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- 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
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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 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
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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 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
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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 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
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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 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
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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 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
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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 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 "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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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 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
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- 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
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- 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
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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 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
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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 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
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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 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
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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 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
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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 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
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- (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
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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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- 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
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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 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
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- 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
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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
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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 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
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- 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
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- 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
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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
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- 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
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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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- 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
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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 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
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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 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
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- 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
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- 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
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- (``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
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- 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,
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- 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
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- 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
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- 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
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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 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.
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- (``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
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- 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
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- (``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
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- 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
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- 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
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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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- 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
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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 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
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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 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
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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 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
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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 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
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- 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
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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 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
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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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- 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
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- 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
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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 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
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- 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
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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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- 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
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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 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
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- 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
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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 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
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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 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
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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 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
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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 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
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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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- 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,
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- 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
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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 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
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- 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
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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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- 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
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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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- 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 " hW 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, NtRb 7PUZS 'wpˈ
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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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- File No. BRH-20040802BCX MEMORANDUM OPINION AND ORDER Adopted: April 14, 2011 Released: April 15, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION 1. Saga Communications of Illinois, Inc. (``Saga''), licensee of Station WYMG(FM), Chatham, Illinois (``Station''), filed a Petition for Reconsideration (the ``Petition'') of the Forfeiture Order 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 the Station. In this Memorandum Opinion and Order, we deny reconsideration in the Petition and affirm the forfeiture issued by the Media Bureau, Audio Division (``Bureau'') in the amount of nine thousand dollars ($9,000) to Saga. II. BACKGROUND 2. On August 2, 2004, Saga filed an
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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
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- unauthorized operation of its station). Request at 3. See New Inspiration Broadcasting Co., Inc., Forfeiture Order, 24 FCC Rcd 3205 (MB 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 Best Media, Inc., Forfeiture Order, 24 FCC Rcd 4140, 4142 (MB 2009) (rejecting the argument that voluntary disclosure of a violation of the Rules regarding filing timely renewal applications warrants reduction of a proposed forfeiture). See, e.g., WLVV,
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- By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of The Padner Group, LLC (``Licensee'') for renewal of its license for WODR(FM), Fair Bluff, North Carolina (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WODR(FM) public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 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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- 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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- 24, 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of WJZT Communications, LLC (``Licensee'') for renewal of its license for WTSM(FM), Woodville, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), 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 WTSM(FM) public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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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 Joseph V. Earley (the ``Licensee''), licensee of Class A television station WOIL-LP, Talladega, Alabama (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission, and place in the Station's public inspection file, 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 ($13,000). II. BACKGROUND Section 73.3526 of
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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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- FRN: 0020240594 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 2, 2012 Released: March 7, 2012 By the Chief, Video Division, Media Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Belo TV, Inc. (the ``Licensee''), licensee of Class A television station WBXN-CA, New Orleans, Louisiana (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission, and place in the Station's public inspection file, 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 ($13,000). II. BACKGROUND Section 73.3526 of
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- APPARENT LIABILITY FOR FORFEITURE Adopted: March 2, 2012 Released: March 7, 2012 By the Chief, Video Division, Media Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL'') we find that Glen Iris Baptist School (the ``Licensee''), licensee of Class A television stations W15AZ, Alabaster, Alabama and W49, Birmingham, Alabama (the ``Stations''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission, and place in the Stations' public inspection files, the Stations' 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 twenty-six thousand dollars ($26,000). II. BACKGROUND Section 73.3526 of
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- FRN: 0017901984 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 9, 2012 Released: March 12, 2012 By the Chief, Video Division, Media Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Centex Television Limited Partnership (the ``Licensee''), licensee of Class A television station KRHD-CD, Bryan, Texas (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission 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 three thousand dollars ($3,000). II. BACKGROUND Section 73.3526 of the Rules requires each commercial broadcast licensee to
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- 0003752979 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 9, 2012 Released: March 12, 2012 By the Chief, Video Division, Media Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Omni Broadcasting Company, d/b/a KOMI-DTV (the ``Licensee''), licensee of Class A television station KOMI-CD, Woodward, Oklahoma (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission 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 three thousand dollars ($3,000). II. BACKGROUND Section 73.3526 of the Rules requires each commercial broadcast licensee to
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- citing Jones Eastern of the Outerbanks, Inc., 7 FCC Rcd 6800 (1992), Clarification of the Main Studio and Program Origination Rules for Radio and Television Broadcast Stations, 3 FCC Rcd 5024, 5026 (1988), and Instruction II.F to FCC Form 302-CA. A commercial station must maintain a local public inspection file at the main studio of the station. 47 C.F.R. 73.3526(b). 47 U.S.C. 312(g). This section of the Act provides, in pertinent part, that ``If a broadcasting station fails to transmit broadcast signals for any consecutive 12-month period, then the station license granted for the operation of that broadcast station expires at the end of the period, notwithstanding any provision, term, or condition of the license to the contrary .
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- 2001) (Notice of Violation issued to the Station on March 29, 2001, for violations of 47 C.F.R. 17.4(a) (antenna structure registration); 17.51 (time when lights should be exhibited); 73.49 (AM transmission system fencing requirements); 73.1125 (station main studio location); 73.1201 (station identification); 73.1150 (transmission system operation), 73.1560 (operating power and mode tolerances); 73.1745 (unauthorized operation); 73.1820 (station log); and 73.3526 (contents of public inspection file for commercial stations); Enforcement Bureau Field Operation List of Actions Taken, Public Notice, 16 FCC Rcd 21310, 21310 (EB 2001) ($20,000 Notice of Apparent Liability issued to CWH for violation of 47 C.F.R. 17.4(a) (antenna structure registration); 47 C.F.R. 17.51 (time when lights should be exhibited) and 73.49 (AM transmission system fencing requirements);
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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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- No. 201241420007 FRN: 0013222245 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2012 Released: March 29, 2012 By the Chief, Video Division, Media Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Indiana Wesleyan University (the ``Licensee''), licensee of Class A television station WIWU-CD, Marion, Indiana (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission, and place in the Station's public inspection file, 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 ($13,000). II. BACKGROUND Section 73.3526 of
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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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- FRN: 0017945395 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 2, 2012 Released: April 3, 2012 By the Chief, Video Division, Media Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Southern Media Associates, Inc. (the ``Licensee''), licensee of Class A television station WPHJ-CA, Vidalia, Georgia (the ``Station''), apparently willfully and repeatedly violated Section 73.3526(e)(11)(iii) of the Rules, by failing to file with the Commission, and place in the Station's public inspection file, 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 ($13,000). II. BACKGROUND Section 73.3526 of
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- the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Double O South Carolina Corporation (``Licensee'') for renewal of its license for WWNQ(FM), Forest Acres, South Carolina (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WWNQ(FM) public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- II. See Forfeiture Policy Statement, 12 FCC Rcd at 17113-15. 47 C.F.R. 1.80(b)(4). In Liberman Television of Dallas License Corp., we proposed, among other things, a $4,000 forfeiture for a licensee's violation of Section 73.2080(c)(1)(i), a $1,000 forfeiture for violation of Section 73.2080(c)(3), a $1,000 forfeiture for violation of Section 73.2080(c)(6), and a $1,000 forfeiture for violation of Section 73.3526(e)(7). Liberman Television of Dallas License Corp., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 2032 (2007) (recon. pending). The licensee had failed to recruit widely for six of 54 vacancies (11%) by relying solely on Internet websites or websites and referrals; failed to self-assess its EEO program; failed to place its EEO public file report in its public inspection
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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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- 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of WSBH FM, LLC (``Licensee'') for renewal of its license for WSBH(FM), Satellite Beach, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), 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 WSBH(FM) public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of WHLG FM, LLC (``Licensee'') for renewal of its license for WHLG(FM), Port St. Lucie, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), 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 WHLG(FM) public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 47 U.S.C. 336(f)(2)(A)(ii); see also In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6366 (2000), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-56 (2001); 47 C.F.R. 73.6001, 73.6026. KHCC-LP was granted Class A status in 2001. See 47 C.F.R. 73.671, 73.3526 and 73.6026. 47 U.S.C. 316(a). Reclassification of License of Class A Television Station KHCC-LP, Corpus Christi, Texas, Order to Show Cause, DA 12-289 (Vid. Div. rel. Feb. 28, 2012). 47 C.F.R. 1.87(g)(1), (h) (Absent good cause shown, the right to file a protest or have a hearing is waived if licensee does not file a timely protest or
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- U.S.C. 336(f)(2)(A)(ii); see also In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6366 (2000), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-56 (2001); 47 C.F.R. 73.6001, 73.6026. WKAG-CA was granted Class A television status in 2002. See 47 C.F.R. 73.671, 73.3526 and 73.6026. 47 U.S.C. 316(a). Reclassification of License of Class A Television Station WKAG-CA, Hopkinsville, Kentucky, Order to Show Cause, DA 12-293 (Vid. Div. rel. Feb. 28, 2012). 47 C.F.R. 1.87(g)(1), (h) (Absent good cause shown, the right to file a protest or have a hearing is waived if licensee does not file a timely protest or statement
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- 47 U.S.C. 336(f)(2)(A)(ii); see also In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6366 (2000), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-56 (2001); 47 C.F.R. 73.6001, 73.6026. KVHM-LP was granted Class A status in 2001. See 47 C.F.R. 73.671, 73.3526 and 73.6026. 47 U.S.C. 316(a). Reclassification of License of Class A Television Station KVHM-LP, Victoria, Texas, Order to Show Cause, DA 12-286 (Vid. Div. rel. Feb. 28, 2012). 47 C.F.R. 1.87(g)(1), (h) (Absent good cause shown, the right to file a protest or have a hearing is waived if licensee does not file a timely protest or statement
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- 47 U.S.C. 336(f)(2)(A)(ii); see also In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6366 (2000), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-56 (2001); 47 C.F.R. 73.6001, 73.6026. KINE-LP was granted Class A status in 2001. See 47 C.F.R. 73.671, 73.3526 and 73.6026. 47 U.S.C. 316(a). Reclassification of License of Class A Television Station KINE-LP, Robstown, Texas, Order to Show Cause, DA 12-288 (Vid. Div. rel. Feb. 28, 2012). 47 C.F.R. 1.87(g)(1), (h) (Absent good cause shown, the right to file a protest or have a hearing is waived if licensee does not file a timely protest or statement
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- 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Opus Broadcasting Tallahassee, LLC, (``Licensee'') for renewal of its license for Station WHTF(FM), Havana, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the Station's public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Opus Broadcasting Tallahassee, LLC, (``Licensee'') for renewal of its license for Station WWOF(FM), Tallahassee, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the Station's public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Opus Broadcasting Tallahassee, LLC, (``Licensee'') for renewal of its license for Station WANK(FM), Lafayette, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the Station's public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Opus Broadcasting Tallahassee, LLC, (``Licensee'') for renewal of its license for Station WQTL(FM), Tallahassee, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the Station's public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- U.S.C. 336(f)(2)(A)(ii); see also In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6366 (2000), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-56 (2001); 47 C.F.R. 73.6001, 73.6026. KBBL-CA was granted Class A television status in 2002. See 47 C.F.R. 73.671, 73.3526 and 73.6026. 47 U.S.C. 316(a). Reclassification of License of Class A Television Station KBBL-CA, Springfield, Missouri, Order to Show Cause, DA 12-290 (Vid. Div. rel. Feb. 28, 2012). In addition to the omissions in 2009 and 2010, the Order to Show Cause noted that EBC had also failed to file Children's Television Programming Reports for all four quarters of
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- 47 U.S.C. 336(f)(2)(A)(ii); see also In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6366 (2000), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-56 (2001); 47 C.F.R. 73.6001, 73.6026. KXTM-LP was granted Class A status in 2001. See 47 C.F.R. 73.671, 73.3526 and 73.6026. 47 U.S.C. 316(a). Reclassification of License of Class A Television Station KXTM-LP, San Antonio, Texas, Order to Show Cause, DA 12-284 (Vid. Div. rel. Feb. 28, 2012). In addition to the period covering 2006 through 2010, the Order to Show Cause noted that Lopez had also failed to file Children's Television Programming Reports for all four quarters
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- U.S.C. 336(f)(2)(A)(ii); see also In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6366 (2000), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-56 (2001); 47 C.F.R. 73.6001, 73.6026. WBGR-LP was granted Class A television status in 2002. See 47 C.F.R. 73.671, 73.3526 and 73.6026. 47 U.S.C. 316(a). Reclassification of License of Class A Television Station WBGR-LP, Bangor/Dedham, Maine, Order to Show Cause, DA 12-297 (Vid. Div. rel. Feb. 28, 2012). In addition to the period covering 2007 through 2010, the Order to Show Cause noted that Maine Family had also failed to file Children's Television Programming Reports for all four quarters
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- 47 U.S.C. 336(f)(2)(A)(ii); see also In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6366 (2000), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-56 (2001); 47 C.F.R. 73.6001, 73.6026. KWDT-LP was granted Class A status in 2001. See 47 C.F.R. 73.671, 73.3526 and 73.6026. 47 U.S.C. 316(a). Reclassification of License of Class A Television Station KWDT-LP, Corpus Christi, Texas, Order to Show Cause, DA 12-226 (Vid. Div. rel. Feb. 28, 2012). In addition to the period covering 2006 through 2010, the Order to Show Cause noted that Ortiz had also failed to file Children's Television Programming Reports for all four quarters
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- 1.80. The Bureau has delegated authority to issue the NAL under Section 0.283 of the Rules. See 47 C.F.R. 0.283. See 47 C.F.R. 73.3527. Cf. Letter to Kathleen N. Benfield, 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). See 47 C.F.R. 73.3526(e)(12). The Station's initial covering license application (File No. BLED-20010125ABQ) was granted on March 30, 2006. See Broadcast Actions, Public Notice, Report No. 46206 p.4 (rel. Apr. 4, 2006). Application, Exhibit 12. See Padre Serra Communications, Inc., Letter, 14 FCC Rcd 9709 (MMB 1999), citing Gaffney Broadcasting, Inc., Memorandum Opinion and Order, 23 FCC 2d 912, 913 (1970), Eleven Ten Broadcasting
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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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- Consent Decree entered into by the Media Bureau (the ``Bureau'') and Media Ministries, Inc. (the ``Licensee''), licensee of non-commercial educational radio station KBMQ(FM), Monroe, Louisiana and commercial radio station KLIC(AM), Monroe, Louisiana (the ``Stations''). 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 Sections 73.3526 and 73.3527 of the Commission's Rules (the ``Rules''). 2. The Consent Decree provides, among other things, that the Licensee will institute and maintain, for three years, a Compliance Plan for the Stations and make a $7,500 voluntary contribution to the United States Treasury. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the
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- (i)"Notice of Apparent Liability for Forfeiture" or "NAL" meansIn re Media Ministries, Inc.,Notice of Apparent Liability for Forfeiture, DA 12-5 63 (MB April 10, 2012); (j)"Order" means the Order of the Bureau adopting this Consent Decree; (k) "Parties" means the Bureau and the Licensee; (1)"Public File Rule" means Section73.3527of the Commission's Rules, 47 C.F.R. 73.3527(with respect to KBMQ) and Section 73.3526 of the Commission's Rules, 47 C.F.R. 73.3526 (with respect to KLIC); (m) "Rules" means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; Federal Communications Commission DA 12-724 (n) "Stations" means Station KBMQ(FM), Monroe, Louisiana (Facility ID No. 22172) and Station KLIC(AM), Monroe, Louisiana (Facility ID No. 22171); and (o) "Violations" means violations of the Public
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- Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the captioned applications of Yeary Broadcasting, Inc. (``Licensee''), for renewal of its licenses for Station WXLZ(AM), St. Paul, Virginia, and Station WXLZ-FM, Lebanon, Virginia (collectively, ``Stations''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WXLZ(AM) and WXLZ-FM public inspection files. Based upon our review of the record before us, we conclude that Licensee is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000) and that the captioned license renewal applications should be granted for a period of
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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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- In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6366 (2000), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-56 (2001); 47 C.F.R. 73.6001, 73.6026. K42BR and K48BL were granted Class A television status in 2001 and 2002, respectively. See 47 C.F.R. 73.671, 73.3526 and 73.6026. 47 U.S.C. 316(a). Reclassification of License of Class A Television Stations K42BR and K48BL, Terrebonne-Bend, Oregon, Order to Show Cause, DA 12-534 (Vid. Div. rel. April 3, 2012). In addition to the period covering 2006 through 2010, the Order to Show Cause noted that Johnson had also failed to file Children's Television Programming Reports for all four
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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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- 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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- NY. New York, NY (3/31/00). 47 (EAS) Rules) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. 16570 47 Key West Education B/C Foundation, Key West, FL. NOV also issued for violation of
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- NY. New York, NY (3/31/00). 47 (EAS) Rules) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. 16570 47 Key West Education B/C Foundation, Key West, FL. NOV also issued for violation of
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- See Appendix, Chart 3. See Appendix, Chart 4. Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. 303a, 303b, 394. 47 U.S.C. 303b. 47 U.S.C. 303a &b. See also S. Rep. No. 227, 101st Cong., 1st Sess 5-9 (1989) (Senate Report). See Senate Report at 1. 47 C.F.R. 73.673, 73.3526(e)(11)(iii). 47 C.F.R. 73.671. 47 C.F.R. 73.671 Note 2. See 47 U.S.C. 303b(b) (providing that, in addition to considering educational and informational programming aired on the licensee's station, the Commission may consider "any special nonbroadcast efforts" by the licensee to enhance the value of such programming and "any special efforts" by the licensee to sponsor programming on another
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- opportunities'' to candidates for any public office, children's educational programming requirements, restrictions on airing of indecent programming, and provisions relating to the rating of video programming, and equal employment opportunities rules. See 47 U.S.C. 312(a)(7), 47 C.F.R. 73.1944 (reasonable access); 47 U.S.C. 315, 47 C.F.R. 73.1941 (equal opportunities); 47 U.S.C. 303(b), 47 C.F.R. 73.671, 73.673, 73.3526 (children's educational programming); 18 U.S.C. 1464; 47 U.S.C. 303, 47 C.F.R. 73.3999 (indecent programming); 47 U.S.C. 303(w) (rating of video programming); 47 C.F.R. 73.2080 (equal employment opportunities). Broadcast spectrum can be used for ancillary or supplementary services that do not interfere with the primary broadcast signal, e.g., through use or leasing of the vertical blanking
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- EB-00-KC-111 St. Charles, Missouri ) NAL/Acct.No. X3256-001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 31, 2000 By the Enforcement Bureau, Kansas City Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Bronco Broadcasting, Co., Inc. (``Bronco''), licensee of station KIRL (AM), St. Charles, Missouri, has apparently violated sections 11.35(a), 73.61(a), 73.62(b)(3) and 73.3526(e)(12) of the Commission's Rules (``Rules'') for failure to make appropriate entries in the broadcast station log indicating the reasons why tests of the Emergency Alert System (EAS) were not received, for failure to make field intensity measurements at each designated monitoring point location on the KIRL nighttime directional array as often as necessary to maintain compliance with the station authorization,
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- EB-00-OR-051 Baton Rouge, Louisiana ) NAL/Acct.No. X3262008 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 21, 2000 By the Enforcement Bureau, New Orleans Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Church Point Ministries, Inc. (``Church Point''), licensee of station WNDC (AM), Baton Rouge, Louisiana, has apparently violated sections 17.4(a)(2), 73.49, and 73.3526(a)(2) of the Commission's Rules (``Rules'') for failure to register the station's antenna structures by July 1, 1998, failure to provide an effective locked fence or other enclosure around the base of any antenna having radio frequency potential at its base, and failure to maintain a public inspection file. We conclude that Church Point is apparently liable for a forfeiture in
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- NAL/Acct. No. 200332860001 Honolulu, Hawaii ) FRN 0006351688 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 31, 2002 By the Enforcement Bureau, Honolulu Resident Agent Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Trade Center Management, Inc., licensee of AM broadcast station KHRA in Honolulu, Hawaii, has apparently willfully and repeatedly violated Section 73.3526(b) of the Federal Communications Commission (``FCC'') Rules and Regulations (``Rules''), by failing to maintain a public inspection file at the station main studio. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Trade Center Management, Inc., is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND On
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- LIABILITY FOR FORFEITURE Released: November 19, 2002 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Metropolitan Radio Group, Inc. (``Metropolitan''), licensee of radio station KTKC, Springhill, Louisiana, apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000) for willful violation of Sections 73.1125(a) and 73.3526(a)(2) of the Commission's Rules (``Rules''). Specifically, we find Metropolitan apparently liable for failing to maintain a presence at the station's main studio and failing to maintain all of the required material in the station's public inspection file. II. BACKGROUND 2. On September 10, 2002, an agent from the FCC Enforcement Bureau's New Orleans Office inspected broadcast station KTKC(FM) licensed to
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- FOR FORFEITURE Released: December 5, 2002 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Greenwood Acres Baptist Church (``Greenwood''), licensee of AM broadcast station KASO, Minden, Louisiana, apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(a)(2) of the Commission's Rules (``Rules''). Specifically, we find Greenwood apparently liable for failing to maintain an effective locked fence enclosing its antenna tower, and failing to maintain all required material in its public inspection file. II. BACKGROUND 2. On September 12, 2002, an agent from the FCC Enforcement Bureau's New Orleans Office inspected AM broadcast station KASO. During the inspection,
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- FOR FORFEITURE Released: February 14, 2003 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Victory & Power Ministries, Inc. (``Victory Ministries''), licensee of radio station WPFC, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 11.35(a), 73.49, and 73.3526(c) of the Commission's Rules (``Rules''). Specifically, we find Victory Ministries apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to provide an effective locked fence enclosing the station's antenna tower, and failing to have the station's public inspection file available for inspection during regular business hours. II. BACKGROUND 2. On November 13, 2002, an agent from
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- ) File Number EB-02-ST-308 NAL/Acct. No.200332980005 FRN 0001567817 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 30, 2003 By the District Direction, Seattle Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Butterfield Broadcasting Corporation (``Butterfield''), licensee of radio station KULE (AM) in Ephrata, Washington, has apparently willfully and repeatedly violated Section 73.3526(e)(1) of the Commission's Rules (``Rules'') by failing to maintain a copy of the station's authorization in the station's public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended, that Butterfield is apparently liable for forfeiture in the amount of two thousand dollars ($2,000). II. BACKGROUND 2. On May 17, 1999, the Seattle Office
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- of Apparent Liability for Forfeiture (``NAL''), we find Jesse C. Ross and Ernestine A. Ross (``Ross''), licensee of radio station WSAO(AM), Senatobia, Mississippi and owner of the antenna structure at North 34 36' 56'' latitude, West 089 56' 09'' longitude, apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000) for willful violation of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''), and willful and repeated violation of Section 17.4(a) of the Rules. Specifically, we find Ross apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to register its antenna structure, and failing to make all of the required documents of the public inspection file available during regular business hours. II. BACKGROUND 2.
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- Released: October 3, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Wilkins Communications Network, Inc., licensee of AM radio station KLNG, Council Bluffs, Iowa, apparently liable for a forfeiture in the amount of three thousand five hundred dollars ($3,500) for willful violation of Sections 11.61(a) and 73.3526(e)(6) of the Commission's Rules (``Rules''). Specifically, we find Wilkins Communications Network, Inc. apparently liable for failing to transmit EAS tests and for failing to maintain the most recent requests for political time in the public file. II. BACKGROUND 2. On August 15, 2002, an agent from the FCC Enforcement Bureau's Kansas City Field Office inspected radio station KLNG, Council Bluffs,
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- December 12, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Petracom of Joplin, L.L.C. (``Petracom''), licensee of FM radio station KCAR-FM, Galena, Kansas, apparently liable for a forfeiture in the amount of three thousand five hundred dollars ($3,500) for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). Specifically, we find Petracom apparently liable for failing to conduct weekly tests of the Emergency Alert System (``EAS''), and failing to maintain all required material in the station's public inspection file. BACKGROUND On November 7, 2002, an agent of the Commission's Kansas City Office inspected the EAS installation and public file for radio station KCAR-FM,
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- this Notice of Apparent Liability for Forfeiture (``NAL''), we find Union Broadcasting, Inc. (``Union''), licensee of AM Broadcast station KCTE, Independence, Missouri and AM Broadcast station WHB, Kansas City, Missouri, apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of the terms of the KCTE station authorization and Sections 73.1745(a) and 73.3526(c) of the Commission's Rules (``Rules''). Specifically, we find Union Broadcasting, Inc. apparently liable for operation with modes and during hours not specified in the KCTE station authorization and for failure to make the public inspection file available to the public and to the FCC. II. BACKGROUND On October 7, 1999, the FCC, Kansas City Office issued a Notice of Violation
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- APPARENT LIABILITY FOR FORFEITURE Released: April 10, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Clinton Radio Company, licensee of radio stations KDKD and KDKD-FM, apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 11.35(a) and 73.3526(c) of the Commission's Rules (``Rules''). Specifically, we find Clinton Radio Company apparently liable for failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to make available all required contents of the public inspection file during regular business hours. II. BACKGROUND On February 11, 1999, the Kansas City Office issued to Clinton Radio Company a Notice of Violation for
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- ) ) ) File Number: EB-02-BS-114 NAL/Acct. No. 200332260001 FRN: 0004 0757 35 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 29, 2002 By the District Director, Boston Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that FNX Broadcasting, LLC. (``FNX''), licensee of radio station WPHX has apparently violated Sections 73.1125, and 73.3526(b) of the Commission's Rules and Regulations (``Rules''), by failing to staff the main studio, and by failing to maintain the public inspection file at the main studio. We conclude that FNX is apparently liable for forfeiture in the amount of seventeen thousand dollars ($17,000). II. BACKGROUND On May 14, 2002, District Director Vincent Kajunski from the Commission's Boston Office inspected
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- ) ) ) File Number: EB-02-BS-185 NAL/Acct. No. 200332260002 FRN: 0004 0757 35 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 29, 2002 By the District Director, Boston Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that FNX Broadcasting, LLC. (``FNX''), licensee of radio station WPHX-FM has apparently violated Sections 73.1125, and 73.3526(b) of the Commission's Rules and Regulations (``Rules''), by failing to staff the main studio, and by failing to maintain the public inspection file at the main studio. We conclude that FNX is apparently liable for forfeiture in the amount of seventeen thousand dollars ($17,000). II. BACKGROUND On May 14, 2002, District Director Vincent Kajunski from the Commission's Boston Office inspected
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- and red painted sections of the structure. The condition of the paint reduced the visibility of the tower. The agents further determined that the antenna structure was not registered with the Commission. On July 17, 2002, the Columbia Office issued a Notice of Violation to Grass Roots for violation of Sections 11.52(d), 11.61(d), 17.4(a)(2), 17.50, 73.1125(a), 73.1225(d)(1), 73.1545(a), 73.1560(b), 73.1590(b), 73.3526(b) and 73.3526(e)(12) of the Rules. In response by letter dated August 5, 2002, Grass Roots stated that the antenna registration issue had been brought to its attention by an FCC inspector in December 2001 and that an FAA study, required before the structure can be registered, commenced on June 20, 2002. Grass Roots stated the previous owner had agreed to
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- No. EB-02-CF-569 ) MRJ, Inc. ) NAL/Acct. No. 200332340002 WWYO ) Pineville, West Virginia ) FRN: 0005-9955-50 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 26, 2002 By the District Director, Columbia Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that MRJ, Inc (``MRJ'') has apparently violated Sections 11.52(a), 17.4, 73.49, and 73.3526(c) of the Commission's Rules (``Rules''), by failing to conduct weekly EAS tests of the EAS header and EOM codes, by failing to register its antenna structure with the Commission, failing to enclose the AM antenna in an effective locked fence, and failing to allow access to the public inspection file. We conclude that MRJ is apparently liable for a forfeiture
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- street to the residence of a station employee. The agent found the employee and completed an inspection. The employee identified himself as the chief engineer. The FCC agent found no management staff presence at the main studio. On December 16, 2002, the Columbia Office issued a Notice of Violation (``NOV'') to JMK for violation of Sections 11.15, 73.49, 73.1125(a), 73.1125(e), 73.3526(c) and 73.3526(e)(12) of the Rules. The NOV was mailed to the address of record. No reply was received to the NOV. On January 17, 2003, the Columbia Office issued a follow up letter to the NOV with a copy of the NOV attached. The letter was mailed to the address of record by certified mail with return receipt requested. The
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- Released: July 22, 2002 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Metro Birch Enterprises, Inc. (``Metro Birch''), licensee of AM radio station KPBA, Pine Bluff, Arkansas, apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(a)(2) of the Commission's Rules (``Rules''). Specifically, we find Metro Birch apparently liable for failing to provide an effective locked fence enclosing the base of the station's antenna tower, and by failing to maintain all required items in the station's public inspection file. II. BACKGROUND 2. On May 21, 2002, an agent from the Commission's New Orleans Field Office inspected station
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- West Virginia ) NAL/Acct. No. 200132360003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 21, 2001 By the District Director, Detroit Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''), the licensee of WCMI(AM), licensed to Ashland, Kentucky, has apparently violated Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1) and 73.3526(e)(12) of the Commission's Rules (``Rules''). Respectively, these Rules require a copy of the most recent antenna impedance measurements be made available upon request by representatives of the FCC, WCMI(AM) be operated according to the terms of the station authorization, a construction permit be filed for modification of transmission system facilities, and, a copy of the current FCC authorization
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- ) Radio Station WDWZ(AM) ) West Point, GA ) File Number EB-01-AT-0040 NAL/Acct. No. 20013248-0001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 16, 2001 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Zachery Broadcasting Company (``Zachery''), licensee of AM broadcast station WDWZ(AM), has apparently violated sections 11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.49, 17.4(a), and 73.49 of the Commission's Rules. Specifically, Zachery failed to maintain emergency alert system (``EAS'') equipment, failed to maintain a public inspection file, failed to maintain the painting and lighting of the station's antenna structure, failed to report and record the outage of the station's antenna structure lights, failed to register the station's antenna structure
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- August 12, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Cumulus Licensing Corp. (``Cumulus''), licensee of FM radio stations KQTP, St. Marys, Kansas, and KWIC, Topeka, Kansas, apparently liable for a forfeiture in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 73.3526(e)(12) of the Commission's Rules (``Rules''). Specifically, we find Cumulus Licensing Corp. apparently liable for failure to maintain required issues-programs listings at both KQTP and KWIC. II. BACKGROUND On July 10, 2002, an agent from the Commission's Kansas City Field Office inspected FM radio stations KQTP and KWIC at the main studio for both stations located in Topeka, Kansas. At the
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- 30, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Hunt Broadcasting Group, Inc. (``Hunt''), licensee of radio stations KPWB AM and FM, Piedmont, Missouri, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) 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''). Specifically, we find Hunt apparently liable for failure to provide an effective locked fence enclosing the base of the station's AM 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 station's public inspection file.
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- 200132940002 1445 West Baseline Rd. ) Case No. EB-00-SD-295 Phoenix, AZ 85041 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 15, 2001 Released: February 15, 2001 By the Enforcement Bureau: San Diego Office INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find KASA Radio Hogar, Inc. (Hogar) has apparently violated Sections 73.54(d), 73.1350(c)(1), 73.1590(a)(6) and 73.3526(a)(2) of the Commission's Rules and Regulations (Rules), by failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection, failure to have the proper monitoring equipment installed at the duty operator position, failure to conduct annual equipment performance measurements and failure to maintain a Public Inspection File. We conclude that Hogar is apparently liable for
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- 12th Street, S.W., Washington, D.C. 20554. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY shall be sent by Certified Mail, Return Receipt Requested, to Cornbelt Broadcasting Co., RR2 Box 117M, Clinton, Illinois 61727-9518. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt District Director Chicago Office 47 C.F.R. 11.35(a), 17.4(g), and 73.49. 47 C.F.R. 73.51, 73.1870(a), 73.3526(e)(5), 73.3526(e)(8), 73.3526(e)(73.51(e)(2), 73.1560(d), and 73.1590(a)(6) 47 C.F.R. 1.80. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate
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- Brockton, MA ) NAL/Acct. No. 200132260001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 8, 2001 By the District Director, Boston Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that RADIO ONE LICENSES INC. (``Radio One''), licensee and operator of WBOT (FM), Brockton, MA, apparently violated Sections 11.35(a), 73.1125(d), 73.1350(c)(1), 73.1800(a), and 73.3526(a)(2) of the Commission's Rules (the ``Rules''). The violations include failure to have operational Emergency Alert System (``EAS'') equipment, failure to conduct and log required EAS tests, failure to establish a local or toll-free telephone number in the community of license, failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power, failure to maintain a station log,
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- December 12, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Petracom of Joplin, L.L.C. (``Petracom''), licensee of FM radio station KCAR-FM, Galena, Kansas, apparently liable for a forfeiture in the amount of three thousand five hundred dollars ($3,500) for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). Specifically, we find Petracom apparently liable for failing to conduct weekly tests of the Emergency Alert System (``EAS''), and failing to maintain all required material in the station's public inspection file. BACKGROUND On November 7, 2002, an agent of the Commission's Kansas City Office inspected the EAS installation and public file for radio station KCAR-FM,
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- FOR FORFEITURE Released: March 11, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Community Broadcasting, Inc. (``Community''), licensee of radio station KCRL-FM, Sunrise Beach, Missouri, apparently liable for a forfeiture in the amount of two thousand five hundred dollars ($2,500) for willful and repeated violation of Section 73.3526(a)(2) of the Commission's Rules (``Rules''). Specifically, we find Community apparently liable for failing to maintain all required material in the station's public inspection file. BACKGROUND On January 29, 2003, an agent of the FCC's Kansas City Office inspected the public file for radio station KCRL-FM, Sunrise Beach, Missouri. The station's public file contained no contour map and no current ownership
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- Tampa Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find RJM Communications, Inc. (``RJM''), licensee of radio station WGSR, Fernandina Beach, Florida, apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 73.1125 and 73.1745(a) of the Commission's Rules (``Rules'') and willful violation of Section 73.3526(c)(1) of the Rules. Specifically, we find RJM Communications, Inc. apparently liable for failure to maintain a presence at its main studio, exceeding authorized nighttime operating power, and failure to make available a public inspection file during regular business hours. II. BACKGROUND RJM is the licensee of AM broadcast station WGSR in Fernandina Beach, Florida. WGSR's station license authorizes daytime power
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- of the EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation.'' There was no EAS equipment installed at the station at the time of inspection and there were no EAS logs to demonstrate that the station had EAS equipment installed prior to the inspection. 47 C.F.R. 73.3526(a)(2): Every permittee or licensee of an AM, FM, TV or Class A TV station in the commercial broadcast services shall maintain a public inspection file at the station's main studio. There was no public inspection file located at the main studio. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules,
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- FORFEITURE Released: October 1, 2002 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Tralyn Broadcasting, Inc. (``Tralyn''), licensee of AM radio station WIGG, Wiggins, Mississippi, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for repeated and willful violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). Specifically, we find Tralyn apparently liable for failing to conduct weekly tests of the Emergency Alert System (``EAS''), and failing to maintain all required material in the station's public inspection file. II. BACKGROUND 2. On August 13, 2002, an agent from the FCC Enforcement Bureau's New Orleans Field Office inspected station WIGG(AM) in Wiggins, Mississippi.
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- LIABILITY FOR FORFEITURE Released: April 14, 2003 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Marion R. Williams (``Williams''), licensee of AM radio station WONG, Canton, Mississippi, apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(c)(1) of the Commission's Rules (``Rules''). Specifically, we find Williams apparently liable for failing to enclose the station's antenna tower within an effective locked fence or other enclosure and failing to make most required items in the station's public inspection file available for inspection during regular business hours. II. BACKGROUND 2. On February 26, 2003, an agent from the FCC Enforcement
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- Tampa Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find RJM Communications, Inc. (``RJM''), licensee of radio station WGSR, Fernandina Beach, Florida, apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 73.1125 and 73.1745(a) of the Commission's Rules (``Rules'') and willful violation of Section 73.3526(c)(1) of the Rules. Specifically, we find RJM Communications, Inc. apparently liable for failure to maintain a presence at its main studio, exceeding authorized nighttime operating power, and failure to make available a public inspection file during regular business hours. II. BACKGROUND RJM is the licensee of AM broadcast station WGSR in Fernandina Beach, Florida. WGSR's station license authorizes daytime power
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- ) WGRM-FM ) File No. EB-01-OR-052 Greenwood, Mississippi ) NAL/Acct. No. 200132620004 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 3, 2001 By the Enforcement Bureau, New Orleans Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find Willis Broadcasting Corporation (``Willis''), licensee of FM broadcast station WGRM-FM, apparently violated Sections 1.89(b), 11.35(a), 17.4(a)(2), and 73.3526(c) of the Commission's Rules (``Rules'') by failing to respond to Commission correspondence, failing to ensure that Emergency Alert System (``EAS'') equipment was installed and operating, failing to register an existing antenna structure by July 1, 1998, and failing to ensure that the station's public inspection file was available at all times during normal business hours. We conclude that Willis is
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- Broadcasting, Ltd. KTRY-FM Bastrop, Louisiana ) ) ) ) ) ) ) File Number EB-01-OR-212 NAL/Acct.No. 200232620002 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 27, 2001 By the Enforcement Bureau, New Orleans Field Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that Jamie Patrick Broadcasting, Ltd. (``Jamie Patrick'') apparently violated Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Commission's Rules (``Rules'') by failing to respond to Commission correspondence, failing to install and operate Emergency Alert System (``EAS'') equipment, and failing to maintain a public inspection file. We conclude that Jamie Patrick is apparently liable for a forfeiture in the amount of twenty-two thousand dollars ($22,000). II. BACKGROUND On July 11, 2001, an agent from the New
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- San Juan Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Radio X Broadcasting Corp., licensee of radio station WXLX, Lajas, Puerto Rico, and owner of antenna structure registration #1043256 near Cabo Rojo, Puerto Rico, apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000) for willful violation of Section(s) 17.50 and 73.3526(b) of the Commission's Rules (``Rules''). Specifically, we find Radio X Broadcasting Corp. apparently liable for failure to clean and repaint its antenna structure to maintain good visibility and for not maintaining the station's public inspection file at the main studio. II. BACKGROUND On August 21, 2002, agents of the Commission's San Juan Office inspected the antenna structure bearing FCC antenna
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- Juan, PR 00918-1731 Renacer Broadcasters Corp. File No.: EB-03-SJ-054 POB 1061 NOV/Acct. No.: V20043268001 Hormigueros, PR 00660 Released: October 14, 2003 NOTICE OF VIOLATION Corrected Copy On September 18, 2003, agents of the FCC's San Juan Office, inspected broadcast radio station WRRH located at state road #2, Km. 160.8, Hormigueros, PR , and observed the following violation(s): 47 C.F.R. 73.3526(c): The station's public inspection file shall be available for public inspection at any time during regular business hours. At the time of inspection, 1:20 PM AST, the following contents of the file were not available for inspection: copy of the service contour map, copy of the most recent ownership report, letters and emails from the public, and the issues-programs listing.
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- 16, 2003 By the Enforcement Bureau, Tampa Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Blountstown Communications, Inc. (``Blountstown''), licensee of AM radio station WYBT and FM radio station WPHK, Blountstown, Florida, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 11.35, 73.49 and 73.3526(c) of the Commission's Rules (``Rules''). Specifically, we find Blountstown apparently liable for failing to ensure that the Emergency Alert System (``EAS'') equipment was operational, failing to enclose the base of the antenna system with a fence and failing to make available a complete public file. II. BACKGROUND 2. On April 7, 2003, agents from the FCC Enforcement Bureau's Tampa Field
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- Kentucky, and observed the following violation(s): 47 C.F.R. 11.52(d): ``Broadcast stations ... must monitor two EAS sources. The monitoring assignments of each broadcast station ... are specified in the State EAS Plan and FCC Mapbook. They are also developed in accordance with FCC monitoring priorities...'' At the time of inspection, WEKC was monitoring one EAS source. 47 C.F.R. 73.3526(e)(5): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...Ownership reports and related material. A copy of the most recent, complete ownership report filed with the FCC for the station...'' At the time of inspection, no ownership reports were in the public inspection file. 47 C.F.R. 73.3526(e)(8): ``Contents of the file.
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- At the time of inspection, one EAS source was being monitored. 47 C.F.R. 11.61(a)(2)(i)(A): ``Tests of EAS procedures...Required Weekly Tests:...AM, FM and TV stations must conduct tests...at least once each week and at random days and times...'' During the six week period from November 2, 2003 to December 13, 2003, only two EAS tests were sent. 47 C.F.R. 73.3526(e)(5): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station...'' At the time of inspection, no ownership reports were in the public inspection file. 47 C.F.R. 73.3526(e)(6): ``Contents of the file.
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- At the time of inspection, the incorrect EAS sources were being monitored. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period from November 2, 2003 to December 13, 2003, there were no entries of EAS received tests 47 C.F.R. 73.3526(e)(8): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...The public and broadcasting. At all times, a copy of the most recent version of the manual entitled ``The Public and Broadcasting.'' At the time of inspection, there was no copy of ``The Public and Broadcasting'' in the public inspection file. 47 C.F.R.
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- of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive...'' During the period from November 2, 2003 to December 13, 2003, there was no review of the station logs by the chief operator. 47 C.F.R. 73.3526(c): ``Local public inspection file of commercial stations...Access to material in the file. (1) The file shall be available for public inspection at any time during regular business hours...'' At the time of inspection, the public file was not made available. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Pine
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- File No. EB-03-CF-334 ) JMK Communications, Inc. ) NAL/Acct. No. 200432340004 WPWC ) Dumfries-Triangle, VA ) FRN: 0006-1615-09 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 4, 2004 By the District Director, Columbia Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that JMK Communications, Inc. (``JMK'') has apparently violated Sections 11.35(a), 73.1745(a), 73.3526(e)(5) and 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to insure that EAS monitoring and transmitting functions are available and operational during the times the station is in operation, operating with unauthorized times and modes, and failing to place the most current ownership report, written comments and suggestions from the public and a list of programs that have provided the
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- LIABILITY FOR FORFEITURE Released: March 5, 2004 By the Enforcement Bureau, Tampa Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Rama Communications, Inc. (``Rama''), licensee of radio station WLAA, Winter Garden, Florida, apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''). Specifically, we find Rama Communications, Inc. apparently liable for failure to have the Emergency Alert System (``EAS'') transmitting functions available during times the station is in operation, and failure to make available upon request the complete public inspection file during regular business hours. II. BACKGROUND On June 3, 2003, the FCC Enforcement Bureau's Tampa Office
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- of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive...'' During the period September 28, 2003 through January 31, 2004, there was no review of the station logs by the chief operator. g. 47 C.F.R. 73.3526(e)(5): ``Local public inspection file of commercial stations...Contents of the file. The material to be retained in the public inspection file is as follows:...Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate and together
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- APPARENT LIABILITY FOR FORFEITURE Released: March 8, 2004 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Citadel Broadcasting Company (``Citadel''), licensee of radio station KSYY(FM), Kingfisher, Oklahoma, apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000) for willful and repeated violation of Sections 73.1125(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''). Specifically, we find Citadel Broadcasting Company apparently liable for failing to maintain a presence at the station's main studio and failing to make available for inspection all of the required material in the station's public inspection file. II. BACKGROUND On June 6, 2002, the FCC Enforcement Bureau's Dallas Field Office (``Dallas Office'') received a complaint
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- the Enforcement Bureau, Norfolk Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find First Media Radio, LLC (``First Media''), licensee of AM radio station WWDR, and FM radio station WDLZ, Murfreesboro, North Carolina, apparently liable for a forfeiture in the amount of six thousand dollars ($6,000) for willful and repeated violation of Sections 73.1560(a)(1) and 73.3526(c)(1) of the Commission's Rules (``Rules''). Specifically, we find First Media apparently liable for operating AM radio station WWDR in excess of authorized power and for failing to make available for inspection the complete public inspection file. II. BACKGROUND First Media Radio, LLC is the licensee of WWDR and WDLZ. WWDR and WDLZ are authorized to broadcast in Murfreesboro, North Carolina.
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- APPARENT LIABILITY FOR FORFEITURE Released: April 7, 2004 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find EICB-TV, LLC (``EICB''), licensee of KUOT-CA Class A television station, Oklahoma City, Oklahoma, apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 73.3526(c)(1) of the Commission's Rules (``Rules''). Specifically, we find EICB-TV, LLC apparently liable for failure to make available for inspection all of the required material in the station's public inspection file. II. BACKGROUND On September 9, 2002, the FCC Enforcement Bureau's Dallas Field Office (``Dallas Office'') received a complaint alleging KKCC-LP was not in compliance with the Commission's Rules for Class
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- By the District Director, Kansas City Office, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Eagle Communications, Inc. On April 8, 2004, an agent of the Commission's Kansas City Office inspected FM Broadcast radio station KHOK, located at Hoisington, Kansas and observed the following violation: a. 47 C.F.R. 73.3526(e)(12): Commercial broadcast stations, are to compile and file every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter. The list shall include a brief narrative describing what
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- both receiving and transmitting EAS activations. According to 47 C.F.R. 11.51(j): Broadcast stations that are co-owned and co-located with a combined studio or control facility, may provide the EAS transmitting requirements contained in this section for the combined stations. Since KBGL is not co-owned, then Hull Broadcasting, Inc. is required to maintain their own EAS equipment. b. 47 C.F.R. 73.3526(e)(12): Commercial broadcast stations, are to compile and file every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter. The list shall include a brief narrative describing what
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- time of the inspection the station logs did not indicate why EAS tests had not been sent or received. The logs also did not indicate why the station was only monitoring one source instead of the required two sources. The station EAS logs that were reviewed at the time of the inspection were from 12/28/03 through 4/10/04. 47 C.F.R. 73.3526(b): The public inspection file shall be maintained at the main studio of the station. At the time of inspection the public file was not maintained at the main studio. The public file was located at the Wamego Kansas Public Library and was not up to date. The latest item placed in the public file was the issues/programs list for the
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- Juan Office, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Radio 95, Inc., licensee of radio station WJKC(FM). On April 21, 2004, an agent of the Commission's San Juan Office inspected radio station WJKC(FM) located at 5000 Anchors Way, Christiansted, VI, and observed the following violation(s): 47 C.F.R. 73.3526(c)(1): The station's public inspection file shall be available for public inspection at any time during regular business hours. At the time of inspection the following contents of the file were not available for inspection: The last three quarterly reports of 2003 of the issues-programs listing. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89
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- or a remote control system to control the transmission system parameters after 9:00 P.M. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection, the station did not have a written designation of the chief operator. 47 C.F.R 73.3526(e)(5): ``Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material.'' At the time of inspection, the most recent owner ship report was not available. 47 C.F.R 73.3526(e)
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- not indicate why EAS tests had not been received or sent. The logs also did not indicate why the station was only monitoring one source instead of the required two sources. With this response provide why this station was not monitoring the secondary source of EAS tests and also why EAS tests were not logged as required. 47 C.F.R. 73.3526(e)(5): A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the
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- FORFEITURE Released: June 10, 2004 By the Enforcement Bureau, South Central Region, San Juan Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find HQ-103, Inc. (``HQ''), licensee of radio station WDIN Camuy, Puerto Rico, apparently liable for forfeiture in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section(s) 73.1125(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''). Specifically, we find HQ apparently liable for failing to maintain a presence at the station's main studio and failing to make available for inspection all of the required materials in the station's public inspection file. II. BACKGROUND On November 20, 2003, the FCC Enforcement Bureau's San Juan Office (``San Juan Office'') received a complaint of
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- Central Region, Enforcement Bureau: introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find The Paradise Network of North Carolina, Inc. (``TPN''), licensee of AM radio stations WHNC, Henderson, North Carolina and WCBQ, Oxford, North Carolina, apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35 and 73.3526(c)(1) of the Commission's Rules (``Rules''). Specifically, we find TPN apparently liable for failure to install and maintain EAS equipment and for failure to make available for inspection the complete public inspection file. background On April 19, 2004, an agent of the Enforcement Bureau's Norfolk Office (``Norfolk Office'') conducted an inspection of the co-located main studios of WHNC and WCBQ in
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- Central Region, Enforcement Bureau: introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find The Paradise Network of North Carolina, Inc. (``TPN''), licensee of AM radio stations WHNC, Henderson, North Carolina and WCBQ, Oxford, North Carolina, apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35 and 73.3526(c)(1) of the Commission's Rules (``Rules''). Specifically, we find TPN apparently liable for failure to install and maintain EAS equipment and for failure to make available for inspection the complete public inspection file. background On April 19, 2004, an agent of the Enforcement Bureau's Norfolk Office (``Norfolk Office'') conducted an inspection of the co-located main studios of WHNC and WCBQ in
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- 21, 2004 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Jason Konarz (``Konarz''), licensee of radio station WQMA(AM), Marks, Mississippi, apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Sections 11.35(a), 73.1745(a) and 73.3526(c) of the Commission's Rules (``Rules''). Specifically, we find Konarz apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment, operating with excessive power and then 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. background 2. On May 11, 2004, an agent of
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- Director, Kansas City Office, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Colins Broadcasting Company, licensee of television station KSNB-TV. On May 12, 2004, an agent of the Commission's Kansas City Office inspected television station KSNB-TV , licensed to Superior, NE, and observed the following violation: 47 C.F.R. 73.3526(b): ``The public inspection file shall be maintained at the main studio of the station''. At the time of inspection, the public file was not at the main studio. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Colins Broadcasting Company, must submit a written statement concerning this matter within 20
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- NAL/Acct. No. 200432340005 FRN: 0007 3402 01 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 2, 2004 By the District Director, Columbia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Snow Hill Broadcasting, L.L.C. (``Snow Hill''), licensee of station WQMR, in Snow Hill, Maryland, apparently willfully and repeatedly violated Sections 73.3526(e)(6), 73.3526(e)(8), 73.3526(e)(9), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
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- and observed the following violations: 47 C.F.R 11.15 ``A copy of the [EAS Operating] Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty, and immediately available to staff responsible for authenticating messages and initiating actions.'' During the inspection, the EAS Handbook was not available. 47 C.F.R. 73.3526(e)(8) ``[Every permittee or licensee of an AM, FM or Class A TV station in the commercial broadcast services shall maintain a public inspection file containing] at all times, a copy of the most recent version of the manual entitled ``The Public & Broadcasting.'' At the time of inspection, ``The Public and Broadcasting'' manual was not available in the public inspection
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- logs were available at the time of the inspection. 47 C.F.R. 73.1870 (b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, no chief operator designation was posted with the license, or otherwise available for review by the inspectors. 47 C.F.R. 73.3526 (e)(8): ``The public and Broadcasting. At all times, a copy of the most recent version of the manual entitled ``The public and broadcasting.'' At the time of inspection a copy of the manual ``The Public and Broadcasting'' was not available. 47 C.F.R. 73.3526 (e)(12): ``Radio issues/programs list. For commercial AM and FM broadcast stations, every three months a list
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- Office, South Central Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Birach Broadcasting Corp., licensee of radio station WEW. On March 1, 2005, an agent of the Commission's Kansas City Office inspected radio station WEW located in St. Louis, Missouri, and observed the following violation(s): 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter... The list shall include a brief narrative describing what issues
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- District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Twenty-One Sound Communications, Inc. (``Twenty-One Sound''), licensee of Station KNSX(FM) in Steelville, Missouri, apparently liable for a forfeiture in the amount of twenty five thousand dollars ($25,000) for willful and repeated violation of Sections 11.35(a), 73.1125(a) and 73.3526(a) of the Commission's Rules (``Rules''). Specifically, we find Twenty-One Sound apparently liable for failing to maintain Emergency Alert System (``EAS'') equipment in operational readiness condition, failing to maintain a main studio, and failing to maintain a public inspection file consistent with the Rules. II. BACKGROUND On March 1, 2005, an agent with the Commission's Kansas City Office of the Enforcement
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- following duties ... Review of the station records at least once each week to determine if required entries are being made correctly ... Upon completion of the review, the chief operator or his designee must date and sign the log.'' At the time of the inspection, the Chief Operator was not reviewing or signing the station log. 47 C.F.R. 73.3526(e)(12): Radio Issues/programs List. ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter.'' At the time of the inspection, the
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- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the following items were missing from the WURB(FM) public inspection file: A copy of the current FCC authorization. ( 73.3526(e)(1)) Letters and e-mail from the public. ( 73.3526(e)(9)) Radio issues/programs lists. ( 73.3526(e)(12)) Pursuant to Section
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- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the following items were missing from the public inspection file of Station WBTE(AM): A copy of the current FCC authorization. ( 73.3526(e)(1)) Contour maps. ( 73.3526(e)(4)) Ownership reports and related materials. ( 73.3526(e)(5)) Political file. (
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- Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Bustos Media of Oregon License, LLC, (``Bustos'') licensee of radio station KGDD(AM), licensed to Oregon City, Oregon. On July 7, 2005, an agent of the Commission's Portland Office inspected radio station KGDD(AM) and observed the following violation: 47 C.F.R. 73.3526(e)(1): A copy of the current FCC authorization must be retained in the public inspection file. At the time of inspection, no current authorization was available. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Bustos Media of Oregon License, LLC , must submit a written statement concerning this matter within
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- District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Maria L. Salazar, licensee of station KTCM, in Kingman, Kansas, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to maintain operational emergency alert system (``EAS'') equipment and apparently willfully violated Section 73.3526(e) of the 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 Ms. Salazar is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND 2. On March 17, 2005, an agent from the Kansas City Office inspected station KTCM's
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- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the following items were missing from the public inspection file for Station WBXB(FM): A copy of the current FCC authorization. ( 73.3526(e)(1)) Letters and e-mail from the public. ( 73.3526(e)(9)) Radio issues/programs lists. ( 73.3526(e)(12)) Pursuant
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- request must be made available during that time to duly authorized representatives of the FCC.'' The station stated that it recently replaced its main transmitter, but did not have any record of the replacement. Equipment Performance Measurements failed to identify (e.g., by providing the manufacturer, FCCID, model number and serial number of) the transmitter that was tested. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the following items were missing from the public inspection file of Station WHFD(FM): A copy of the current FCC authorization. ( 73.3526(e)(1)) Contour maps. ( 73.3526(e)(4)) Ownership reports and related materials. ( 73.3526(e)(5)) Political file. (
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- File Number: EB-04-DT-391 NAL/Acct. No: 200532360003 FRN 0007 9211 90 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 26, 2005 By the District Director, Detroit Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Gerald Parks (``Parks''), licensee of AM Radio Station WEKC, has apparently willfully and repeatedly violated Sections 17.4(a), 73.3526(e)(4), and 73.3526(e)(12) of the Commission's Rules (``the Rules''). These noted violations involve Parks's failure to register the antenna structure and failure to maintain in the public inspection file a service contour map and issues/programs lists. We conclude, pursuant to Section 503(b) of the Act, that Parks is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000).
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- station as determined by the procedures specified in 73.51 must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating with 111% of the authorized power of 540 watts. f. 47 C.F.R. 73.3526(e)(5): The public inspection file shall contain ``[a] copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material.'' At the time of inspection, no ownership reports or certifying statements were available. g. 47 C.F.R.
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- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of the inspection, no issues-programs listings were found in the station's public inspection file as required by 73.3526(e)(12) for the third and fourth quarters of 2004. Pursuant to Section 308(b) of the Communications Act of 1934, as
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- 73.1820(a)(1)(iii): Entries must be made in the station log, including ``an entry of each test and activation of the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook.'' At the time of the inspection, there were no entries for monthly or weekly EAS tests. c. 47 C. F. R. 73.3526(c)(1): The public inspection file ``shall be available for public inspection at any time during regular business hours.'' Portions of the public inspection file were not available, including letters and e-mail comments from the public, and the issues/ programs lists. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Rules, R & M
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- 0009590217 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 30, 2005 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that GB Enterprises Communications Corp (``GB Enterprises''), licensee of radio station WHNR-AM, in Cypress Gardens, Florida, apparently willfully and repeatedly violated Sections 73.49 and 73.3526 of the Commission's Rules (``Rules'') by failing to enclose its antenna structures within effective locked fences and 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 GB Enterprises is apparently liable for a forfeiture in the amount of ten thousand five hundred dollars ($10,500). II.
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- the last 14 months. 47 C.F.R. 73.1820(a)(1)(iii): ``An entry [must be made in the station log] of each test and activation of the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook.'' The station log had no entries for EAS tests received after September 3, 2004. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of the inspection, no issues-programs listings were found in the station's public inspection file as required by 73.3526(e)(12). Station management stated they were unaware of the requirement to maintain such a list. Pursuant to Section 308(b) of
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- failing to maintain Emergency Alert System (``EAS'') equipment in operational condition, failing to file FCC Form 302-FM (``license application'') requesting program test authority (``PTA'') prior to operating its station with a directional antenna, and failing to operate within the terms of the station's broadcast and studio transmitter link (``STL'') authorizations. We also find that Southern Media apparently willfully violated Section 73.3526(e) of the Rules by failing to maintain a complete public inspection file. In addition, we admonish Southern Media for its violation of Section 73.1125(a) of the Rules by failing to comply with the main studio location requirements. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Southern Media is apparently liable for a
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- FRN 0010555654 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 25, 2005 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA, in Vega Baja, Puerto Rico, apparently willfully violated Sections 73.49 and 73.3526(e) of the Commission's Rules (``Rules'') by failing to enclose an antenna tower having radio frequency potential at the base within an effective locked fence and failing to maintain a complete public inspection file and apparently willfully and repeatedly violated Section 73.1350(a) of the Rules by failing to operate the station in accordance with the terms of the station authorization. We
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- Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Birmingham Christian Radio, Inc. (``BCR''), licensee of station WNUZ in Talladega, Alabama, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to maintain operational Emergency Alert System (``EAS'') equipment, and apparently willfully violated Section 73.3526(c) of the Rules by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that BCR is apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000). BACKGROUND On March 7, 2005, an agent from the Commission's Atlanta Office of the Enforcement Bureau
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262292A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262292A1.pdf
- ) ) EB-05-NF-016 NAL/Acct. No.: 200632640001 FRN: 0006151708 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 18, 2005 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Willis Broadcasting Corporation (``Willis''), licensee of station WURB(FM) in Windsor, North Carolina, apparently willfully violated Sections 73.1560(b) and 73.3526(a) of the Commission's Rules (``Rules'') by operating overpower and failing to make its complete public inspection file available for inspection during regular business hours. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Willis is apparently liable for forfeiture in the amount of six thousand dollars ($6,000). BACKGROUND On March 15, 2005, a
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- EB-05-NF-014 NAL/Acct. No. 200632640002 FRN 0009042896 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 18, 2005 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Willis Broadcasting Corporation (``Willis''), licensee of AM station WBTE in Windsor, North Carolina, apparently willfully violated Sections 73.1560(a)(1) and 73.3526(c) of the Commission's Rules (``Rules'') by failing to maintain its authorized antenna input power and failing to make material required to be in the public file available for inspection. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Willis is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).
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- OF LICENSE GRANTED , GALLATIN 1130 KHZ E TN Voluntary Assignment of License From: JON GARY ENTERPRISES, INC. To: IGLESIA DE DIOS HISPANA PENTECOSTAL DE NASHVILLE TENNESSEE Form 314 JON GARY ENTERPRISES, INC. WYXE 3424 BAL-20050728ALJ TN AM STATION APPLICATIONS FOR RENEWAL GRANTED , GALLATIN 1130 KHZ E TN Renewal of License Amendment filed 06/09/2005 NAL for violation of Sections 73.3526 and 73.3539 issued, license renewal application granted per letter ref. 1800B3 on 12-13-05. JON GARY ENTERPRISES, INC. WYXE 3424 BR-20040716ACD TN DIGITAL TV APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT GRANTED , RIVERHEAD CHAN-57 E NY Modification of construction permit file number BMPCDT-20000501AAL. WLNY-TV, INC. WLNY-DT 73206 BMPCDT-20051201BIN NY Page 6 of 13 Broadcast Actions 12/16/2005 PUBLIC NOTICEFederal Communications
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- APPARENT LIABILITY FOR FORFEITURE Released: March 3, 2006 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 127, Inc., licensee of station KLFJ, in Springfield, Missouri, apparently willfully and repeatedly violated Sections 73.1125(a) and 73.1745 of the Commission's Rules (``Rules''), and willfully violated Section 73.3526(a) of the Rules by failing to maintain a main studio, operating overpower during nighttime hours and not providing access to a public file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that 127, Inc. is apparently liable for a forfeiture in the amount of twenty one thousand dollars ($21,000). BACKGROUND On December 13,
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- NAL/Acct. No. 200632940003 FRN: 0007276561 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 14, 2006 By the District Director, San Diego District Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cortaro Broadcasting Corporation (``Cortaro''), the licensee of AM station KCKY, in Coolidge, Arizona, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (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 KCKY is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND On August 9, 2005, an agent of the Enforcement Bureau's San Diego Office
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264509A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264509A1.pdf
- FRN: 0005014667 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 20, 2006 By the District Director, San Diego Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that KM Television of Flagstaff, L.L.C. (``KM TV''), the licensee of Television Broadcast station KCFG serving Flagstaff, Arizona, apparently willfully and repeatedly violated Sections 73.3526 of the Commission's Rules (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 KM Television of Flagstaff, L.L.C. is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND On August 11, 2005, an agent of the Enforcement
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- OF APPARENT LIABILITY FOR FORFEITURE Released: March 27, 2006 By the District Director, San Diego Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Entravision Holdings, LLC ("Entravision"), licensee of stations KMXX(FM), serving Imperial, California, KWST(AM), serving El Centro, California, and KSEH(FM), serving Brawley, California, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete public inspection file for each station. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Entravision is apparently liable for a forfeiture in the amount twelve thousand dollars ($12,000). BACKGROUND On November 29, 2005, an agent from the Enforcement Bureau's San Diego
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265427A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265427A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265427A1.txt
- Content-Type: text/plain Content-Transfer-Encoding: 8bit , Report No. 2772 May 19, 2006 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REFERENCE INFORMATION CENTER ------------------------------------------------------------------------ ------------------------------------------------------------------ RM NO. RULES SEC. PETITIONER DATE RECEIVED NATURE OF PETITION 11332 73.3526 David Tillotson 01/11/2006 Amendment of Sections 73.3526 and 73.3527 73.3527 of Commission's Rules (the (Filed By: David Tillotson Public Files Rules) Law Office of David Tillotson 4606 Charleston Terrace, N.W. Washington, DC 20007) ------------------------------------------------------------------------ ------------------------------------------------------------------------ ------------------ FCC PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY
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- EB-06-SJ-006 NAL/Acct. No.200632680002 FRN 0004504486 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 25, 2006 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that New Life Broadcasting, Inc. (``New Life''), licensee of FM radio station WBRQ, in Cidra, Puerto Rico, apparently willfully violated Section 73.3526 of the Commission's Rules (``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 New Life is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On February 8, 2006, agents from the Commission's San Juan Office of the
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- File Number EB-06-SJ-019 NAL/Acct. No.200632680003 FRN 005009519 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 25, 2006 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Dominga Barreto (``Barreto''), licensee of AM radio station WWNA, licensed to Aguadilla, Puerto Rico, apparently willfully violated Section 73.3526 of the Commission's Rules (``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 Barreto is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On April 6, 2006, agents from the Commission's San Juan Office of the Enforcement
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- Number EB-06-SJ-005 NAL/Acct. No.200632680004 FRN 0008032708 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 3, 2006 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Hacienda San Eladio, Inc. (``Hacienda''), licensee of AM radio station WRRE, in Juncos, Puerto Rico, apparently willfully violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a complete public inspection file and apparently willfully and repeatedly violated Section 73.1350(a) of the Rules by failing to operate the station in accordance with the terms of the station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Hacienda is apparently liable
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- AM stations, with not more than 14 months between measurements.'' The equipment performance measurements were not available and there was no evidence that they had ever been conducted. 47 C.F.R. 73.1800 (a): ``The licensee of each station must maintain a station log as required by 73.1820.'' No station log was available at the time of inspection. 47 C.F.R. 73.3526(e)(13): ``Local public notice announcements.'' No record of local public notice announcements were found in the Public File at the time of inspection. 47 C.F.R. 73.3613 (d)(1): ``Each licensee or permittee of a commercial or noncommercial AM, FM, TV or International broadcast station shall file with the FCC copies of the following contracts...'' ``Time brokerage agreements (also known as local
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- Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to NBC Telemundo License Co., licensee of television station KEJT-LP in Salt Lake City, Utah. On April 28, 2006, agents of the Enforcement Bureau's Denver Office inspected station KEJT-LP located in Murray, Utah, and observed the following violation(s): 47 C.F.R. 73.3526(e)(4): "A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding the station."
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- Director, Denver Office, Western Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Airwaves, Inc., licensee of television station KULX-CA in Ogden, Utah. On April 28, 2006, agents of the Enforcement Bureau's Denver Office inspected station KULX-CA located in Murray, Utah, and observed the following violation(s): 47 C.F.R. 73.3526(e)(4): "A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding the station."
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- No. 200632380006 FRN 0006161855 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 12, 2006 By the District, New York Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Access.1 New York License Company, LLC (``Access.1''), the licensee of AM station WWRL in Secaucus, New Jersey, apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain a radio issues/programs list in the station's public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Access.1 is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). We also admonish Access.1 for failing to maintain the field
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- 200632380007 FRN 0003 7763 90 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 19, 2006 By the District, New York Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Frank R. Truatt, the licensee of AM station WTBQ in Warwick, New York, apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Truatt is apparently liable for
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- APPARENT LIABILITY FOR FORFEITURE Released: August 9, 2006 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Una Vez Mas Las Vegas License, LLC. (``Una Vez''), licensee of Class A Television Broadcast station KHDF-CA serving Las Vegas, Nevada, apparently willfully and repeatedly violated Sections 73.3526 of the Commission's Rules (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 Una Vez Mas Las Vegas License, LLC, is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND On May 16, 2006, an agent of
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- EB-06-ST-118 NAL/Acct. No. 200632980004 FRN: 0003791456 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 23, 2006 By the District Director, Seattle District Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that KITZ Radio Inc. (``KITZ Radio''), the licensee of station KITZ(AM), in Silverdale, Washington, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (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 KITZ Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND On May 24, 2006, an agent of the Enforcement Bureau's Seattle Office
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- No. 200632980005 FRN: 0003791456 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 1, 2006 By the Acting District Director, Seattle District Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that KITZ Radio Inc. (``KITZ Radio''), the licensee of AM station KGTK, in Olympia, Washington, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (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 KITZ Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND On May 24, 2006, an agent of the Enforcement Bureau's Seattle Office
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- Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Carrelo Candido, licensee of AM radio station WFNW, Naugatuk, CT. On June 27, 2006, an agent of the Commission's Boston Office inspected radio station WFNW located at Mallane Lane, Naugatuck, CT, and observed the following violations: a. 47 C.F.R. 73.3526(e)(5): Every licensee of a commercial broadcast station must maintain in its public inspection file "[a] copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete
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- NAL/Acct. No.: 200732640001 FRN: 8733727 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 20, 2006 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Ora Roberts Smallwood, III, the licensee of AM radio station WCRR in Rural Retreat, Virginia, apparently willfully violated Sections 11.35 and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain operational receiving equipment for required Emergency Alert System (``EAS'') monitoring functions and by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Mr. Smallwood is apparently liable for a forfeiture in the amount of eighteen
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- ) ) File Number: EB-06-TP-119 NAL/Acct. No.:200732700003 FRN: 0002834810 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 25, 2006 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cumulus Licensing, LLC (``Cumulus''), licensee of station WWLD, Cairo, GA, apparently willfully violated Sections 73.1350(b)(2) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a control system that provides personnel the capability to continuously control the transmitter and failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Cumulus is apparently liable for a forfeiture in the amount of seven
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- In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Flagship Communications, Inc. (``Flagship''), the licensee of AM radio station WNWF in Destin, Florida, apparently willfully and repeatedly violated Section 17.57 of the Commission's Rules (``Rules'') by failing to notify the Commission of a change in ownership information for antenna structure # 1226311 and apparently willfully violated Section 73.3526 of the Rules by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Flagship is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). BACKGROUND On November 30, 2005, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa
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- NAL/Acct. No.200732680004 FRN 0010555654 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 29, 2006 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA, in Vega Baja, Puerto Rico, apparently willfully violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that A Radio is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND On August 22, 2006, in response to a complaint, agents from the
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- FRN: 0005031349 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 4, 2006 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that MBR Licensee, LLC (``MBR''), licensee of station KIQQ(AM) in Barstow, California and station KIQQ-FM in Newberry Springs, California, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a complete public inspection file, including a political file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that MBR is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On May 2, 2006, an agent from the Enforcement Bureau's
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- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to First Broadcasting of Nevada, Inc., licensee of radio station KXTO, in Reno, Nevada. On September 15, 2006, an agent of the Enforcement Bureau's San Francisco Office inspected radio station KXTO located at 2580 Wrondel, Reno, Nevada, and observed the following violations: 47 C.F.R., 73.3526(e)(1) ``A copy of the current FCC authorization to construct or operate the station, as well as any other documents to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization [...].'' At the time of inspection, the public file did not contain a copy
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- paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook.'' At the time of inspection, a review of the station's EAS log revealed that all tests after July 3, 2006 were entered in an identical fashion. This resulted in no record of the station receiving or transmitting any monthly tests. 47 C.F.R. 73.3526(e)(4) ``Contour Maps. A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate, information, regarding
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- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 28, 2006 By the District Director, San Diego Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Multicultural Radio Broadcasting Licensee, LLC (``Multicultural Radio''), the licensee of station KQTL, an AM Broadcast Radio serving Sahuarita, Arizona, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``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 KQTL is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND On August 17, 2006, an agent of the Enforcement Bureau's San Diego Office
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- is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Sherman Broadcasting Corporation, licensee of radio station WOSO, San Juan, Puerto Rico. On December 7, 2006, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected the main studio for AM station WOSO and observed the following violations: 47 C.F.R. 73.3526(e)(12): ``Local public inspection file of commercial stations... The material to be retained in the public inspection file is as follows: ... (12) Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period.'' During the inspection, at
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- ) ) ) File Number: EB-06-TP-082 NAL/Acct. No.: 200732700006 FRN: 0002834810 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 3, 2007 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cumulus Licensing, LLC (``Cumulus''), licensee of station WHBX, Tallahassee, Florida, apparently willfully violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to make available a complete public inspection file. We also find that Cumulus apparently willfully and repeatedly violated Sections 11.35(a) and 73.1350(b) of the Rules by failing to maintain an Emergency Alert System (``EAS'') capable of transmitting an EAS test and failing to maintain a control system that provides personnel the capability to
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- This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Freedom Communications of Connecticut, Inc (``Freedom''), licensee of radio station WNEZ(AM) in Windsor, Connecticut. On November 15, 2006, agents of the Enforcement Bureau's Boston Office inspected WNEZ located at 330 Main St. in Hartford, CT, and observed the following violation: 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269488A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269488A1.pdf
- Amagansett, NY 11930, observed the following violations: 47 C.F.R. 73.1870(a): ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator.'' At the time of inspection, the agent was informed that stations, WBAZ, WBEA, WEHN, and WEHM, had not designated a chief operator. 47 C.F.R. 73.3526(e)(1): ``A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any related materials
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269886A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269886A1.pdf
- WPGA AM, licensed to Perry, Georgia. On December 5, 2006, an agent of the Commission's Atlanta Office of the Enforcement Bureau inspected the public file of AM radio station WPGA, licensed to Perry, Georgia. The studio is located at 1691 Forsyth Street, Macon, Georgia, and is shared with three other stations. The agent observed the following violation: 47 C.F.R. 73.3526(e)(12): ``Radio issues/Programs list. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period should be filed.'' Information regarding programming covering community issues was available at the station, however, such information had not been consolidated in quarterly Issues/Programs lists since
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269887A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269887A1.pdf
- WPGA-FM, licensed to Perry, Georgia. On December 5, 2006, an agent of the Commission's Atlanta Office of the Enforcement Bureau inspected the public file of FM radio station WPGA-FM , licensed to Perry, Georgia. The studio is located at 1691 Forsyth Street, Macon, Georgia, and is shared with three other stations. The agent observed the following violation: 47 C.F.R. 73.3526(e)(12): ``Radio issues/Programs list. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period should be filed.'' Information regarding programming covering community issues was available at the station, however, such information had not been consolidated in quarterly Issues/Programs lists since
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269888A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269888A1.pdf
- station WPGA -TV, licensed to Perry, Georgia. On December 5, 2006, an agent of the Commission's Atlanta Office of the Enforcement Bureau inspected the public file of TV station WPGA-TV, licensed to Perry, Georgia. The studio is located at 1691 Forsyth Street, Macon, Georgia, and is shared with three other stations. The agent observed the following violation: 47 C.F.R. 73.3526(e)(11)(i): ``Issues/Programs list. For commercial TV broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period should be filed.'' Information regarding programming covering community issues was available at the station, however, such information had not been consolidated in quarterly Issues/Programs lists since the second quarter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269889A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269889A1.pdf
- to Radio Peach, Inc., licensee of WNEX AM, Macon, Georgia. On December 5, 2006, an agent of the Commission's Atlanta Office inspected the public file of AM radio station WNEX, Macon, Georgia. The WNEX (AM) studio is located at 1691 Forsyth Street, Macon, Georgia, and is shared with three other stations. The agent observed the following violation: 47 C.F.R. 73.3526(e)(12): ``Radio issues/Programs list. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period should be filed.'' Information regarding programming covering community issues was available at the station, however, such information had not been consolidated in quarterly Issues/Programs lists since
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270268A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270268A1.pdf
- No.: 200732500003 FRN: 0003773140 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 30, 2007 By the Dallas District Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Community Broadcast Group, Inc., (``Community'') licensee of AM Broadcast Radio station KZEY, in Tyler, Texas, apparently willfully and repeatedly violated Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to operate the station in accordance with the station authorization and failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Community is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). BACKGROUND On
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- File Number: EB-07-AT-010 NAL/Acct. No: 200732480007 FRN: 0004333241 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 8, 2007 By the District Director, Atlanta Field Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Fannin County Broadcasting(``Fannin''), licensee of FM radio station WPPL, in Blue Ridge, Georgia, apparently willfully violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Fannin is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On January 17, 2007, agents of the Commission's Atlanta Office of the Enforcement
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- File Number: EB-07-AT-013 NAL/Acct. No.: 200732480004 FRN: 0004333019 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 13, 2007 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Wilson Broadcasting, Inc. (``Wilson''), licensee of station WAGF (AM), in Dothan, Alabama, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a complete inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Wilson is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On January 23, 2007, an agent from the Commission's Atlanta Office of the Enforcement Bureau
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- ) File Number: EB-07-AT-014 NAL/Acct. No.: 200732480005 FRN: 0004333019 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 13, 2007 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Wilson Broadcasting, Inc. (``Wilson''), licensee of station WAGF-FM, in Dothan, Alabama, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a complete inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Wilson is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On January 23, 2007, an agent from the Commission's Atlanta Office of the Enforcement Bureau
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- ) File Number: EB-07-AT-015 NAL/Acct. No.: 200732480006 FRN: 0004333019 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 13, 2007 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Wilson Broadcasting, Inc. (``Wilson''), licensee of station WJJN-FM, in Columbia, Alabama, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a complete inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Wilson is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On January 23, 2007, an agent from the Commission's Atlanta Office of the Enforcement Bureau
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271603A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271603A1.pdf
- received from the designated local primary stations from December 31, 2006 through February 3, 2007, and no record that RWTs had been sent by KPGE and KXAZ from January 7 through February 3, 2007. In addition, there was no record that the required monthly test had been received or transmitted for the month of January 2007. c. 47 C.F.R. 73.3526(e)(5): ``Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which
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- 200732640003 FRN 0010020162 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released March 15, 2007 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that HRN Broadcasting, Inc. (``HRN''), licensee of AM broadcast station WZGM in Black Mountain, North Carolina, apparently willfully and repeatedly violated Sections 73.1745(a) and 73.3526 of the Commission's Rules (``Rules'') by operating with power other than as specified and made a part of its license and by failing to make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that HRN is apparently liable for a forfeiture in the amount of fourteen thousand dollars
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- 2005 found the station operating at reduced power during the day. 47 C.F.R. 73.3615(a): ``[E]ach licensee of a commercial AM ... station shall file an Ownership Report on FCC Form 323 when filing the station's license renewal application and every two years thereafter on the anniversary of the date that its renewal application is required to be filed.'' Section 73.3526(e)(5) requires a copy of the most recent, complete ownership report to be maintained in the station's public inspection file. At the time of inspection, the station's public file only included an incomplete ownership report dated September 24, 2004. As of the inspection, 127, Inc. had not filed an updated ownership report on FCC Form 323. Pursuant to Section 308(b) of
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- to Section 1.89 of the Commission's Rules, to Quetzal Bilingual Communications, Inc. (``Quetzal''), licensee of radio station KURS, San Diego, California. On March 16, 2007, in response to a complaint, an agent of the Enforcement Bureau's San Diego Office inspected KURS, located at 296 H Street, 3rd Floor, Chula Vista, CA, and observed the following violations: a. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272195A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272195A1.pdf
- OF APPARENT LIABILITY FOR FORFEITURE Released: March 30, 2007 By the District Director, Denver Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Hoak Media of Colorado License, LLC ("Hoak Media"), licensee of Class A television broadcast station KGJT-LP, in Grand Junction, Colorado, apparently willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Commission's Rules ("Rules") by failing to ensure the operational readiness of the station's Emergency Alert System ("EAS") equipment, and 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 Hoak Media is apparently liable for a forfeiture in the amount of eight thousand
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- This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Southern Broadcasting Corporation, licensee of radio station WENA, Yauco, Puerto Rico. On March 22, 2007, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected the main studio for AM station WENA and observed the following violations: 47 C.F.R. 73.3526(e): ``Local public inspection file of commercial stations... The material to be retained in the public inspection file is as follows: ... (5) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station... (9) Letters and e-mail from the public. (i) All written comments and suggestions received from the public
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- APPARENT LIABILITY FOR FORFEITURE Released: May 17, 2007 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Lazer Licenses, LLC, (``Lazer''), the licensee of stations KSBQ(AM), Santa Maria, California, KLMM-FM, Morro Bay, California and KLUN-FM, Paso Robles, California, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain complete public inspection files. 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 twelve thousand dollars ($12,000). II. BACKGROUND On March 6, 2007, an agent of the Enforcement Bureau's Los Angeles Office conducted
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- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to MBR Licensee, LLC. (``MBR''), licensee of radio station KAEH, Beaumont, California. On April 25, 2007, an agent of the Enforcement Bureau's San Diego Office inspected KAEH, located at 650 S. E Street, Suite H, San Bernardino, CA, and observed the following violations: a. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
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- stations KPSI-FM, Palm Springs, CA; KDES-FM, Palm Springs, CA; KGAM, Palm Springs, CA; KPTR, Cathedral City, CA; and KPSI, Palm Springs, CA. On March 28, 2007, an agent of the Enforcement Bureau's San Diego Office inspected KPSI-FM, KDES-FM, KGAM, KPTR and KPSI, located at 2100 Tahquitz Canyon Way, Palm Springs, CA, and observed the following violation: a. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Prairie Avenue Gospel Center (``PAGC''), licensee of radio station KHCS, Palm Desert, CA On March 29 2007, an agent of the Enforcement Bureau's San Diego Office inspected KHCS, located at 2341 Duane Road, Palm Springs, CA, and observed the following violation: a. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
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- Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Maude J. Burdette (``Burdette''), licensee of radio station KBUX, Quartzsite, AZ On March 26 2007, an agent of the Enforcement Bureau's San Diego Office inspected KBUX, located at 16031 Camel Drive, Quartzsite, AZ, and observed the following violation: a. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
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- NAL/Acct. No.: 200732700013 FRN: 0005008016 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 6, 2007 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Rama Communications, Inc. (``Rama''), licensee of station WKIQ, in Eustis, Florida, apparently willfully and repeatedly violated Sections 73.1125(a), 73.1350(b)(2) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain full-time managerial and staff personnel at the main studio during normal business hours, failing to maintain the continuous ability to turn its transmitter off, and failing to maintain a complete public inspection file at its main studio. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
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- No: 20073248010 FRN: 0006260467 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 15, 2007 By the District Director, Atlanta Field Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Georgia Eagle Broadcasting, Inc. (``Georgia Eagle''), licensee of AM radio station WCEH, in Hawkinsville, Georgia, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a complete public inspection file and apparently willfully violated Section 73.3526 of the Rules by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Georgia Eagle is apparently liable for a forfeiture in the amount
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- No: 200732480011 FRN: 0006260467 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 15, 2007 By the District Director, Atlanta Field Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Georgia Eagle Broadcasting, Inc. (``Georgia Eagle''), licensee of FM radio station WRPG, in Hawkinsville, Georgia, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a complete public inspection file and apparently willfully violated Section 73.3526 of the Rules by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Georgia Eagle is apparently liable for a forfeiture in the amount
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274291A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274291A1.pdf
- No: 200732480012 FRN: 0006260467 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 15, 2007 By the District Director, Atlanta Field Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Georgia Eagle Broadcasting, Inc. (``Georgia Eagle''), licensee of FM radio station WQXZ, in Pinehurst, Georgia, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a complete public inspection file and apparently willfully violated Section 73.3526 of the Rules by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Georgia Eagle is apparently liable for a forfeiture in the amount
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274348A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274348A1.pdf
- EB-07-DV-057 NAL/Acct. No.: 200732800005 FRN: 0000012898 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 18, 2007 By the District Director, Denver Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Broadcast Entertainment Corporation ("BEC"), former licensee of stations KICA(AM) and KKYC(FM) serving Clovis, New Mexico, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete public inspection file for each station. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that BEC is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND On January 10, 2007, an agent from the Enforcement Bureau's Denver
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- EB-07-HU-009 NAL/Acct. No. 200732540005 FRN: 0005838883 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 10, 2007 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Radio Woodville, Inc. (``Radio Woodville''), licensee of station KVLL-FM, in Wells, Texas, apparently willfully and repeatedly violated Sections 73.1125(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a main studio and by failing to make maintain or make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Radio Woodville is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). BACKGROUND On
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- 200732260004 FRN 0012983367 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 18, 2007 By the District Director of the Boston Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Davidson Media Station WACM Licensee, LLC (``Davidson''), licensee of AM station WACM in West Springfield, Massachusetts, apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain a radio issues/programs list in the station's public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Davidson is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On November 28, 2006, an agent from the Commission's
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- ) ) ) EB-06-NF-046 NAL/Acct. No. 200732640004 FRN 0002068641 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released July 20, 2007 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Radio Wise, Inc. (``Wise''), licensee of AM broadcast station WNVA in Norton, Virginia, apparently willfully violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to make available a complete public inspection file and apparently willfully and repeatedly violated Section 73.3526 of the 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 Wise is apparently liable for a forfeiture in the
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- required weekly test (RWT) for the months of January 2007 through mid April 2007. Furthermore, the station's log did not contain any record of reception of the RWT from a second monitoring source at any time in April 2007. No station log entries were found indicating the reasons why the tests had not been received or sent. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. . . . The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Gulf-California Broadcast Company (Gulf-CA), licensee of Television Broadcast station KESQ-TV, Palm Desert, California. On August 13, 2007, an agent of the Enforcement Bureau's San Diego Office inspected KESQ-TV, located at 42-650 Melanie Place, Palm Desert, California, and observed the following violation: a. 47 C.F.R. 73.3526(e)(11)(i): ``For commercial TV and Class A TV broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. . . . The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not
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- of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Pacific Media Corporation (Pacific Media), licensee of Class A Television station KDFX-CA, Indio/Palm Springs, California. On August 13, 2007, an agent of the Enforcement Bureau's San Diego Office inspected KDFX-CA, located at 42-650 Melanie Place, Palm Desert, California, and observed the following violation: a. 47 C.F.R. 73.3526(e)(11)(i): ``For commercial TV and Class A TV broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. . . . The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not
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- ) ) ) File Numbers: EB-07-OR-061 NAL/Acct. No.: 200832620001 FRN: 0015736143 NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that New World, L.L.C. (``New World''), licensee of station KZTD-AM serving Cabot, Arkansas, 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, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that New World is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On July 17, 2007, in response to a complaint, agents
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- sent by Certified Mail, Return Receipt Requested, and regular mail, to Omni Communications, Inc. at its address of record and to its counsel, John F. Garziglia, Womble, Carlyle, Sandridge & Rice, 1401 Eye Street NW, Seventh Floor, Washington, DC 20005. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office South Central Region Enforcement Bureau 47 C.F.R. 11.35(a) and 73.3526(e)(12). 47 U.S.C. 503(b). Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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- sent by Certified Mail, Return Receipt Requested, and regular mail, to Omni Communications, Inc. at its address of record and to its counsel, John F. Garziglia, Womble, Carlyle, Sandridge & Rice, 1401 Eye Street NW, Seventh Floor, Washington, DC 20005. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office South Central Region Enforcement Bureau 47 C.F.R. 11.35(a) and 73.3526(e)(12). 47 U.S.C. 503(b). Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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- log required to be kept by station licensees shall be retained by them for a period of 2 years. ...'' On May 2, 2007, the station's EAS logs were not available for inspection. Station management stated that their new engineer had emptied the file cabinets, and they did not know what had happened to the station logs. 47 C.F.R. 73.3526(e)(11): ``For commercial TV and Class A TV broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April
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- which is repetitive. (4) Any entries which may be required in the station records. (See 73.1820.).'' On May 2, 2007, the station records showed continuing problems with the EAS system going back prior to December 1, 2006. There were no signatures showing they had been reviewed by the chief operator, nor an indication of corrective action taken. 47 C.F.R. 73.3526(e)(12): ``Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
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- which is repetitive. (4) Any entries which may be required in the station records. (See 73.1820.).'' On May 2, 2007, the station records showed continuing problems with the EAS system going back prior to December 1, 2006. There were no signatures showing they had been reviewed by the chief operator, nor an indication of corrective action taken. 47 C.F.R. 73.3526(e)(12): ``Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
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- EB-07-AT-177 NAL No.: 200832480001 FRN: 0009886755 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 5, 2007 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Star Power Communications Corporation (``Star Power''), licensee of station WIQR(AM), in Prattville, Alabama, apparently willfully and repeatedly violated Sections 11.35(a), 73.3526, and 73.49 of the Commission's Rules (``Rules'') by failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to maintain and make available a complete public inspection file, and failing to maintain an effective locked enclosure around the base of one of the station towers. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),
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- 200832620002 FRN: 0010279719 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 14, 2007 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that West Helena Broadcasters, Inc. (``Broadcasters, Inc.''), licensee of station KCLT-FM, in West Helena, Arkansas, apparently willfully and repeatedly violated Sections 11.35 and 73.3526 of the Commission's Rules (``Rules'') by failing to have an operational Emergency Alert System (``EAS'') and failing to maintain and make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Act, that Broadcasters, Inc. is apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000). BACKGROUND On August 22, 2007, in response
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- Docket No. 99-360, 14 FCC Rcd 21633 (1999). For the public interest obligations of radio broadcast licensees, see Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Service, Second Report and Order, First Order on Reconsideration and Second Further Notice on Proposed Rulemaking, (MM Docket No. 99-325, 22 FCC Rcd 10344, 10391 (2007). See e.g., 47 C.F.R. 73.3526(e)(11)(i)(requiring broadcasters to prepare and maintain in public file a quarterly list of that stations most significant treatment of community issues). Revision of Programming and Commercialization Policies, Ascertainment Requirements and Program Log Requirement for Commercial Television Stations, 98 F.C.C. 2d. 1046, 1107 (1984). Q R 7 = O R W 4
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- 0011157781 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 20, 2007 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Viva Communications Group, LLC (``Viva''), licensee of AM radio station WSDE, Cobleskill, New York , has apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
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- File Number: EB-06-TP-326 NAL/Acct. No.: 200832700008 FRN: 0008425464 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 15, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Tuff-Star-Jam Communication, Inc. (``Tuff-Star-Jam''), licensee of station WWSD (AM), in Quincy, Florida, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain and make available a complete inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Tuff-Star-Jam is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On May 17, 2007, agents from the Commission's Tampa Office of the
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- ) File Number EB-07-PA-027 NAL/Acct. No. 200832400004 FRN 0003252848 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 22, 2008 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Hensley Broadcasting, the licensee of AM broadcast station WWII in Shiremanstown, Pennsylvania apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's Rules (``Rules'') by failing to maintain issues/programs lists in the public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Hensley Broadcasting is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). We also admonish Hensley for failing to maintain Emergency Alert System (``EAS'')
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- as follows: ``Comments made by the public by e-mail will have to be placed on the station's website - because stations will incur no cost other than the cost of electronic storage - and also, either printed out and placed in a station's public file at its main studio, or made available on a publicly accessible computer database, per Section 73.3526(c).'' 2. The first sentence of Section 73.1201(b)(3), found in Appendix A, page 24 of the document, is revised to read as follows: ``Twice daily, the station identification for television stations must include a notice of the existence, location and accessibility of the station's public file.'' 3. The second sentence of Section 73.3526(e)(11)(i), found in Appendix A, page 25 of the
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- from www.dtv2009.gov or 1-888-DTV-2009 for information about subsidized coupons for digital-to-analog converter boxes; 5. Amend items 3 and 4 under the heading Part 73 - Radio Broadcast Services in Appendix B (Rule Changes) of the Report and Order to conform to the decision adopted by paragraphs 24, 33 and 35 of the Report and Order. Specifically, this Erratum revises 73.3526(e)(11)(iv) and 73.3527(e)(13) each to read as follows: * * * By this date, a copy of the Report for each quarter must be filed electronically with the Commission in Docket Number 07-148 using the Commission's Electronic Comment File System (ECFS). The ``Document Type'' on the cover sheet must indicate ``REPORT.'' * * * 6. Amend Appendix C (DTV Consumer Education
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- of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, Richard D. Tatham, licensee of Class A Television station K36DU, Lake Havasu City, Arizona. On February 26, 2008, an agent of the Enforcement Bureau's San Diego Office inspected K36DU, located at 510 N. Acoma Blvd., Lake Havasu City, AZ, and observed the following violation: a. 47 C.F.R. 73.3526(e)(11)(i): ``For commercial TV and Class A TV broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. . . . The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not
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- ``EAS participants must monitor two Emergency Alert System (``EAS'') sources. The monitoring assignment of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook.'' At the time of inspection, station KLHU-CA was not receiving the second local primary (``LP-2'') station KNLB, 99.1 MHz, Lake Havasu City, AZ. 47 C.F.R. 73.3526(e)(17): Each Class A television broadcast station is required to provide ``[d]ocumentation sufficient to demonstrate that [they are] continuing to meet the eligibility requirements set forth in Section 73.6001'' of the Rules. There was no documentation found in the station's public inspection file for 2007 indicating that this requirement had been met for KLHU-CA. Pursuant to Section 403 of the Communications
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- Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to FMC Broadcasting, Inc., licensee of radio station KELR-FM, Chariton, Iowa. On March 13, 2008, an agent of the Commission's Kansas City Office of the Enforcement Bureau inspected radio station KELR-FM located at 215 North Main Street in Chariton, Iowa, and observed the following violations: a. 47 C.F.R. 73.3526(c): ``The file shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the public inspection file was only available from 9:00 AM to Noon. b. 47 C.F.R. 73.3526(e)(6): The material to be retained in the public inspection file is as follows: ``Such records as are required by 73.1943 to be kept
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- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules (``Rules'') Major Market Stations, Inc. (``Major Market''), licensee of AM radio Station KWRM in Corona, CA. On March 18, 2008, an agent of the Enforcement Bureau's San Diego Office inspected KWRM's public inspection file, located at 210 Radio Road, Corona, California and observed the following violation: 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. . . . The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs
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- EB-07-TP-209 NAL/Acct. No. 200832700015 FRN: 001-52288-93 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 10, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Phillips Broadcasting, LLC (``Phillips''), licensee of stations WAOC and WFOY, in St. Augustine, Florida, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain and make available complete public inspection files. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Phillips is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND Stations WAOC and WFOY are co-located, co-owned stations. On October 17, 2007,
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- Number: EB-08-AT-0072 NAL/Acct. No.: 200832480002 FRN: 0005003199 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 2, 2008 By the District Director, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that D-Mitch Broadcasting, Inc. (``D-Mitch''), licensee of station WBSC (AM), in Bennettsville, South Carolina, apparently willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain operational Emergency Alert System (``EAS'') equipment and failing to maintain and make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that D-Mitch is apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000). BACKGROUND On
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- over 30 days. 47 C.F.R. 73.1870(a)(1) & (3): The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license. The agents found no written designation of a chief operator for the station. 47 C.F.R. 73.3526(e)(4): Stations must place a copy of any service contour maps, submitted with any application tendered for filing with the FCC, into the station's public inspection file. There was no service contour map in the public inspection file showing the station's community contour. 47 C.F.R. 73.3526(e)(8): Stations must maintain a copy of the most recent version of the manual entitled
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- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 30, 2008 By the Acting Interim District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that MBR Licensee, LLC (``MBR''), licensee of station KIQQ(AM) in Barstow, California, and station KIQQ-FM in Newberry Springs, California, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``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 MBR is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On February 6, 2008, an agent from the Enforcement Bureau's Los Angeles Office conducted
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- No. 200832400005 FRN 0007-66-4493 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 2, 2008 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Real Life Broadcasting (``Real Life''), licensee of station WIFI, in Florence, New Jersey apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Real
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- New York Office inspected radio station WXRK and observed the following violations: 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, there was no written designation posted with the station license or in the station's records. 47 C.F.R. 73.3526(e)(1): The public inspection file shall contain a ``copy of the current FCC authorization to construct or operate the station....'' At the time of inspection, a copy of the authorization was not in the public inspection file. 47 C.F.R. 73.3526(e)(4): The public inspection file shall contain a ``copy of any service contour maps, submitted with any application tendered for filing
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- 200832380011 FRN: 0004 8028 80 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 19, 2008 By the District Director, New York Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that James J. Chladek (``Chladek''), licensee of AM radio station WXMC in Parsippany-Troy Hill, New Jersey, apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's Rules (``Rules) by failing to maintain radio issues/programs lists in the public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Chladek is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On his most recent license renewal application (File No. BRED-20060201AQA) for
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- Number: EB-07-DL-0249 NAL/Acct. No.: 200832500004 FRN: 0004931952 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 18, 2008 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Mark V. Aulabaugh (``Aulabaugh''), licensee of stations KSEY and KSEY-FM, in Seymour, 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, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Mr. Aulabaugh is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND Stations KSEY and KSEY-FM are co-located, co-owned stations. On February
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- a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to James J. Chladek, licensee of radio station WXMC in Parsippany-Troy Hill, New Jersey. On March 17, 2008, an agent of the Commission's New York Office inspected radio station WXMC located at 1 Percypenny Lane, Parsippany, New Jersey, and observed the following violations: 47 C.F.R. 73.3526(e)(9): ``Every permittee or licensee of an AM, FM, TV or Class A TV station in the commercial broadcast services shall maintain a public inspection file containing...[l]etters and e-mail from the public. All written comments and suggestions received from the public regarding operation of the station, unless the letter writer has requested that the letter not be made public or when
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- available for inspection. 47 C.F.R. 73.1870(a)(1) & (3): ``The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license.'' The agents found no written designation of a chief operator for the station. 47 C.F.R. 73.3526(e)(8): Commercial broadcast licensees shall maintain for public inspection a file containing the materials set forth in this section. ``At all times, a copy of the most recent version of the manual entitled `The Public and Broadcasting.' There was no copy of ``The Public and Broadcasting'' in the station's public inspection file. Pursuant to Section 308(b) of the Communications Act of
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- available for inspection. 47 C.F.R. 73.1870(a)(1) & (3): ``The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license.'' The agents found no written designation of a chief operator for the station. 47 C.F.R. 73.3526(e)(8) & (e)(14): Commercial broadcast licensees shall maintain for public inspection a file containing the materials set forth in this section. ``At all times, a copy of the most recent version of the manual entitled `The Public and Broadcasting.' ``For commercial radio and television stations, a copy of every agreement or contract involving time brokerage of the licensee's station or of
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- EB-08-LA-0028 NAL/Acct. No.: 200832900005 FRN: 0009374208 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 29, 2008 By the Acting Interim District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Creative Broadcasting Services, Inc. (``Creative''), licensee of station KTOX(AM) in Needles, California, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (``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 Creative is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On February 6, 2008, an agent from the Enforcement Bureau's Los Angeles Office conducted
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- No. 200832400009 FRN 0008-65-6506 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 5, 2008 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pentecostal Temple Development Corporation (``PTDC''), licensee of AM station WGBN, in New Kensington, Pennsylvania, apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
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- Number EB-08-TP-0186 NAL/Acct. No. 200832700017 FRN: 000-50080-16 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 4, 2008 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 station WLAA, in Ocoee, Florida, apparently willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain an operational Emergency Alert System (``EAS'') and failing to maintain and make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Rama is apparently liable for a forfeiture in the amount of sixteen thousand dollars ($16,000). BACKGROUND On
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- Western Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Entercom Portland License, LLC, (``Entercom''), licensee of radio station KFXX in Portland, Oregon. On August 14, 2008, an agent of the Enforcement Bureau's Portland Resident Agent Office inspected radio station KFXX, and observed the following violation: 47 C.F.R. 73.3526(e)(4): ``Contour Maps. A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding
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- to determine the power output of the transmitter or confirm the operation complied with the station's authorization. 47 C.F.R. 73.1870(b)(3): ``The designation of chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, a written designation of the chief operator could not be produced. 47 C.F.R. 73.3526(e)(12): Public Inspection File Requirements ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter. The list shall include a brief
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- Released: October 16, 2008 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 station WOKB, in Winter Garden, Florida and owner of antenna structure numbers 1045401, 1045403 and 1045404, apparently willfully and repeatedly violated Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to clean or repaint its antenna structures as often as necessary to maintain good visibility, failing to enclose the antenna tower within an effective locked fence or enclosure, operating at times with power other than those specified in its the license, and failing to maintain and make available a complete public inspection file.
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- operator did not note the missing EAS activations and took no corrective action to determine why some EAS activations were not being received. It is further noted that this violation is repetitive as the last inspection of Alpine-owned station KCXL, conducted on 12/13/96 found that no station operator was reviewing the KCXL logs or taking corrective actions. 47 C.F.R. 73.3526(e)(9): ``All written comments and suggestions received from the public regarding operation of the station, unless the letter writer has requested that the letter not be made public or when the licensee feels that it should be excluded from public inspection because of the nature of its content, such as defamatory or obscene letter. Letters and electronic mail message shall be
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- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 24, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Black Crow Radio, LLC., (``Black Crow''), licensee of AM Broadcast Station WNDB, in Daytona Beach, Florida, apparently willfully and repeatedly violated Sections 11.35(a), 73.44(b), 73.49 and 73.3526 of the Commission's Rules (``Rules'') by failing to ensure that Emergency Alert System (``EAS'') equipment was installed so that the monitoring and transmitting functions were available during the times the station was in operation, failing to ensure that emissions removed by 60 kHz to 75 kHz from the WNDB fundamental frequency of 1150 kHz are attenuated 65 dB below the
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- APPARENT LIABILITY FOR FORFEITURE Released: November 21, 2008 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Taylor Communications, Inc. (``Taylor''), licensee of station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246 apparently willfully and apparently repeatedly violated Sections 17.48(a) and 73.3526 of the Commission's Rules (``Rules'') by not informing the Federal Aviation Administration (``FAA'') of a malfunction of the antenna structure lighting 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 Taylor is apparently liable for a forfeiture in the amount of thirteen
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- Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Mt. Rushmore Broadcasting, Inc. ("Mt. Rushmore"), licensee of stations KRAL(AM) and KIQZ(FM) serving Rawlins, Wyoming, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to ensure the operational readiness of the KRAL(AM) and KIQZ(FM) Emergency Alert System ("EAS") equipment; Section 73.3526 of the Rules, by failing to maintain a complete public inspection file for KRAL(AM) and KIQZ(FM); and Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules by failing to operate station WHB734, an aural studio-transmitter-link ("STL"), from its licensed location. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Mt. Rushmore is apparently liable
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- to deny, informal objections, and complaints directed against the stations and/or station applications; (3) Ownership reports filed by licensees pursuant to 73.3615 of this chapter; (4) Television network application contracts, radio and television time brokerage agreements, and other documents required to be filed under 73.3613 of this chapter; (5) Children's television programming reports filed by commercial television licensees pursuant to 73.3526 of this chapter; (6) Annual DTV ancillary/supplementary services reports filed by commercial and non-commercial educational digital television licensees pursuant to 73.624 of this chapter; (7) Station requests for declaratory rulings, special temporary authorizations, and other waivers; (8) Annual employment reports filed by licensees and permittees of broadcast stations pursuant to 73.3612 of this chapter; and. (9) Responses from licensees to
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- Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Western New Life, Inc. (``New Life''), licensee of FM radio station WNEV Culebra, PR. On March 27, 2009, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected WNVE's main studio and observed the following violations: 47 C.F.R. 73.3526 (e)(5)(7)(12): ``Local public inspection file of commercial stations. Contents of the file. The material to be retained in the public inspection file is as follows: (5) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station...(7) Equal Employment Opportunity file. Such information as is required by 73.2080 to be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-291276A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-291276A1.pdf
- NAL/Acct. No.: 200932340002 FRN: 0009053117 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 5, 2009 By the Acting District Director, Columbia Field Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that R-S Broadcasting Company, Inc. (``R-S Broadcasting''), licensee of station WCWV, in Summersville, West Virginia, apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that R-S Broadcasting is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On July 22, 2008, the Columbia Field Office received
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- ) File Number EB-09-NY-0186 NAL/Acct. No. 200932380007 FRN 0004976882 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 26, 2009 By the District Director, New York Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that WSKQ Licensing, Inc. (``WSKQ''), licensee of commercial station WSKQ-FM, New York, New York, apparently willfully violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that WSKQ is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On May 15, 2009, an agent from the Commission's New York Office of
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- ) ) File Number EB-09-NY-0187 NAL/Acct. No. 200932380008 FRN 0004976510 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 26, 2009 By the District Director, New York Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that WPAT Licensing, Inc. (``WPAT''), licensee of commercial station WPAT-FM, Paterson, New Jersey, apparently willfully violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that WPAT is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On May 15, 2009, an agent from the Commission's New York Office of
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- review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' Between June 9, 2009 and August 4, 2009, the chief operator failed to sign and date the WVPO station logs at least once a week. 47 C.F.R. 73.3526(e)(12): Public Inspection File Requirements ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter. The list shall include a brief
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- of the Commission's Rules, to CCR-Sierra Vista IV, LLC (``CCR''), licensee of radio stations KWCD, Bisbee, Arizona, KZMK, Sierra Vista, Arizona, and KTAN, Sierra Vista, Arizona. On September 2, 2009, agents of the Enforcement Bureau's San Diego Office inspected stations KWCD, KZMK and KTAN, located at 2300 Busby Drive, Sierra Vista, Arizona, and observed the following violation: 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. ... The list shall include a brief narrative describing what issues were given significant treatment and what programming that provided this treatment. The description of the programs shall include,
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- This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to KZLZ, LLC (``KZLZ''), licensee of broadcast radio station KZLZ in Kearny, Arizona. On September 3, 2009, agents of the Enforcement Bureau's San Diego Office inspected KZLZ, located at 2959 East Grant Road, Tucson, AZ 85716 and observed the following violations: 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. ... The list shall include a brief narrative describing what issues were given significant treatment and what programming that provided this treatment. The description of the programs shall include,
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- File Number EB-09-NY-0185 NAL/Acct. No. 201032380001 FRN 0004946141 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 5, 2009 By the District Director, New York Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Univision Radio License Corporation (``Univision''), licensee of commercial station WQBU-FM, Garden City, New York, apparently willfully violated Section 73.3526(c) of the Commission's Rules (``Rules'') by failing to make available its political file during a station inspection. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Univision is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On May 13, 2009, an agent from the Commission's New York
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- Agent Office, Western Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Salem Media of Oregon, Inc., licensee of FM broadcast station KRYP, Gladstone, Oregon. On November 10, 2009, an agent from the Commission's Portland Resident Agent Office inspected station KRYP and observed the following violation: 47 C.F.R. 73.3526(e)(12): `` Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
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- Number EB-09-SD-0055 NAL/Acct. No. 201032940001 FRN 0011335098 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 21, 2009 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 Hispanic Target Media, Inc. ("HTM"), licensee of station KUKY(FM), in Wellton, Arizona, apparently willfully and repeatedly violated Section 73.3526(a), (b), and (c) of the Rules for failing to maintain a public inspection file, failing to maintain the public inspection file at the main studio of the station, and failing to make the KUKY public inspection file available for public inspection during regular business hours. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),
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- EB-09-AT-0018 NAL/Acct. No. 201032480001 FRN 0004986998 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 11, 2010 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Stone/Collins Communications, Inc. (``Stone/Collins''), licensee of station WEPG(AM), in South Pittsburg, Tennessee, apparently willfully and repeatedly violated Sections 73.49 and 73.3526 of the Commission's Rules (``Rules'') by failing to enclose the base of its AM antenna structure within a locked fence and failing to maintain and make a available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Stone/Collins is apparently liable for a forfeiture in the amount of seventeen
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- No. EB-09-AT-0038 NAL/Acct. No. 201032480002 FRN 0007676935 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 11, 2010 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Rodgson, Inc. (``Rodgson''), licensee of station WSDQ(AM), in Dunlap, Tennessee, apparently willfully and repeatedly violated Sections 11.35(a), 73.49, and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain an operational emergency alert system (``EAS''), failing to enclose the base of an AM tower within an effective locked fence, 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 Rodgson is apparently liable
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- EB-09-MA-0007 NAL/Acct. No. 201032600001 FRN: 0003760352 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 8, 2010 By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Caron Broadcasting, Inc. (``Caron''), licensee of station WKAT, in North Miami, Florida, apparently willfully and repeatedly violated Sections 73.1745(a) and 73.3526 of the Commission's Rules (``Rules'') by operating at times with power other than those specified in its license and failing to maintain and make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Caron is apparently liable for a forfeiture in the amount of eight thousand dollars
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- broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook.'' A review of WZSK's EAS logs revealed that WZSK was properly monitoring only one EAS source. There was no evidence that the station's EAS equipment was receiving the second local primary (LP-2) radio station WWOT on 100.1 MHz. 47 C.F.R. 73.3526(e)(4): The public inspection file shall contain a ``copy of any service contour maps, submitted with any application tendered for filing with the FCC. . . .'' At the time of the inspection, there was no service contour map in the public inspection file showing the station's community contour. 47 C.F.R. 73.3526(e)(5): The public inspection file shall contain a ``copy
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- LIABILITY FOR FORFEITURE Released: March 4, 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''), licensee of commercial AM radio stations WZRC, New York, New York, and WKDM, New York, New York, apparently willfully and repeatedly violated Section 73.3526(c) and Section 73.3526(e)(6) of the Commission's Rules (``Rules'') by failing to maintain and make available a political file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Multicultural is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND On October 15, 2009, an agent from the Enforcement Bureau's
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- Paterson, New Jersey; WNSW in Newark, New Jersey; WWRU in Jersey City, New Jersey; and WKDM in New York, New York. On October 15, 2009 an agent of the Enforcement Bureau's New York Office inspected AM Radio Stations WPAT, WNSW, WWRU, and WKDM at the main studio in New York, New York, and observed the following violations: 47 C.F.R. 73.3526(e)(5): A station must retain in its public inspection file ``[a] copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate .... These materials shall be retained until a new, complete ownership report is filed. . . .'' At the time
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- Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Lakeshore Media, LLC ("Lakeshore"), licensee of radio station KMXQ in Socorro, New Mexico. On December 1, 2009, an agent of the Enforcement Bureau's Denver Office inspected radio station KMXQ, licensed to Socorro, New Mexico, and observed the following violations: 47 C.F.R. 73.3526(e)(5): "A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material...shall be retained until a new, complete ownership report is filed with the FCC..." At the time of inspection, the most recently filed FCC
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- 73.1840 of this chapter for all broadcast streams . . . . '' At the time of the inspection, the agent found that there were no entries in the station log indicating why tests had not been received from the second local primary (LP-2) KLSD (AM) for various weeks during three months prior to the inspection. b. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October - December, etc.).
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- 11.15: "The EAS Operating Handbook . . . must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." At the time of the inspection, the agent found that no EAS Operating Handbook was available. 47 C.F.R. 73.3526(e)(1): The public inspection file shall contain a ``copy of the current FCC authorization to construct or operate the station....'' At the time of inspection, a copy of the authorization was not in the public inspection file. 47 C.F.R. 73.3526(e)(4): The public inspection file shall contain a ``copy of any service contour maps, submitted with any application tendered for filing
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- the frequency or channel on which it operates, and a description of the programs to be transmitted over the station. (9) A statement that a copy of the application, amendment(s), and related material are on file for public inspection at a stated address in the community in which the station is located or is proposed to be located. See 73.3526 and 73.3527. (g) An applicant who files for authorization or major modifications, or a major amendment thereto, for a low power TV, TV translator, TV booster, FM translator, or FM booster station, must give notice of this filing in a daily, weekly or biweekly newspaper of general circulation in the community or area to be served. Likewise, an applicant for
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- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to New Radio Venture, Inc. (``New Radio''), licensee of AM Broadcast radio station KNUV(AM) - Tolleson, Arizona. On July 21, 2010, an agent of the Enforcement Bureau's San Diego Office inspected KNUV located at 816 N. 1st Avenue, Phoenix, Arizona, and observed the following violation: a. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. ... The list shall include a brief narrative describing what issues were given significant treatment and what programming that provided this treatment. The description of the programs shall include,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302030A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302030A1.pdf
- may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook.'' At the time of the inspection, the licensee failed to ensure that, over the three months prior to the inspection, multiple tests of the EAS system were conducted c. 47 C.F.R. 73.3526(e)(7): ``Equal Employment Opportunity (EEO) file. Such information as is required by 73.2080 is to be kept in the public inspection file.'' At the time of the inspection, the required EEO information was not in KFNX's public inspection file. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302526A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302526A1.pdf
- Section 1.89 of the Commission's Rules, Nyack College, must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should certify that Nyack College is now in compliance with Section 73.3526(e) of the Commission's Rules. The response must be complete in itself and signed by an individual with authority to respond on behalf of Nyack College. All replies and documentation sent in response to this Notice should be marked with the File No. and NOV No. specified above, and mailed to the following address: Federal Communications Commission New York Office 201
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302527A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302527A1.pdf
- was operational, station KHVN's EAS log was missing entries. The missing entries were not explained in the log. 47 C.F.R. 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis for either station KHVN or KKGM. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302528A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302528A1.pdf
- the station did not have any EAS logs for April or May of 2010 and did not have an explanation for the missing entries. 47 C.F.R. 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302946A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302946A1.pdf
- this chapter for all broadcast streams . . . . '' At the time of the inspection, there were no EAS logs except for the period of December 15, 2009 to July 15, 2010 and these logs had no entries indicating why tests from a second LP source had not been received or re-transmitted for this period. 47 C.F.R 73.3526(e)(11)(iii): ``Children's television programming report. For commercial TV broadcast stations, both analog and digital, on a quarterly basis, a completed Children's Television Programming Report...on FCC Form 398...The Report for each quarter is to be placed in the public inspection file by the tenth day of the succeeding calendar quarter.'' At the time of the inspection, the most recent report, for the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-305159A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-305159A1.pdf
- anytime. EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook.'' KIVA failed to ensure that, over the three months prior to the inspection, that RMTs of the EAS system were received and transmitted. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-305160A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-305160A1.pdf
- anytime. EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook.'' KRKE failed to ensure that, over the three months prior to the inspection, that RMTs of the EAS system were received and transmitted. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306449A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306449A1.pdf
- authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the agents observed that the logs were not signed and dated by the chief operator. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
- language with respect to the list: "The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided the treatment. The description of the programs shall include, but shall not be limited to, the time, date, duration, and title of each program in which the issue was treated." See, e.g., 47 C.F.R. 73.3526(e)(12); and 47 C.F.R. 73.3527(e)(8)(i) (containing identical language). 101 As discussed in Chapter 26, Broadcast Radio and Television, in its Enhanced Disclosure proceeding, the Commission imposed such a requirement on television licensees, Standardized and Enhanced Dis- closure Requirements for Television Broadcast Licensee Public Interest Obligations, Report and Order, 23 FCC Rcd 1274 (2007), but this rule has not yet become
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307477A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307477A1.pdf
- directional antenna must maintain the indicated relative amplitudes of the antenna monitor currents within 5% of the values specified therein. Directional antenna relative phase currents must be maintained to within 3 degrees of the values specified on the instrument of authorization.'' At the time of inspection, Station WUCO was operating out of tolerance with its authorized parameters. 47 C.F.R. 73.3526(e)(12): ``Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308421A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308421A1.pdf
- for the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions.'' During the inspection on June 15, 2011, KRTA could not produce the EAS Operating Handbook. 47 C.F.R. 73.3526(e)(1): ``Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308425A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308425A1.pdf
- for the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions.'' During the inspection on June 15, 2011, KEZX could not produce the EAS Operating Handbook. 47 C.F.R. 73.3526(e)(1): ``Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308426A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308426A1.pdf
- for the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions.'' During the inspection on June 15, 2011, KROG could not produce the EAS Operating Handbook. 47 C.F.R. 73.3526(e)(1): ``Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308427A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308427A1.pdf
- for the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions.'' During the inspection on June 15, 2011, KCNA could not produce the EAS Operating Handbook. 47 C.F.R. 73.3526(e)(1): ``Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308429A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308429A1.pdf
- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KBOY-FM in Medford, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KBOY-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. 73.3526(e)(6): ``Political File - Such records as are required by 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308430A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308430A1.pdf
- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KTMT-FM in Medford, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KTMT-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. 73.3526(e)(6): ``Political File - Such records as are required by 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308432A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308432A1.pdf
- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KAKT in Phoenix, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KAKT located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. 73.3526(e)(6): ``Political File - Such records as are required by 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308433A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308433A1.pdf
- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KCMX in Phoenix, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KCMX located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. 73.3526(e)(6): ``Political File - Such records as are required by 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308434A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308434A1.pdf
- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KTMT in Ashland, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KTMT located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. 73.3526(e)(6): ``Political File - Such records as are required by 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308436A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308436A1.pdf
- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KCMC-FM in Ashland, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KCMX-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. 73.3526(e)(6): ``Political File - Such records as are required by 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309784A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309784A1.pdf
- the Commission's Rules to L. Stanley Wall, licensee of FM Station WLSW in Scottdale, Pennsylvania. This Notice may be combined with a further action, if further action is warranted. On July 18, 2011, an agent of the Commission's Philadelphia Office inspected FM Station WLSW at the station's main studio in Connellsville, Pennsylvania and observed the following violations: 47 C.F.R. 73.3526(e)(4): ``...Every permittee or licensee of an AM, FM, TV or Class A TV station in the commercial broadcast services shall maintain a public inspection file containing...a copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310100A1.pdf
- of the Enforcement Bureau's Portland Office inspected radio station KURY located at 605 Railroad Avenue, Brookings, Oregon 97850, and observed the following violations: 47 C.F.R. 11.61(b): ``Entries shall be made in EAS Participant records, as specified in 11.35(a) and 11.54(b)(13).'' There were missing EAS log entries from June 29, 2011 through August 10, 2011. b. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310101A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310101A1.pdf
- of the Enforcement Bureau's Portland Office inspected radio station KURY-FM located at 605 Railroad Avenue, Brookings, Oregon 97850, and observed the following violations: 47 C.F.R. 11.61(b): ``Entries shall be made in EAS Participant records, as specified in 11.35(a) and 11.54(b)(13).'' There were missing EAS log entries from June 29, 2011 through August 10, 2011. b. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311569A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311569A1.pdf
- EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook.'' KQOL failed to ensure that for the period May 1 - Aug 13, 2011, that RWTs of the EAS system were received and transmitted. 47 C.F.R. 73.3526(e)(12): ``Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311695A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311695A1.pdf
- of Class D non-commercial educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows: Annually, for AM stations, with not more than 14 months between measurements.'' At the time of inspection, Cantroair had not conducted equipment performance measurements for Station WTZN since 2009. 47 C.F.R. 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311710A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311710A1.pdf
- provisions of this part, must accurately reflect the station operation. Any employee making a log entry shall sign the log, thereby attesting to the fact that the entry, or any correction or addition made thereto, is an accurate representation of what transpired.'' At the time of the inspection, there was no station log of KTRB(AM) station's operation. 47 C.F.R. 73.3526(e)(5) & (e)(8): ``Contents of the file. The material[s] to be retained in the public inspection file [are] ...(5) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311715A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311715A1.pdf
- be performed anytime. EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook.'' KBKY failed to ensure that, over the three months prior to the inspection, RMTs of the EAS system were transmitted. d. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312155A1.pdf
- the Commission's Dallas Office inspected KSJT-FM located at San Angelo, Texas and observed the following violation(s): 47 C.F.R. 73.1800(a): ``The licensee of each station must maintain a station log as required by 73.1820.'' At the time of the inspection, Station KSJT-FM maintained no station logs and no records relating to its Emergency Alert System equipment. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312185A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312185A1.pdf
- Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to QC Communications, Inc., licensee of AM Station WFAI in Salem, New Jersey. On October 26, 2011, and October 28, 2011, agents of the Commission's Philadelphia Office inspected Station WFAI located in Salem, New Jersey and observed the following violations: 47 C.F.R. 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312437A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312437A1.pdf
- the log, initiate any corrective action which may be necessary and advise the station licensee of any condition which is repetitive.'' At the time of inspection, no station records were available to determine if the required logs were being maintained or reviewed. During the inspection, the station engineer stated that he was not reviewing the station records. 47 C.F.R. 73.3526 (e)(5): ``Contents of the file. The material to be retained in the public file is as follows: (5) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statement filed with the FCC certifying that the current report is accurate and together with all related material.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312551A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312551A1.pdf
- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of the inspection on December 15, 2011, the Chief Operator was not signing the station logs. 47 C. F. R. 73.3526(e)12:..``Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-313071A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-313071A1.pdf
- was not posted at the principal control point. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license'' On March 2, 2012, an agent from the San Juan Office observed that the chief operator designation was not posted with the station license. 47 C.F.R. 73.3526(e)(1): ``A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization.'' On March 2, 2012, an agent from the San Juan Office observed that the current station authorization was not part of the station's public
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-313205A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-313205A1.pdf
- of Violation (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to R & R Radio Corp. (R & R), licensee of radio station KPSI, Palm Springs, CA. On February 1, 2012, an agent of the Enforcement Bureau's San Diego Office inspected the KPSI main studio located in Palm Springs, CA, and observed the following violation: 47 C.F.R. 73.3526(e)(12) - Radio issues/programs lists: ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
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- of Violation (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to R & R Radio Corp. (R & R), licensee of radio station KPSI-FM in Palm Springs, CA. On February 1, 2012, an agent of the Enforcement Bureau's San Diego Office inspected radio station KPSI-FM located at Palm Springs, CA, and observed the following violation: 47 C.F.R. 73.3526(e)(12) - Radio issues/programs lists: ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
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- of Violation (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to R & R Radio Corp. (R & R), licensee of radio station KPTR in Palm Springs, CA. On February 1, 2012, an agent of the Enforcement Bureau's San Diego Office inspected radio station KPTR located at Palm Springs, CA, and observed the following violation: 47 C.F.R. 73.3526(e)(12) - Radio issues/programs lists: ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
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- of Violation (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to R & R Radio Corp. (R & R), licensee of radio station KWXY in Cathedral City, CA. On February 1, 2012, an agent of the Enforcement Bureau's San Diego Office inspected radio station KWXY located at Palm Springs, CA, and observed the following violation: 47 C.F.R. 73.3526(e)(12) - Radio issues/programs lists: ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
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- This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to Glen Barnett, Inc. (GBI), licensee of radio station KDES-FM in Cathedral City, CA. On February 1, 2012, an agent of the Enforcement Bureau's San Diego Office inspected radio station KDES-FM located at Palm Springs, CA, and observed the following violation: 47 C.F.R. 73.3526(e)(12) - Radio issues/programs lists: ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
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- the Filing Requirement For Children's Television Programming Report (FCC Form 398) ) ) ) ) ) ) ) ) ) MM Docket No. 00-168 MM Docket No. 00-44 UM Released: May 7, 2012 By the Chief, Media Bureau: On April 27, 2012, the Commission released a Second Report and Order, FCC 12-44, in the above-captioned proceeding. This Erratum amends Section 73.3526(b) in Appendix A on page 56 of the Second Report and Order as indicated below: 1. The second sentence of paragraph (1) is corrected by replacing ``subsection (e)(9) below'' with ``paragraph (e)(9)'' 2. The first sentence of paragraph (2) is corrected by replacing ``subsection (e) below'' with ``paragraph (e)'', ``subsection (e)(9) below'' with ``paragraph (e)(9)'', ``subsection (b)(1)'' with ``paragraph (b)(1)'',
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- agent with a station log for KGCT-CD and admitted that he did not maintain a station log. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, there was no written designation of the chief operator. 47 C.F.R. 73.3526(e)(4): `` Contour maps - A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate
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- the Communications Act of 1934, as amended (``the Act'') and Section 1.80 of the Commission's Rules (``the Rules'') the former Compliance and Information Bureau ("CIB") found WGUL-FM, Inc. liable for a monetary forfeiture in the amount of $7,000 for willful and continuous violation of rule sections 11.52(d) (EAS code and attention signal monitoring requirements), 11.61(a) (tests of EAS procedures), and 73.3526(c) (availability of public inspection file for public inspection). For the reasons discussed below, we lower the forfeiture to $5,000. BACKGROUND 2. In response to a complaint concerning unintentional emissions, the Tampa Florida Field Office ("Field Office") inspected WINV(AM)'s operating facilities. The inspection revealed the aforementioned violations. On March 31, 1998, the Field Office issued an Official Notice of Violation ("NOV")
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- local public inspection files, with confidential or proprietary information redacted where appropriate. Id. UCC Petition at 18-22. NAB Opposition at 4-5. Telecommunications Act of 1996, Pub. L. No. 104-104, 202(g), 110 Stat. 56 (1996). H.R. Conf. Rep. No. 104-458, at 163 (1996). UCC Petition at 22-23. Report and Order, 14 FCC Rcd at 12601-02, 94; 47 C.F.R. 73.3526(e)(14). Report and Order, 14 FCC Rcd at 12602, 95. Report and Order, 14 FCC Rcd at 12604, 100 (citing Notice of Inquiry in MM Docket No. 87-154, 2 FCC Rcd 3699 (1987)). Report and Order, 14 FCC Rcd at 12609, 112. In 1989, the Commission limited portions of the cross-interest policy so that it would no longer
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- Dec. 6, 2000). In the Matter of 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 (1998), revised in part on reconsideration, 14 FCC Rcd 11113 (1999) (Main Studio and Public File Rules Report and Order). See also 47 C.F.R. 73.1125; 73.3526 and 73.3527. The Commission's goals in amending these rules was to strike an appropriate balance between ensuring that the public has reasonable access to each station's main studio and public file, minimizing regulatory burdens on licensees, and establishing rules that are easy to administer and understand. 47 U.S.C. 534(b)(4)(B). Telecommunications Services Inside Wiring: Customer Premises Equipment and Implementation and
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- Report and Order). In the Matter of 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 (1998), revised in part on reconsideration, 14 FCC Rcd 11113 (1999) (Main Studio and Public File Rules Report and Order). See also 47 C.F.R. 73.1125; 73.3526 and 73.3527. Memorandum Opinion and Order, MM Docket Nos. 94-150, 92-51, and 87-154, FCC 00-xxx (adopted Dec. 14, 2000). In the Matter of 1998 Biennial Regulatory Review - Amendment of Parts 73 and 74 Relating to Call Sign Assignments for Broadcast Stations, Report and Order, 14 FCC Rcd 1235 (1998) (Call Sign Report and Order). 47 C.F.R. 73.3550. 47
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- the use of common antenna sites); Comments of USA Broadcasting, Inc., at 2; Comments of WRNN-TV at 1, 3-4. Comments of USA Broadcasting, Inc. at 11. Comments of Pegasus Communications Corporation at 16. Notice, supra at 5266. If the signal strength does not reach that threshold, the receiver's screen will freeze or go blank. 47 U.S.C. 307(b). 47 CFR 73.3526(e)(11) and 73.3527(e)(8). Notice at 5262. Comment of AAPTS/PBS at 31-32. The criteria AAPTS/PBS suggest are: 1) those stations whose average annual cash revenue for the previous four years was $2 million or less; 2) those who can demonstrate that the cost of building a basic pass-through facility is greater than its average annual cash revenue for the previous four years;
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- local public inspection files, with confidential or proprietary information redacted where appropriate. Id. UCC Petition at 18-22. NAB Opposition at 4-5. Telecommunications Act of 1996, Pub. L. No. 104-104, 202(g), 110 Stat. 56 (1996). H.R. Conf. Rep. No. 104-458, at 163 (1996). UCC Petition at 22-23. Report and Order, 14 FCC Rcd at 12601-02, 94; 47 C.F.R. 73.3526(e)(14). Report and Order, 14 FCC Rcd at 12602, 95. Report and Order, 14 FCC Rcd at 12604, 100 (citing Notice of Inquiry in MM Docket No. 87-154, 2 FCC Rcd 3699 (1987)). Report and Order, 14 FCC Rcd at 12609, 112. In 1989, the Commission limited portions of the cross-interest policy so that it would no longer
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- combined main studio. At the time of the September 8, 1998, and April 13, 2000, inspections, the EAS equipment shared by WSTX(AM) and WSTX-FM was installed but was not operational. Family apparently violated Section 11.35 by failing to install and maintain operational EAS equipment. We will add an issue to determine whether Family willfully or repeatedly violated Section 11.35. Section 73.3526 of the Rules requires that broadcast licensees maintain a public inspection file at the main studio of the station and make the file available for inspection at any time during regular business hours. No public inspection files for WSTX(AM) and WSTX-FM were available for review during the April 13, 2000, inspection. Family apparently violated Section 73.3526 by failing to maintain
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- suggest making the graphical analysis now used optional. The tabulation shows that most measured values of nondirectional radiation differ from the theoretical value by less than two dB. Maps showing measurement locations should be associated with the proof of performance application which must be available in the station's public inspection file while the application is pending. See 47 C.F.R. 73.3526(e)(2). See 47 C.F.R. 73.154. See paragraph 19 for definition of ``monitoring point.'' Monitoring points are usually designated on all radials which define pattern minima. A query of our Consolidated Data Base System (CDBS) shows that approximately 80 percent of full proofs are more than ten years old. This is consistent with our present policy of allowing a licensee to
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- or repeatedly violated 73.49 of the Rules by failing to enclose WSTX(AM)'s antenna within an effective locked fence; E. To determine whether Family Broadcasting, Inc. willfully or repeatedly violated 11.35 of the Rules by failing to install and maintain operational EAS [Emergency Alert System] equipment for WSTX(AM) and WSTX-FM; F. To determine whether Family Broadcasting, Inc. willfully or repeatedly violated 73.3526 of the Rules by failing to maintain public inspection files for WSTX(AM) and WSTX-FM; G. To determine, in light of the evidence adduced pursuant to the foregoing issues, whether Family Broadcasting, Inc. is basically qualified to be or remain a Commission licensee; and H. To determine, in light of the evidence adduced pursuant to the foregoing issues, whether the licenses
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- near Spivey, Kansas, apparently liable for a forfeiture in the amount of thirty-nine thousand dollars ($39,000) for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 73.1350(a) and 17.51 of the Commissions Rules (``Rules''). Ms. Salazar is also apparently liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules. Specifically, we find Ms. Salazar apparently liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert System (``EAS'') equipment at station KTCM(FM); failing to maintain a main studio at an authorized location; and failing to maintain a public inspection
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- the total number of interviewees for each vacancy and the referral source for each interviewee; and (vi) the date each vacancy was filled and the recruitment source that referred the hiree. (6) Annually, on the anniversary of the date a station is due to file its renewal application, the station shall place in its public file, maintained pursuant to 73.3526 or 73.3527, and on its web site, if it has one, an EEO public file report containing the following information (although if any broadcast licensee acquires a station pursuant to FCC Form 314 or FCC Form 315 during the twelve months covered by the EEO public file report, its EEO public file report shall cover the period starting with
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- station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. 73.1740(a)); failure to post the station license (47 C.F.R. 73.1230); failure to designate a chief operator (47 C.F.R. 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. 73.3526). On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN was not in compliance with RFR exposure limits. The letter requested that prior to KTMN's return to operational status, measurements be made to determine the appropriate levels at which operation would comply with the FCC's RFR limits at: (1) ground level; (2) on
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- 1998 and the April 13, 2001 inspections. Family admitted that no EAS equipment was installed at the stations' main studio at the time of the April 19, 1997 and the December 4, 1997 inspections, and that the EAS equipment was not operational at the time of the September 8, 1998 and the April 13, 2001 inspections. Public Inspection File. Section 73.3526 requires that commercial broadcast licensees maintain and make available for public inspection, at the station's main studio at any time during regular business hours, a file containing certain prescribed materials regarding the station's operation. Family admitted having no file at the main studio for either station at the time of the August 19, 1997 and April 13, 2000 inspections and
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- liable for a monetary forfeiture in the amount of $15,000 for willful violation of the following sections of the 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). For the reasons stated below, we deny KASA Radio's application for review. BACKGROUND 2. On November 17, 2000, the FCC's San Diego, California 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
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- off-air or other reception of KZPO's signal were not operational at that time. 68. On March 19-21, 2001, field agents from the Commission's San Francisco Field Office again inspected the facilities of KZPO. They started by viewing the public file, which was located at the Lindsay Chamber of Commerce, and not at the station's main studio, as required by Section 73.3526(b) of our Rules. The public file contained only listener letters, copies of the station license, copies of public service announcements, and one e-mail message from Stevens dated March 17, 2001, stating that ``Kings Radio'' was off the air for five days the previous week. The executive director of the Chamber of Commerce had three contact names for KZPO: Ken Niles,
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- willful violation of the following sections of the Commission's Rules (``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). 3. On September 13, 2001, Radio One filed a Petition for Reconsideration of the Forfeiture Order. On January 31, 2002, the Enforcement Bureau issued a Memorandum Opinion and Order in which it denied Radio One's Petition for Reconsideration and upheld the Forfeiture Order. On March 4, 2002, Radio One filed an application for
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- 1.80(c). See note 14 supra. The staff has a pending application on FCC Form 316 to transfer control of Southern from Samuel Cooper to James Hill (File BTCH-19980827EC). . Either the September 27, 1996, date on the letter as submitted to the Commission or the October 14, 1996, date claimed in the affidavit are plausible. See 47 C.F.R. 73.3526(e)(12). Southern submitted issues/programs lists from its public inspection file in response to Piedmont's petition to deny a 1997 application to assign the station's license to Pinnacle Southeast, Inc. Southern intended the lists to rebut Piedmont's argument in that case concerning the adequacy of Southern's issue-responsive programming. Action on the application to assign the license to Pinnacle Southeast was deferred and
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- renewal of a broadcast license for a television station that provides ancillary or supplementary services, the television licensee shall establish that all of its program services on the existing or advanced television spectrum are in the public interest.'' Fifth Report and Order, 12 FCC Rcd at 12810, 12811. Fifth Report and Order, 12 FCC Rcd at 12830. 47 C.F.R. 73.3526(e)(11)(i). 47 C.F.R. 73.3526(e)(11)(ii). 47 C.F.R. 73.3526(e)(11)(iii). Television and radio broadcast station licensees must also maintain information in their public inspection files on applications, authorizations, citizens agreements, service contour maps, ownership reports, annual employment reports, written correspondence with the public on station operations, material related to Commission investigations or complaints, and certification that the licensee is complying with its
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- licensee of Station KTCM(FM), Kingman, Kansas, and owner of antenna structure number 1057462 near Spivey, Kansas, for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 73.1350(a) and 17.51 of the Commission's Rules (``the Rules''). Ms. Salazar is also liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules. Specifically, we find Ms. Salazar liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert System (``EAS'') equipment at station KTCM(FM); failing to maintain a main studio at an authorized location; and failing to maintain a public inspection file.
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- v. Allentown Broadcasting Corp., 349 U.S. 358, 362 (1955). See 47 C.F.R. 73.24(i) (for AM), 73.315(a) (for FM), 73.685(a) (for TV). See id. 73.1125. Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the Main Studio and Program Origination Rules for Radio and Television Broadcast Stations, 3 FCC Rcd 5024, 5026 24 (1988). 47 C.F.R. 73.3526(e)(11)(i) (commercial TV issues/program list), 73.3526(e)(12) (commercial AM and FM issues/program list). These lists must be retained until final action has been taken on the station's next renewal application. Id. 73.3526(e)(1)(i), 73.3526(e)(12). See Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, 15 FCC Rcd 19816, 19821 13 (2000) (``Enhanced Disclosure NPRM''), citing Commercial TV Deregulation
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- the captioned stations during the July 19, November 14, 19, 26 and 27 and December 27, 2001, broadcasts of the ``Bubba the Love Sponge'' program. Furthermore, we find that they each appear to have failed to maintain copies of certain required documents in the public inspection files of each of their respective captioned stations, in apparent willful violation of Section 73.3526(e)(10) of the Commission's rules. Based on the totality of the evidence before us and Clear Channel's history of transgressions relating to the broadcast of indecent material over stations licensed to its subsidiaries, we conclude that Clear Channel is apparently liable for a monetary forfeiture in the amount of Seven Hundred Fifty-Five Thousand Dollars ($755,000), the statutory maximum of $27,500 each
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- additional criteria: * * * * * (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(b). * * * * * NOTE 2 to 73.671: Until analog channels are returned to the Commission, the Commission will apply the following
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- issued on April 22, 2003, and reduce the assessed forfeiture against Salazar to thirty-four thousand dollars ($34,000). The Forfeiture Order imposed a monetary forfeiture in the amount of thirty-nine thousand dollars ($39,000) against Salazar, for willfully and repeatedly violating Sections 301 and 303(q) of the Communications Act of 1934, as amended, (the ``Act'') and Sections 11.35(a), 17.51, 73.1125(a), 73.1350(a) and 73.3526 of the Commission's Rules. BACKGROUND On April 8, 2002, agents from the Commission's Kansas City, Missouri Field Office (``Field Office'') conducted an on-site investigation of Station KTCM(FM). The agents determined that Salazar was licensed to operate Station KTCM(FM) and that the license specified Kingman, Kansas as the station's community of license. However, the agents found that the station had been
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- issued on April 22, 2003, and reduce the assessed forfeiture against Salazar to thirty-four thousand dollars ($34,000). The Forfeiture Order imposed a monetary forfeiture in the amount of thirty-nine thousand dollars ($39,000) against Salazar, for willfully and repeatedly violating Sections 301 and 303(q) of the Communications Act of 1934, as amended, (the ``Act'') and Sections 11.35(a), 17.51, 73.1125(a), 73.1350(a) and 73.3526 of the Commission's Rules. BACKGROUND On April 8, 2002, agents from the Commission's Kansas City, Missouri Field Office (``Field Office'') conducted an on-site investigation of Station KTCM(FM). The agents determined that Salazar was licensed to operate Station KTCM(FM) and that the license specified Kingman, Kansas as the station's community of license. However, the agents found that the station had been
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- in Section 73.1620 apply only when construction is completed in accordance with the terms of the station's license. Because KOLI commenced operation as a commercial station, it was not operating in accordance with its noncommercial educational authorization, claimed Apex, and the staff should revoke KOLI's PTA. Apex also argued that High violated the public inspection file rule, 47 C.F.R. 73.3526, because the KOLI public inspection file was in Brunswick, Georgia, nearly 1000 miles from Electra, Texas. The allegations and arguments from the informal objection and related pleadings were repeated in a petition to deny the subsequently filed assignment application. 17. KOLI(FM) Assignment Application. On April 21, 1998, Cumulus and High filed an application to obtain Commission consent to assign the
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- ``'bedrock obligation' of every broadcast licensee,'' citing Deregulation of Radio, 84 F.C.C.2d 968, 977, 982, on recon., 87 F.C.C.2d 797 (1981), remanded on other grounds sub nom., Office of Communication of the United Church of Christ v. F.C.C., 707 F.2d 1413 (D.C. Cir. 1983), and En Banc Programming Inquiry, 44 F.C.C. 2303, 2312 (1960)). See also 47 C.F.R. 73.1120, 73.3526(e)(12). See Palmetto Communications Company, 6 FCC Rcd 1527 (Rev. Bd. 1991). Accord Pasadena Broadcasting Co. v. F.C.C., 555 F. 2d 1046, 1050-51 (D.C. Cir. 1977) (first local transmission service to a smaller community is preferred over service merely complementing preexisting local operations at a larger community). Two applications for review in that MX group, including ALM's, are still pending, and
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- 8, 1999, they were in ``disarray'' and contained ``no current files containing FCC-required materials.'' DRI provided no response to ABS' public file allegations. 17. With respect to the public file violation, we note that the Commission's Enforcement Bureau, for unrelated reasons, independently examined WDIS' operations on September 14, 1999, and identified, inter alia, the existence of a violation of Section 73.3526. Pursuant to well-established precedent, we conclude that the public file violation does not warrant denial or designation of the renewal application for hearing. However, we believe that the violation does warrant an additional forfeiture. 18. 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. The
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- WORLD, January 7, 2004. 47 U.S.C. 336(e). See id. We note that Section 336(e) of the Act sets forth factors for the Commission to consider in establishing fees for ancillary DTV services. Id. See February 19, 2002, Comments of iBiquity at 11. See DAB R&O, 17 FCC Rcd at 20003. 47 U.S.C. 303. See, e.g., 47 C.F.R. 73.3526(e)(12) (commercial stations) and 47 C.F.R. 73.3527(e)(8) (noncommercial stations). In the SDARS Report and Order, the Commission held that satellite radio companies should comply with Sections 312 and 315 of the Act because the political broadcast provisions "make a significant contribution to freedom of expression by enhancing the ability of candidates to present, and the public to receive, information necessary
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- ``'bedrock obligation' of every broadcast licensee,'' citing Deregulation of Radio, 84 F.C.C.2d 968, 977, 982, on recon., 87 F.C.C.2d 797 (1981), remanded on other grounds sub nom., Office of Communication of the United Church of Christ v. F.C.C., 707 F.2d 1413 (D.C. Cir. 1983), and En Banc Programming Inquiry, 44 F.C.C. 2303, 2312 (1960)). See also 47 C.F.R. 73.1120, 73.3526(e)(12). First Broadcasting Petition at 16-17. In its hypothetical, First Broadcasting proposes a situation in which Community A receives eight aural services licensed to nearby communities, plus its own sole local transmission service, whereas Community B receives only two aural services, one of which is off the air, and which has no local transmission service of its own. First Broadcasting states
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- amended (``Act'') and Section 73.1350(a) of the Commission's Rules (``Rules''), failed to maintain antenna structure lighting in willful and repeated violation of Sections 303(q) of the Act and Section 17.51 of the Rules, and failed to comply with the Emergency Alert System, the main studio and the public information requirements in willful and repeated violation of Sections 11.35(a), 73.1125(a) and 73.3526 of the Rules. Based on the findings, the Order assessed a forfeiture in the amount of thirty-four thousand dollars ($34,000) against Salazar. In her petition, Salazar provided new information regarding her financial condition. Given the new information, we are reducing the forfeiture amount from $34,000 to $15,500. As reduced, the forfeiture amount is well below the $39,000 total of the
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- L.J. 329 at 344 n. 80 (2004) citing FCC, PUBLIC SERVICE RESPONSIBILITY OF BROADCAST LICENSEES 47 (1946). 56 FED. COMM. L.J. at 338. 47 C.F.R. 73.1212((d), 76.1615(c). For political or controversial programming that is five minutes or less in duration, only one announcement must be made, at the beginning or the end of the material. Id. 47 C.F.R. 73.3526, 73.3527. 47 C.F.R. 73.1212(e). 47 C.F.R. 508(g). E.g., Letter from Josh Silver, Executive Director, Free Press, et al, to Hon. Kevin Martin, Chairman, FCC et al. (March 21, 2005). The Commission has also received recently thousands of emails about VNRs. Letter from Hon. John F. Kerry, U.S. Senator, to Hon. Michael Powell, Chairman, FCC (March 15, 2005); Letter from
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- at 6; Nickelodeon Petition for Reconsideration at 24; WB Television Network Petition for Reconsideration at 18-19. Univision Comments at 4-5. Univision requests that the Commission clarify that a ``third party'' is ``any entity other than the licensee and those entities directly under the licensee's control.'' Id. at 5. Coalition Reply Comments at 13. See FCC Form 303-S; 47 C.F.R. 73.3526(e)(11)(ii). 2004 Order at 22962. See 47 C.F.R. 76.225, Note 3; 76.1703. 2004 Order at 22963; Report and Order, Policies and Rules Concerning Children's Television Programming, 6 FCC Rcd 2111, 2112 (1991), recon. granted in part, 6 FCC Rcd 5093 (1991). 2004 Order at 22963. 4Kids Entertainment Petition for Reconsideration at 4-5; Advertisers Petition for Reconsideration at 4-5; Fox Entertainment
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- deny the Application for Review, filed on October 26, 2004 by Radio X Broadcasting Corporation (``Radio X''), licensee of FM Broadcast Station WXLX, Lajas, Puerto Rico, and owner of antenna structure number 1043256, Cabo Rojo, Puerto Rico, of the Enforcement Bureau's (``Bureau'') Memorandum Opinion and Order (``Bureau Order''), released September 28, 2004. In affirming willful violations of Sections 17.50 and 73.3526(b) of the Commission's Rules (``Rules''), the Bureau Order granted in part and denied in part Radio X's Petition for Reconsideration of a Bureau Forfeiture Order, and reduced the monetary forfeiture from twenty thousand dollars ($20,000) to sixteen thousand dollars ($16,000). The noted violations involved Radio X's failure to clean or repaint its antenna structure to maintain good visibility and its
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- days following the filing of its license renewal application. In the reports, VISC must either certify that the station has complied with the minimum operating schedule in Section 73.1740 at all times since its last report or, if not, detail the extent of the station's operations within that period. The station's most recent issues/program list, prepared in accordance with Section 73.3526(e)(12), should be included with each report submitted to the Commission. III. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, That the Application for Review filed on September 24, 2002, by V.I. Stereo Communications Corp. IS GRANTED to the extent indicated herein, and IS DENIED in all other respects. 13. IT IS FURTHER ORDERED, That call sign DWVIS(FM) (which indicated the station's
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- reference room contains no ``filed'' ownership reports subsequent to January 31, 1991. 47 C.F.R. 1.361 (other proof of official record). The rule requiring educational stations to keep ownership reports was formerly at Section 73.3615(g), and is not at Section 73.3527(e)(8). See Review of Public Inspection Files, 13 FCC Rcd 15691 (1998), recon granted, 14 FCC Rcd 10922 (1999). Section 73.3526 pertains to public inspection files of commercial stations and has no application to KALW(FM), an educational station. It is officially noted that the Commission has abolished the supplemental ownership report requirement. See Biennial Regulatory Review et seq., 13 FCC Rcd 11349, 11380 (1998). Mr. Sanchez's billing records reflect time spent during this period selecting documents for Mr. Ramirez. (EB Exh.
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- Commissioner, and the Honorable Robert M. McDowell, Commissioner, Federal Communications Commission, received May 24, 2007. (``Letter'') See Appendix B. Id. at 3. Id. Letter at 3. The Commission's toll-free consumer helpline (1-888-CALL-FCC), for instance, currently has an IVR system so that consumers can press a button to request that DTV materials be mailed to them. Id. See 47 C.F.R. 73.3526. Id. Letter at 3. Id. Id. at 4. See 47 C.F.R. 1.1206(b). See id., 1.1206(b)(2). The Paperwork Reduction Act of 1995 (``PRA''), Pub. L. No. 104-13, 109 Stat 163 (1995) (codified in Chapter 35 of title 44 U.S.C.). See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 - 612, has been amended by the Small
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- to place their public inspection files on their websites. Instead, we will simply permit television stations, over which we do have jurisdiction, to comply with our requirements by placing their public files on their SBAs' websites, as long as their SBA permits, and the stations provide a link to their public inspection files from their own websites. Political File. Sections 73.3526(e)(6), 73.3527(e)(5), and 73.1943 of the Commission's Rules require that stations keep as part of their public inspection files a ``political file.'' The political file chiefly consists of ``a complete and orderly record ... of all requests for broadcast time made by or on behalf of a candidate for public office, together with an appropriate notation showing the disposition made by
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- the public interest obligations of radio broadcast licensees, see Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Service, Second Report and Order, First Order on Reconsideration and Second Further Notice on Proposed Rulemaking, (MM Docket No. 99-325, 22 FCC Rcd 10344, 10391 (2007). The Commission has failed to act on either proceeding. See, e.g., 47 C.F.R. 73.3526(e)(11)(i)(requiring broadcasters to prepare and maintain in a public file a quarterly list of that station's most significant treatment of community issues). Revision of Programming and Commercialization Policies, Ascertainment Requirements and Program Log Requirement for Commercial Television Stations, 98 F.C.C. 2d. 1046, 1107 (1984). -
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- 968, 997-98 (1981) (``Radio Deregulation Order''); Revision of Programming and Commercialization Policies, Ascertainment Requirements and Program Log Requirements for Commercial Television Stations, Report and Order, 98 F.C.C. 2d 1075, 1099 (1984) (``Commercial Television Deregulation Order''). See Radio Deregulation Order, 84 F.C.C.2d at 1009-10 103-05; Commercial Television Deregulation Order, 98 F.C.C.2d at 1107-08 71. See also 47 C.F.R. 73.3526(e)(11)(i) (commercial television issues/program lists); 73.3526(e)(12) (commercial radio issues/programs lists); 73.3527(e)(8) (noncommercial radio and television issues/programs lists). See Public Interest Obligations of TV Broadcast Licensees, Notice of Inquiry, 14 FCC Rcd 21633, 21640-41 15 (``DTV Public Interest NOI''). See Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, Notice of Proposed Rule Making, 15 FCC Rcd 19816,
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- operating in that mode. That is, a radio station providing digital audio programming service analogous to the analog audio service subject to regulation by the Commission must comply with such regulations that apply to that service, unless otherwise specified or clarified in this Second Report and Order. The Commission's station log and public file requirements, under Section 73.1820 and Sections 73.3526 and 73.3527, respectively, are some of the rules that apply in this context. Other statutory requirements and Commission regulations that apply to DAB, but need further explanation, are discussed below. We again remind broadcasters of the importance of meeting their existing public interest obligations and encourage them to increase public disclosure of the ways in which they serve the public
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- have such applications pending. Those that have pending renewal applications are addressed herein. Each of these applications is the subject of a petition to deny and/or discloses a failure by Citadel Broadcasting to have maintained certain quarterly station issues/programs lists for public inspection. As discussed below, we propose forfeitures against Citadel Broadcasting for its willful and repeated violations of Section 73.3526 of the Rules in the total amount of $21,000, and grant the renewal applications for these Citadel Broadcasting stations captioned above and otherwise deny the petitions to deny. We also grant the Merger Applications and the Trust Application, subject to the condition that Citadel Broadcasting divest the 11 radio station licenses specified in the Trust Application to the insulated trust
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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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- of the Order in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A Amended Rules Part 73 of Title 47 of the Code of Federal Regulations are amended as follows: Part 73 - Radio Broadcast Services 1. The authority citation for Part 73 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 303, 334, 336. 2. Section 73.3526 is revised to read as follows: 73.3526 Local Public Inspection File of Commercial Stations * * * * * (e) Contents of the file. * * * * * (11)(iv) DTV Transition Education Reports. For full-power commercial TV broadcast stations, both analog and digital, on a quarterly basis, a completed Form 388, DTV Consumer Education Quarterly Activity Report. The
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DTV Quarterly Activity Station Report Instructions This form must be filed by all broadcasters subject to the requirements of 47 C.F.R. 73.3526 and 73.3527. It should be used to provide the Federal Communications Commission (FCC) with information pertaining to all station activity to educate consumers on the transition to digital television (DTV). All stations should log DTV Transition-Related Public Service Announcement (PSAs) and other DTV activities using the appropriate house (identification) numbers. These logs or records should include the date and time
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- and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), we find that Puerto Rico Public Broadcasting Corporation (the ``Licensee''), licensee of Stations WIPR-TV, WIPR-FM and WIPR(AM), San Juan, Puerto Rico, and WIPM-TV, Mayaguez, Puerto Rico (the ``Stations''), 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 Commission's Rules (the ``Rules'') by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') self-assessment, record keeping, recruitment source information, interviewee information and public file 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 eight thousand dollars ($8,000).
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- Opinion and Order, 19 FCC Rcd 23128 (2004), recon. denied, 23 FCC Rcd 2512 (2008). Romar Communications, Inc., 19 FCC Rcd at 23130, 6 & n.13, citing RKO, 5 FCC Rcd at 3223. Long Nine Reply to Opposition, n. 2. See, e.g., In the Matter of Broadcast Localism, Notice of Inquiry, 19 FCC Rcd 12425 (2004). See 47 C.F.R. 73.3526(e)(12). See also Deregulation of Radio, Report and Order, 84 FCC 2d 968 (1981), recon. granted in part, 87 FCC 2d 796 (1981), aff'd in relevant part, Office of Communication of United Church of Christ v FCC, 707 F.2d 1413, 1435 (D.C. Cir. 1983). The Tuck standard examines: (1) the station's proposed signal coverage over the urbanized area (the ``Coverage Factor'');
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- (``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''), we find that W.S. Communications, L.L.C. (the ``Licensee''), licensee of Stations KWGL(FM), Ouray, Colorado and KAVP(AM), Colona, Colorado (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(1)(i), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6), 73.2080(c)(6)(iii), 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'') self-assessment, record keeping, recruitment source information, interviewee information and public file 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 fourteen thousand dollars ($14,000). We impose reporting
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- that Cumulus Licensing LLC (the ``Licensee''), licensee of Stations WPEZ(FM), Jeffersonville, Georgia; WIFN(FM) (formerly WAYS (FM)), Macon, Georgia; WDDO(AM), Macon, Georgia; WAYS(AM) (formerly WWFN(AM)), Macon, Georgia; WDEN-FM, Macon, Georgia; WMAC(AM), Macon, Georgia; WMGB(FM), Montezuma, Georgia; and WLZN(FM) (formerly WMKS(FM)), Macon, Georgia (collectively, the ``Stations'' and each a ``Station''), apparently willfully and repeatedly violated Sections 73.2080(c)(2), 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 Commission's Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') record-keeping, recruitment source information, interviewee information, EEO initiative, self-assessment, and public file 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 fourteen thousand dollars ($14,000). We
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- Cir. Sept. 3, 2004). See, e.g., In the Matter of Broadcast Localism, 19 FCC Rcd 12425 (2004). See Deregulation of Radio, 84 FCC 2d 968 (1981), recon. granted in part, 87 FCC 2d 796 (1981), aff'd in relevant part, Office of Communication of United Church of Christ v FCC, 707 F. 2d 1413, 1435 (D.C. Cir. 1983). 47 C.F.R. 73.3526(e)(12). 47 U.S.C. 309(k). 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). The Clear Channel application to implement this reallotment (File No. BPH-20031112AIA) was granted on May
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- any deficiency in the analysis in those cases or explained why a different approach is warranted here. See Deregulation of Radio, 84 FCC 2d 968 (1981), recon. granted in part, 87 FCC 2d 797 (1981), aff'd in relevant part, Office of Communication of United Church of Christ v. FCC, 707 F. 2d 1413, 1435 (D.C. Cir. 1983). 47 C.F.R. 73.3526(e)(12). 47 U.S.C. 309(k). 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-200112AIA (May 24, 2001). Policies to Promote Rural Radio Service and Streamline Allotment and Assignment Procedures, Notice of Proposed
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- 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''), we find that Dickey Broadcasting Company (the ``Licensee''), licensee of Stations WALR(AM), Atlanta, Georgia, WCNN(AM), North Atlanta, Georgia, and WFOM(AM), Marietta, Georgia (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6)(iv) and 73.3526(e)(7) of the Commission's Rules (the ``Rules'') by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') self-assessment, record keeping, interviewee information and public file 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 seven thousand dollars ($7,000). We also impose
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- 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''), we find that Urban Radio I, LLC (the ``Licensee''), licensee of Stations WLIB(AM) and WBLS-FM, New York, New York (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(3), 73.2080(c)(5), 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'') self-assessment, record keeping, interviewee information, and public file 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 eight thousand dollars ($8,000). We impose reporting conditions on the
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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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- the station and the members of the local community it is licensed to serve. See id. 73.1125. In addition, the main studio also must house a public inspection file, the contents of which must include ``a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period.'' See id. 73.3526(e)(11)(i) (commercial TV issues/program list). The purpose of this requirement is to provide both the public and the Commission with information needed to monitor a licensee's performance in meeting its public interest obligation of providing programming that is responsive to its community. See Revision of Programming and Commercialization Policies, Ascertainment Requirements, and Program Log Requirements for Commercial Television Stations, MM Docket
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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''), we find that Fox Television Stations, Inc. (the ``Licensee''), licensee of Stations WDCA(TV) and WTTG(TV), both of Washington, D.C. (collectively, the ``Stations'' and each a ``Station''), apparently willfully and repeatedly violated Sections 73.2080(c)(1), 73.2080(c)(1)(i), 73.2080(c)(3), 73.2080(c)(5)(v), 73.2080(c)(5)(vi), 73.2080(c)(6)(iii), 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, record-keeping, self-assessment, and public file 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 conditions on the Licensee
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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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- the subjective determination of a listener or group of listeners as to what constitutes ``good'' programming. Further, the Commission will not interfere with the exercise of a licensee's news judgment where there is no showing that the licensee consistently and unreasonably ignored matters of public concern. Young has made no such showing. With respect to Young's public file allegations, Section 73.3526(a) of the Rules requires all licensees of commercial broadcast stations to maintain a public inspection file containing certain designated information. That Rule does not require that ``the views of the hosts'' be included in the station's public inspection file. Although the Rule does require that ``a brief narrative describing what issues were given significant treatment'' in programs concerned with ``community
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- these rules, to comply with either paragraph (c) or (d) of this Section. For each such noncommercial station, a licensee or permittee must elect, by the effective date of these rules, to comply with paragraph (c), (d), or (e) of this Section. A licensee or permittee must note their election via the filing of Form 388 as required by Section 73.3526 and 73.3527 of this Part. (b) The following requirements apply to paragraphs (c), (d), and (e): The station must comply with the requirements of the paragraph it elects with respect to its analog channel and its primary digital stream. Any Public Service Announcement aired to comply with these requirements must be closed-captioned, notwithstanding Section 79.1(d)(6) of this chapter. The campaign
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- these rules, to comply with either paragraph (c) or (d) of this Section. For each such noncommercial station, a licensee or permittee must elect, by the effective date of these rules, to comply with paragraph (c), (d), or (e) of this Section. A licensee or permittee must note their election via the filing of Form 388 as required by Section 73.3526 and 73.3527 of this Part. (b) The following requirements apply to paragraphs (c), (d), and (e): The station must comply with the requirements of the paragraph it elects with respect to its analog channel and its primary digital stream. Any Public Service Announcement aired to comply with these requirements must be closed-captioned, notwithstanding Section 79.1(d)(6) of this chapter. The campaign
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- elect by March 27, 2008 to comply with either paragraph (c) or (d) of this section. For each such noncommercial station, a licensee or permittee must elect, by March 27, 2008 to comply with paragraph (c), (d), or (e) of this Section. A licensee or permittee must note their election via the filing of Form 388 as required by 73.3526 and 73.3527. (b) The following requirements apply to paragraphs (c), (d), and (e) of this section: The station must comply with the requirements of the paragraph it elects with respect to its analog channel and its primary digital stream. Any Public Service Announcement aired to comply with these requirements must be closed-captioned, notwithstanding 79.1(d)(6) of this chapter. The campaign
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- Broadcast Service, Second Report and Order, First Order on Reconsideration and Second Further Notice of Proposed Rulemaking, 22 FCC Rcd 10344, 10391 (2007). Until the effective date of the new disclosure rules, television broadcast stations, like radio stations, continue to be required to report on their public interest programming by means of the quarterly issues/programs list. See 47 C.F.R. 73.3526 (commercial stations) and 73.3527 (noncommercial educational stations). In its April 2009 study, ``Home Broadband Adoption 2009,'' Pew found that 63% of adult Americans have broadband Internet access at home, leaving one third of the population without broadband access in the home. See http://www.pewinternet.org/Reports/2009/10-Home-Broadband-Adoption-2009. aspx. See infra, Section IV.C.2., for a discussion of the Commission's Broadband Plan. As noted above, we
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- review of television license renewal applications the extent to which the licensee has complied with such commercial limits. Pursuant to this statutory mandate, the Commission adopted Section 73.670 of the Rules, which limits the amount of commercial matter which may be aired during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. 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
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- amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), we find that KSKN Television, Inc. (the ``Licensee''), licensee of Station KSKN(TV), Spokane, Washington (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. 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 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 seventy thousand dollars ($70,000). II. BACKGROUND In the Children's Television Act of 1990, (the ``CTA''), Congress
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- licensees.'' A station's public file is currently composed of both items that have to be filed with the Commission and items that are only available in the public file at the station. The items that have to be filed with the Commission or are otherwise available on the Commission's website, and their retention periods, are: FCC Authorizations (as required by 73.3526(e)(1), 73.3527(e)(1)) (retain until replaced); Applications and related materials (as required by 73.3526(e)(2), 73.3527(e)(2)) (retain until final action taken on the application); Contour Maps (as required by 73.3526(e)(4), 73.3527(e)(3)) (retain as long as they reflect current, accurate information regarding the station); Ownership reports and related materials (as required by 73.3526(e)(5), 73.3527(e)(4)) (retain until a new, complete ownership report is filed with
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- 32 (1984). Programming that meets this obligation to be responsive to the needs and interest of the community of license is sometimes referred to as ``public interest programming.'' Revision of Programming and Commercialization Policies, Ascertainment Requirements, and Program Log Requirements for Commercial Television Stations, Report and Order, 98 F.C.C.2d 1075, 1107-11 (1984) (``TV Deregulation''); see also 47 C.F.R. 73.3526(e)(11), 73.3527(e)(8). 47 C.F.R. 73.3526(e)(11). TV Deregulation, 98 F.C.C.2d at 1109. Id. at 1109-10. . The Advisory Committee was convened to examine the public interest obligations of broadcasters as they transitioned to digital technology, and was directed to develop formal recommendations concerning the public interest obligations of digital broadcasters. See Advisory Committee Report at 136. The Committee was composed of
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- A, Final Rules (47 C.F.R. 73.682(e)(5)(i), (iii), 76.607(a)(5)(i), (iii)). See supra, para. 38. ACA Ex Parte at 3 (October 26, 2011). We note that a television broadcast station must retain in its local public inspection file a copy of a complaint filed with the Commission about a loud commercial under the Commission's existing rules. See 47 C.F.R. 73.3526(e)(10) (requiring commercial TV stations to retain in its local public inspection file material relating to a Commission investigation or complaint to the Commission). The rule requires a station to retain the complaint in its public file until it is notified in writing that the complaint may be discarded. See supra note 35. We also encourage consumers to visit the Consumer
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- and the Transfer Applications. ``Parties'' means the Commission and the Licensee collectively, and ``Party'' refers to the Commission and the Licensee individually. ``Petition to Deny'' means the ``Petition to Deny FCC Applications'' filed in opposition to the Transfer Applications and the Assignment Application by Rita Guajardo Lepicier on June 21, 2010. ``Public File Rule'' means the requirements contained in Section 73.3526 of the Rules. ``Rules'' means the Commission's regulations found in Title 47 of the Code of Federal Regulations. ``Station'' means station KWHY-TV, Los Angeles, California (Facility ID No. 26231). ``Transfer Applications'' means the applications seeking approval of the transfer of control of certain licensee subsidiaries of General Electric Company to Comcast Corporation (Lead Application File No. BTCCDT-20100128AAG). II. BACKGROUND 3.
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- the complaint type menu for ``Broadcast (TV and Radio), Cable, and Satellite Issues.'' We will also add specific questions which relate to the filing of a loud commercial complaint. See infra 35 (discussing complaint details). . See supra 16 (discussion of demonstrating safe harbor compliance), 22 (discussion of other ways to demonstrate compliance). . See 47 C.F.R. 73.3526(e)(10) (requiring commercial TV stations to retain in its local public inspection file material relating to a Commission investigation or complaint to the Commission). The rule requires a station to retain the complaint in its public file until it is notified in writing that the complaint may be discarded. Id. See also 47 C.F.R. 73.3527(e)(11) (relating to noncommercial TV stations).
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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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- this Second Report and Order, within six months after the Commission publishes a notice in the Federal Register announcing OMB approval. Until July 1, 2014, stations not in the top 50 DMAs and all stations not affiliated with the top four networks, regardless of the size of the market they serve, are exempt from the requirement, under 47 C.F.R. 73.3526(b)(3) and 73.3527(b)(3), of filing their political file online. IT IS FURTHER ORDERED that the proceeding in MM Docket No. 00-44 is terminated. IT IS FURTHER ORDERED that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Second Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
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- capacity, and efficiency. We must fully understand the capabilities of the proposed database in determining filing requirements and deadlines. In these times when the government is making do with less, I question whether implementing a new and complex database is the best use of Commission assets. Accordingly, I respectfully approve in part and dissent in part. See 47 C.F.R. 73.3526, 73.3527. See Id. 73.1943, 73.3526(e)(6), 73.3527(e)(5); Bipartisan Campaign Reform Act of 2002 504, 47 U.S.C. 315(e) (2002) (codifying the Commission's rules and requiring broadcaster disclosure of political issue ads, by expanding the criteria to purchases of broadcast time ``relating to any political matter of national importance.'' Compare New Section 0.418 and Amendment of Sections 0.417 (formerly in
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- Dec. 6, 2000). In the Matter of 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 (1998), revised in part on reconsideration, 14 FCC Rcd 11113 (1999) (Main Studio and Public File Rules Report and Order). See also 47 C.F.R. 73.1125; 73.3526 and 73.3527. The Commission's goals in amending these rules was to strike an appropriate balance between ensuring that the public has reasonable access to each station's main studio and public file, minimizing regulatory burdens on licensees, and establishing rules that are easy to administer and understand. 47 U.S.C. 534(b)(4)(B). Telecommunications Services Inside Wiring: Customer Premises Equipment and Implementation and
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- in content regulation? 50. Statutory requirements that now apply to LPTV stations must also apply to Class A stations; for example, the prohibitions on the broadcasting of obscene material. In creating the LPTV Federal Communications Commission FCC 99-257 69 Report and Order in BC Docket No. 78-253 at para 105. Citation given in footnote 5, supra. 70 47 C.F.R. Sections 73.3526 and 73.3527. 71 47 C.F.R. 73.1125. 72 47 C.F.R. 73.671. 73 47 C.F.R. 73.670. 22 service, the Commission determined that the "equal time" and "lowest unit charge" provisions in Sections 312(a)(7) and 315 of the Communications Act would apply to LPTV stations "to the extent their origination capacity permits...[T]he reasonable requests of legally qualified candidates for federal elective office
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- or eight minutes on the Internet). 47 U.S.C. 309(k). This public interest requirement goes back to the Radio Act of 1927, 44 Stat.1162, and was carried over by Congress in the Communications Act of 1934, 48 Stat. 1064. National Broadcasting Co. v. United States, 319 U.S. 190, 216 (1943). 47 U.S.C. 307(a), 309(a), 309(k), 310(d). 47 C.F.R. 73.3526(a)(8) and (9) and 73.3527(a)(7). See also Deregulation of Radio, BC Docket No. 79-219, Report and Order, 84 FCC 2d 968, 982 (1981). See 47 U.S.C. 312(a)(7), 315; 47 C.F.R. 73.1941 (equal opportunities); 47 C.F.R. 73.1942 (candidate rates); 47 C.F.R. 73.1944 (reasonable access). Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at
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- required to provide, and did not include measures designed to inform the public about educational programming. Within a few years after these initial rules took effect, questions began to be raised regarding the effectiveness of the new rules, and in particular about the content of the programs stations claimed were educational. 22 47 C.F.R. 73.673. 23 47 C.F.R. 73.3526(a)(11)(iii). 24 For an experimental period of three years after the effective date of the 1996 rules, the Reports were required to be filed with the Commission on an annual basis, and can be accessed by the public through the FCC's children's television webpage. The Commission has adopted a Report and Order and Further Notice of Proposed Rulemaking today that extends
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- Program Log Requirements for Commercial Television Stations, MM Docket No. 83-760, Report and Order, 98 F.C.C. 2d 1076, 1091, 32 (1984) (Programming and Ascertainment Report and Order), recon. denied, 104 F.C.C. 2d 358 (1986), aff'd in part and remanded in part sub nom. Action for Children's Television v. FCC, 821 F.2d 741 (D.C. Cir. 1987)). 14 47 C.F.R. 73.3526(e)(11)(i). 15 47 C.F.R. 73.3526(e)(11)(ii). 16 47 C.F.R. 73.3526(e)(11)(iii). Television and radio broadcast station licensees must also maintain information in their public inspection files on applications, authorizations, citizens agreements, service contour maps, ownership reports, annual employment reports, written correspondence with the public on station operations, material related to Commission investigations or complaints, and certification that the licensee is complying
- http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
- meaningful oversight requires public access to information. Of special concern to commenters was the projected impact of ending the practice of having unredacted sales agreements available for inspection in the Commission's Federal Communications Commission FCC 98-281 77 Applications granted pursuant to a waiver showing, however, must be retained for as long as the waiver is in effect. 47 C.F.R. 73.3526(e)(2) and 73.3527(e)(2). See generally, Review of the Commission's Rules Regarding the Main Studio and Local Public Inspection Files of Broadcast Television and Radio Stations, FCC 98-175 (rel. August 11, 1998). ( 54-55) ("Main Studio Order"). 78 In light of the contract submission procedures adopted herein, we will continue to impose the transfer disclosure requirements of Section 1.2111(a) of the Commission's
- http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.pdf
- Docket 97-138, 12 FCC Rcd 6993, 6999 (1997). Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of )) MM Docket No. 97-138 Review of the Commission's Rules ) RM-8855 regarding the main studio and ) RM-8856 local public inspection files of ) RM-8857 broadcast television and radio stations ) RM-8858 ) RM-8872 47 C.F.R. 73.1125, ) 73.3526 and 73.3527 ) MEMORANDUM OPINION AND ORDER Adopted: May 25, 1999 Released: May 28, 1999 By the Commission: Table of Contents Paragraph I. Introduction 1 II. Issue Analysis 3 A. Accommodation 3 B. Document Retention Requirements 24 C. Miscellaneous Matters 41 III. Administrative Matters 47 I. INTRODUCTION 1. In the Report and Order1 in this proceeding, we amended our rules
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- terms that affect programming or other core operations of the stations such that they are, in fact, substantively equivalent to LMAs.260 We will retain our current policies concerning JSAs.261 Furthermore, in the absence of specific evidence of widespread abuse of JSAs by broadcasters, we also decline to adopt the Federal Communications Commission FCC 99-207 262 We will accordingly amend Section 73.3526 of the Commission's Rules, 47 C.F.R. 73.3526, which sets forth the public inspection file requirements for broadcasters, and Section 73.3613(e) of the Commission's Rules, 47 C.F.R. 73.3613(e), which discusses station agreements that must be kept on file at the station and made available for inspection by Commission personnel upon request. 263 See, e.g., Shareholders of Citicasters, Inc., 11
- http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf
- Main Studio Rule, Public File Rule and Ownership Reporting Requirements Background. In the Notice, we invited comment on whether LPFM stations of each class should be subject to the variety of other rules in Part 73 with which full power stations must comply, including, for example, the main studio rule (47 C.F.R. 73.1125(a)), public file rule (47 C.F.R. 73.3526, 73.3527), and the periodic ownership reporting requirements (47 C.F.R. 73.3615). Given the purposes and power levels of LP1000 stations, we tentatively concluded that LP1000 licensees should generally meet the Part 73 rules applicable to full power FM stations. However, the Notice sought comment on whether sufficient useful purpose would be served in applying each rule to these licensees. We
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- recruitment source utilized for any full-time vacancy during the preceding year, the total number of applicants generated by that source, the number of those applicants who were female, and the number of those applicants who were minority, identified by the applicable racial and/or national group with which each applicant is associated. We shall amend the public inspection file rules, Sections 73.3526 and 73.3527, to reflect these new requirements. Broadcasters are free to utilize any format in their public file report to avoid unnecessary duplication as long as the report clearly provides the information requested. For instance, if a broadcaster utilized the same recruitment sources for all its vacancies, it may maintain a single list of those sources, indicating that they were
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- frequency, or channel, and no application will be accepted for filing if it requests an alternate frequency or channel. Applications specifying split frequency AM operations using one frequency during daytime hours complemented by a different frequency during nighttime hours will not be accepted for filing. * * * * * 39. Section 73.2526 is amended to read as follows: 73.3526 Local public inspection file of commercial stations. (a) Responsibility to maintain a file. The following shall maintain for public inspection a file containing the material set forth in this section. * * * * * (3) Every permittee or licensee of an AM, FM, TV or Class A TV station in the commercial broadcast services shall maintain a public inspection
- http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00343.pdf
- See also S. Rep. No. 227, 101st Cong., 1st Sess 5-9 (1989) (Senate Report). 4 See Senate Report at 1. 5 See Report and Order, Policies and Rules Concerning Children's Television Programming, MM Docket No. 93-48, 11 FCC Rcd 10660 (1996) ("Children's Programming Report and Order"). 6 47 C.F.R. 73.673 7 47 C.F.R. 73.671 8 47 C.F.R. 73.3526(e)(11)(iii). 9 47 C.F.R. 73.3526(e)(11)(iii). 10 47 C.F.R. 73.3526(e)(11)(iii ) currently states: For an experimental period of three years, licensees shall file these Reports with the Commission on an annual basis, i.e. four quarterly reports filed jointly each year, in electronic (continued....) Federal Communications Commission FCC 00-343 3 these reports identify the educational and informational programs aired by the
- http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.txt
- local public inspection files, with confidential or proprietary information redacted where appropriate. Id. UCC Petition at 18-22. NAB Opposition at 4-5. Telecommunications Act of 1996, Pub. L. No. 104-104, 202(g), 110 Stat. 56 (1996). H.R. Conf. Rep. No. 104-458, at 163 (1996). UCC Petition at 22-23. Report and Order, 14 FCC Rcd at 12601-02, 94; 47 C.F.R. 73.3526(e)(14). Report and Order, 14 FCC Rcd at 12602, 95. Report and Order, 14 FCC Rcd at 12604, 100 (citing Notice of Inquiry in MM Docket No. 87-154, 2 FCC Rcd 3699 (1987)). Report and Order, 14 FCC Rcd at 12609, 112. In 1989, the Commission limited portions of the cross-interest policy so that it would no longer
- http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.txt
- remain undiluted by our decision herein. D. Noncommercial Stations 32. Although we did not solicit comment on this issue in the Notice, and we stated that it is too 62 Notice, supra at 5266. 63 If the signal strength does not reach that threshold, the receiver's screen will freeze or go blank. 64 47 U.S.C. 307(b). 65 47 CFR 73.3526(e)(11) and 73.3527(e)(8). Federal Communications Commission FCC 01-24 15 early to address the needs of public television stations in converting to DTV,66 AAPTS/PBS request special treatment for noncommercial educational television stations. AAPTS/PBS ask that we expand the scope of the proceeding and address specific proposals to benefit public television licensees that they had made earlier in the proceeding. Specifically they ask
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- information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. F. A copy of the completed application and all related exhibits shall be made available for inspection by the public in the applicant's public inspection file pursuant to 47 C.F.R. Sections 73.3526 or 73.3527, unless the applicant requests confidentiality consistent with 47 C.F.R. Section 0.459. G.The applicant must sign the application. Depending on the nature of the applicant, the application should be signed as follows: if a sole proprietorship, personally; if a partnership, by a general partner; if a corporation, by an officer; for an unincorporated association, by a member who is
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- see Memorandum Opinion and Order, [7]FCC 99-118 (released May 28, 1999), we are releasing the revised version of [8]The Public and Broadcasting. The most recent version of this manual, which will be updated periodically by the Bureau, is to be kept in the local public inspection file of all commercial and noncommercial broadcast stations "at all times." See 47 CFR 73.3526 (e)(8), and 73.3527(e)(7). The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Information Center, Room, CY-A257, 445 12th Street, SW, Washington, DC, 20554. The Public and Broadcasting will also be available on the World Wide Web at the Commission's website at [9]www.fcc.gov. For additional information please contact Victoria McCauley
- http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210087-2.pdf
- generally 71132-33, proposing accessible contact points for manufacturers and service providers. Designating a specific representative is similar to the broadcasters' "children's liaison," a designated individual at each television station responsible for handling inquires and complaints regarding compliance with children's programming requirements. The name and method of contacting the children's liaison must be made available to the public. 47 C.F.R. 3 73.3526(a)(8)(iii); See Policies and Rules Concerning Children's Television Programming; Revision of Pronrammina Policies for Television Broadcast Stations, Report and Order, MM Docket No. 93-48, August 8, 1996, 11 FCC Red 10660, 10690. 32 issues concerning Section 255 can be complex; having a knowledgeable staff, familiar with Section 255 and accessibility issues in general, is vital to the successful enforcement of Section
- http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
- Report and Order). In the Matter of 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 (1998), revised in part on reconsideration, 14 FCC Rcd 11113 (1999) (Main Studio and Public File Rules Report and Order). See also 47 C.F.R. 73.1125; 73.3526 and 73.3527. In the Matter of 1998 Biennial Regulatory Review - Amendment of Parts 73 and 74 Relating to Call Sign Assignments for Broadcast Stations, Report and Order, 14 FCC Rcd 1235 (1998) (Call Sign Report and Order). 47 C.F.R. 73.3550. 47 C.F.R. 74.783. Pub. Law No. 105-33, 111 Stat. 251 (1997). In the Matter of Implementation of
- http://transition.fcc.gov/Speeches/Kennard/Statements/2001/CETVReport97-99.doc
- See Appendix, Chart 3. See Appendix, Chart 4. Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. 303a, 303b, 394. 47 U.S.C. 303b. 47 U.S.C. 303a &b. See also S. Rep. No. 227, 101st Cong., 1st Sess 5-9 (1989) (Senate Report). See Senate Report at 1. 47 C.F.R. 73.673, 73.3526(e)(11)(iii). 47 C.F.R. 73.671. 47 C.F.R. 73.671 Note 2. See 47 U.S.C. 303b(b) (providing that, in addition to considering educational and informational programming aired on the licensee's station, the Commission may consider "any special nonbroadcast efforts" by the licensee to enhance the value of such programming and "any special efforts" by the licensee to sponsor programming on another
- http://transition.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.doc http://transition.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.pdf
- license renewal applications containing entertainment programming proposals falling below a certain percentage benchmark could not receive routine staff processing, but would instead be referred to the full Commission for review. Revision of Programming and Commercialization Policies, Ascertainment Requirements, and Program Requirements for Commercial Television Stations, Report and Order, 98 FCC 2d 1076, 1077 (1984) (``TV Deregulation Order''). 47 C.F.R. 73.3526(a)(8)-(9), 73.3527(a)(7). 47 U.S.C. 312(a)(7), 315; 47 C.F.R. 73.1941 (equal opportunities); 47 C.F.R. 73.1942 (candidate rates), 47 C.F.R. 73.1944 (reasonable access). Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. 303a, 303b, 394; 47 C.F.R. 73.670 (advertising), 47 C.F.R. 73.671 (educational and informational programming). 18 U.S.C. 1464;
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237664A1.html
- FORFEITURE Released: February 14, 2003 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Victory & Power Ministries, Inc. (``Victory Ministries''), licensee of radio station WPFC, apparently liable for a forfeiture in the amount of twenty- five thousand dollars ($25,000) for willful violation of Sections 11.35(a), 73.49, and 73.3526(c) of the Commission's Rules (``Rules'').1 Specifically, we find Victory Ministries apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to provide an effective locked fence enclosing the station's antenna tower, and failing to have the station's public inspection file available for inspection during regular business hours. II. BACKGROUND 2. On November 13, 2002, an agent from
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237707A1.html
- of Apparent Liability for Forfeiture (``NAL''), we find Jesse C. Ross and Ernestine A. Ross (``Ross''), licensee of radio station WSAO(AM), Senatobia, Mississippi and owner of the antenna structure at North 34 36' 56'' latitude, West 089 56' 09'' longitude, apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000) for willful violation of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''), and willful and repeated violation of Section 17.4(a) of the Rules.1 Specifically, we find Ross apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to register its antenna structure, and failing to make all of the required documents of the public inspection file available during regular business hours. II. BACKGROUND 2.
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- LIABILITY FOR FORFEITURE Released: April 10, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Clinton Radio Company, licensee of radio stations KDKD and KDKD-FM, apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 11.35(a) and 73.3526(c) of the Commission's Rules (``Rules'').1 Specifically, we find Clinton Radio Company apparently liable for failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to make available all required contents of the public inspection file during regular business hours. II. BACKGROUND 2. On February 11, 1999, the Kansas City Office issued to Clinton Radio Company a Notice of Violation
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-238374A1.html
- of the EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation.'' There was no EAS equipment installed at the station at the time of inspection and there were no EAS logs to demonstrate that the station had EAS equipment installed prior to the inspection. 2.c. 47 C.F.R. 73.3526(a)(2): Every permittee or licensee of an AM, FM, TV or Class A TV station in the commercial broadcast services shall maintain a public inspection file at the station's main studio. There was no public inspection file located at the main studio. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's
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- 16, 2003 By the Enforcement Bureau, Tampa Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Blountstown Communications, Inc. (``Blountstown''), licensee of AM radio station WYBT and FM radio station WPHK, Blountstown, Florida, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 11.35, 73.49 and 73.3526(c) of the Commission's Rules (``Rules'').1 Specifically, we find Blountstown apparently liable for failing to ensure that the Emergency Alert System (``EAS'') equipment was operational, failing to enclose the base of the antenna system with a fence and failing to make available a complete public file. II. BACKGROUND 2. On April 7, 2003, agents from the FCC Enforcement Bureau's Tampa Field
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- Kentucky, and observed the following violation(s): 2.a. 47 C.F.R. 11.52(d): ``Broadcast stations ... must monitor two EAS sources. The monitoring assignments of each broadcast station ... are specified in the State EAS Plan and FCC Mapbook. They are also developed in accordance with FCC monitoring priorities...'' At the time of inspection, WEKC was monitoring one EAS source. 2.b. 47 C.F.R. 73.3526(e)(5): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...Ownership reports and related material. A copy of the most recent, complete ownership report filed with the FCC for the station...'' At the time of inspection, no ownership reports were in the public inspection file. 2.c. 47 C.F.R. 73.3526(e)(8): ``Contents of the file.
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- At the time of inspection, one EAS source was being monitored. 2.c. 47 C.F.R. 11.61(a)(2)(i)(A): ``Tests of EAS procedures...Required Weekly Tests:...AM, FM and TV stations must conduct tests...at least once each week and at random days and times...'' During the six week period from November 2, 2003 to December 13, 2003, only two EAS tests were sent. 2.d. 47 C.F.R. 73.3526(e)(5): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station...'' At the time of inspection, no ownership reports were in the public inspection file. 2.e. 47 C.F.R. 73.3526(e)(6): ``Contents of the file.
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- At the time of inspection, the incorrect EAS sources were being monitored. 2.b. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period from November 2, 2003 to December 13, 2003, there were no entries of EAS received tests 2.c. 47 C.F.R. 73.3526(e)(8): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...The public and broadcasting. At all times, a copy of the most recent version of the manual entitled ``The Public and Broadcasting.'' At the time of inspection, there was no copy of ``The Public and Broadcasting'' in the public inspection file. 2.d. 47
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- of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive...'' During the period from November 2, 2003 to December 13, 2003, there was no review of the station logs by the chief operator. 2.f. 47 C.F.R. 73.3526(c): ``Local public inspection file of commercial stations...Access to material in the file. (1) The file shall be available for public inspection at any time during regular business hours...'' At the time of inspection, the public file was not made available. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules,
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- No. EB-03-CF-334 ) JMK Communications, Inc. ) NAL/Acct. No. 200432340004 WPWC ) Dumfries-Triangle, VA ) FRN: 0006-1615-09 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 4, 2004 By the District Director, Columbia Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that JMK Communications, Inc. (``JMK'') has apparently violated Sections 11.35(a), 73.1745(a), 73.3526(e)(5) and 73.3526(e)(12) of the Commission's Rules1 (``Rules'') by failing to insure that EAS monitoring and transmitting functions are available and operational during the times the station is in operation, operating with unauthorized times and modes, and failing to place the most current ownership report, written comments and suggestions from the public and a list of programs that have provided the
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- FOR FORFEITURE Released: March 5, 2004 By the Enforcement Bureau, Tampa Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Rama Communications, Inc. (``Rama''), licensee of radio station WLAA, Winter Garden, Florida, apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules'').1 Specifically, we find Rama Communications, Inc. apparently liable for failure to have the Emergency Alert System (``EAS'') transmitting functions available during times the station is in operation, and failure to make available upon request the complete public inspection file during regular business hours. II. BACKGROUND 2. On June 3, 2003, the FCC Enforcement Bureau's Tampa
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- completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive...'' During the period September 28, 2003 through January 31, 2004, there was no review of the station logs by the chief operator. g. 47 C.F.R. 73.3526(e)(5): ``Local public inspection file of commercial stations...Contents of the file. The material to be retained in the public inspection file is as follows:...Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate and together
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-246349A1.html
- for both receiving and transmitting EAS activations. According to 47 C.F.R. 11.51(j): Broadcast stations that are co-owned and co-located with a combined studio or control facility, may provide the EAS transmitting requirements contained in this section for the combined stations. Since KBGL is not co-owned, then Hull Broadcasting, Inc. is required to maintain their own EAS equipment. b. 47 C.F.R. 73.3526(e)(12): Commercial broadcast stations, are to compile and file every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter. The list shall include a brief narrative describing what
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- time of the inspection the station logs did not indicate why EAS tests had not been sent or received. The logs also did not indicate why the station was only monitoring one source instead of the required two sources. The station EAS logs that were reviewed at the time of the inspection were from 12/28/03 through 4/10/04. 2.e. 47 C.F.R. 73.3526(b): The public inspection file shall be maintained at the main studio of the station. At the time of inspection the public file was not maintained at the main studio. The public file was located at the Wamego Kansas Public Library and was not up to date. The latest item placed in the public file was the issues/programs list for the
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- or a remote control system to control the transmission system parameters after 9:00 P.M. 2.f. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection, the station did not have a written designation of the chief operator. 2.g. 47 C.F.R 73.3526(e)(5): ``Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material.'' At the time of inspection, the most recent owner ship report was not available. 2.h. 47 C.F.R 73.3526(e)
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- not indicate why EAS tests had not been received or sent. The logs also did not indicate why the station was only monitoring one source instead of the required two sources. With this response provide why this station was not monitoring the secondary source of EAS tests and also why EAS tests were not logged as required. 2.f. 47 C.F.R. 73.3526(e)(5): A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the
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- Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find The Paradise Network of North Carolina, Inc. (``TPN''), licensee of AM radio stations WHNC, Henderson, North Carolina and WCBQ, Oxford, North Carolina, apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35 and 73.3526(c)(1) of the Commission's Rules (``Rules'').1 Specifically, we find TPN apparently liable for failure to install and maintain EAS equipment and for failure to make available for inspection the complete public inspection file. II. BACKGROUND 2. On April 19, 2004, an agent of the Enforcement Bureau's Norfolk Office (``Norfolk Office'') conducted an inspection of the co-located main studios of WHNC and
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- 2004 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Jason Konarz (``Konarz''), licensee of radio station WQMA(AM), Marks, Mississippi, apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Sections 11.35(a), 73.1745(a) and 73.3526(c) of the Commission's Rules (``Rules'').1 Specifically, we find Konarz apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment, operating with excessive power and then 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 2. On May 11, 2004, an agent
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- and observed the following violations: 2.a. 47 C.F.R 11.15 ``A copy of the [EAS Operating] Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty, and immediately available to staff responsible for authenticating messages and initiating actions.'' During the inspection, the EAS Handbook was not available. 2.b. 47 C.F.R. 73.3526(e)(8) ``[Every permittee or licensee of an AM, FM or Class A TV station in the commercial broadcast services shall maintain a public inspection file containing] at all times, a copy of the most recent version of the manual entitled ``The Public & Broadcasting.'' At the time of inspection, ``The Public and Broadcasting'' manual was not available in the public inspection
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- station logs were available at the time of the inspection. 47 C.F.R. 73.1870 (b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, no chief operator designation was posted with the license, or otherwise available for review by the inspectors. 47 C.F.R. 73.3526 (e)(8): ``The public and Broadcasting. At all times, a copy of the most recent version of the manual entitled ``The public and broadcasting.'' At the time of inspection a copy of the manual ``The Public and Broadcasting'' was not available. 47 C.F.R. 73.3526 (e)(12): ``Radio issues/programs list. For commercial AM and FM broadcast stations, every three months a list of
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- Central Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Birach Broadcasting Corp., licensee of radio station WEW. 2. On March 1, 2005, an agent of the Commission's Kansas City Office inspected radio station WEW located in St. Louis, Missouri, and observed the following violation(s): 2.a. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter... The list shall include a brief narrative describing what issues
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- Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Twenty-One Sound Communications, Inc. (``Twenty-One Sound''), licensee of Station KNSX(FM) in Steelville, Missouri, apparently liable for a forfeiture in the amount of twenty five thousand dollars ($25,000) for willful and repeated violation of Sections 11.35(a), 73.1125(a) and 73.3526(a) of the Commission's Rules (``Rules'').1 Specifically, we find Twenty-One Sound apparently liable for failing to maintain Emergency Alert System (``EAS'') equipment in operational readiness condition, failing to maintain a main studio, and failing to maintain a public inspection file consistent with the Rules. II. BACKGROUND 2. On March 1, 2005, an agent with the Commission's Kansas City Office of the
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- following duties ... Review of the station records at least once each week to determine if required entries are being made correctly ... Upon completion of the review, the chief operator or his designee must date and sign the log.'' At the time of the inspection, the Chief Operator was not reviewing or signing the station log. 5.g. 47 C.F.R. 73.3526(e)(12): Radio Issues/programs List. ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter.'' At the time of the inspection, the
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- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 2.i. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the following items were missing from the WURB(FM) public inspection file: 2.i.i. A copy of the current FCC authorization. ( 73.3526(e)(1)) 2.i.ii. Letters and e-mail from the public. ( 73.3526(e)(9)) 2.i.iii. Radio issues/programs lists. ( 73.3526(e)(12))
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- Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Maria L. Salazar, licensee of station KTCM, in Kingman, Kansas, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules (``Rules'')1 by failing to maintain operational emergency alert system (``EAS'') equipment and apparently willfully violated Section 73.3526(e) of the Rules2 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"),3 that Ms. Salazar is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On March 17, 2005, an agent from the Kansas City Office inspected station
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- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 2.i. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the following items were missing from the public inspection file for Station WBXB(FM): 2.i.i. A copy of the current FCC authorization. ( 73.3526(e)(1)) 2.i.ii. Letters and e-mail from the public. ( 73.3526(e)(9)) 2.i.iii. Radio issues/programs lists.
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- request must be made available during that time to duly authorized representatives of the FCC.'' The station stated that it recently replaced its main transmitter, but did not have any record of the replacement. Equipment Performance Measurements failed to identify (e.g., by providing the manufacturer, FCCID, model number and serial number of) the transmitter that was tested. 2.f. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the following items were missing from the public inspection file of Station WHFD(FM): 2.f.i. A copy of the current FCC authorization. ( 73.3526(e)(1)) 2.f.ii. Contour maps. ( 73.3526(e)(4)) 2.f.iii. Ownership reports and related materials. ( 73.3526(e)(5))
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- Williamsburg, KY ) ) FRN 0007 9211 90 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 26, 2005 By the District Director, Detroit Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Gerald Parks (``Parks''), licensee of AM Radio Station WEKC, has apparently willfully and repeatedly violated Sections 17.4(a), 73.3526(e)(4), and 73.3526(e)(12) of the Commission's Rules (``the Rules'').1 These noted violations involve Parks's failure to register the antenna structure and failure to maintain in the public inspection file a service contour map and issues/programs lists. We conclude, pursuant to Section 503(b) of the Act,2 that Parks is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000).
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- an AM station as determined by the procedures specified in 73.51 must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating with 111% of the authorized power of 540 watts. f. 47 C.F.R. 73.3526(e)(5): The public inspection file shall contain ``[a] copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material.'' At the time of inspection, no ownership reports or certifying statements were available. g. 47 C.F.R. 73.3526(e)(8):
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- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 2.g. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of the inspection, no issues-programs listings were found in the station's public inspection file as required by 73.3526(e)(12) for the third and fourth quarters of 2004. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as
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- C.F.R. 73.1820(a)(1)(iii): Entries must be made in the station log, including ``an entry of each test and activation of the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook.'' At the time of the inspection, there were no entries for monthly or weekly EAS tests. c. 47 C. F. R. 73.3526(c)(1): The public inspection file ``shall be available for public inspection at any time during regular business hours.'' Portions of the public inspection file were not available, including letters and e-mail comments from the public, and the issues/ programs lists. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Rules, R &
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- the last 14 months. 2.e. 47 C.F.R. 73.1820(a)(1)(iii): ``An entry [must be made in the station log] of each test and activation of the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook.'' The station log had no entries for EAS tests received after September 3, 2004. 2.f. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of the inspection, no issues- programs listings were found in the station's public inspection file as required by 73.3526(e)(12). Station management stated they were unaware of the requirement to maintain such a list. 3. Pursuant to Section 308(b)
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- failing to maintain Emergency Alert System (``EAS'') equipment in operational condition, failing to file FCC Form 302-FM (``license application'') requesting program test authority (``PTA'') prior to operating its station with a directional antenna, and failing to operate within the terms of the station's broadcast and studio transmitter link (``STL'') authorizations. We also find that Southern Media apparently willfully violated Section 73.3526(e) of the Rules2 by failing to maintain a complete public inspection file. In addition, we admonish Southern Media for its violation of Section 73.1125(a) of the Rules3 by failing to comply with the main studio location requirements. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),4 that Southern Media is apparently liable for a
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- Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Birmingham Christian Radio, Inc. (``BCR''),1 licensee of station WNUZ in Talladega, Alabama, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules (``Rules'')2 by failing to maintain operational Emergency Alert System (``EAS'') equipment, and apparently willfully violated Section 73.3526(c) of the Rules3 by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),4 that BCR is apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000). II. BACKGROUND 2. On March 7, 2005, an agent from the Commission's Atlanta Office of the
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- with not more than 14 months between measurements." The equipment performance measurements were not available and there was no evidence that they had ever been conducted. e. 47 C.F.R. S 73.1800 (a): "The licensee of each station must maintain a station log as required by 73.1820." No station log was available at the time of inspection. f. 47 C.F.R. S 73.3526(e)(13): "Local public notice announcements." No record of local public notice announcements were found in the Public File at the time of inspection. g. 47 C.F.R. S 73.3613 (d)(1): "Each licensee or permittee of a commercial or noncommercial AM, FM, TV or International broadcast station shall file with the FCC copies of the following contracts..." "Time brokerage agreements (also known as
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- #22292 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 19, 2006 By the District, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Frank R. Truatt, the licensee of AM station WTBQ in Warwick, New York, apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Truatt is apparently liable for
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- 27190 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 20, 2006 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ora Roberts Smallwood, III, the licensee of AM radio station WCRR in Rural Retreat, Virginia, apparently willfully violated Sections 11.35 and 73.3526 of the Commission's Rules ("Rules") by failing to maintain operational receiving equipment for required Emergency Alert System ("EAS") monitoring functions and by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Mr. Smallwood is apparently liable for a forfeiture in the amount of eighteen
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- (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." At the time of inspection, a review of the station's EAS log revealed that all tests after July 3, 2006 were entered in an identical fashion. This resulted in no record of the station receiving or transmitting any monthly tests. b. 47 C.F.R. S 73.3526(e)(4) "Contour Maps. A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate, information, regarding
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- ) FRN: 0002834810 Facility ID # 28168 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 3, 2007 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cumulus Licensing, LLC ("Cumulus"), licensee of station WHBX, Tallahassee, Florida, apparently willfully violated Section 73.3526 of the Commission's Rules ("Rules") by failing to make available a complete public inspection file. We also find that Cumulus apparently willfully and repeatedly violated Sections 11.35(a) and 73.1350(b) of the Rules by failing to maintain an Emergency Alert System ("EAS") capable of transmitting an EAS test and failing to maintain a control system that provides personnel the capability to
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- received from the designated local primary stations from December 31, 2006 through February 3, 2007, and no record that RWTs had been sent by KPGE and KXAZ from January 7 through February 3, 2007. In addition, there was no record that the required monthly test had been received or transmitted for the month of January 2007. c. 47 C.F.R. S 73.3526(e)(5): "Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which
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- found the station operating at reduced power during the day. f. 47 C.F.R. S 73.3615(a): "[E]ach licensee of a commercial AM ... station shall file an Ownership Report on FCC Form 323 when filing the station's license renewal application and every two years thereafter on the anniversary of the date that its renewal application is required to be filed." Section 73.3526(e)(5) requires a copy of the most recent, complete ownership report to be maintained in the station's public inspection file. At the time of inspection, the station's public file only included an incomplete ownership report dated September 24, 2004. As of the inspection, 127, Inc. had not filed an updated ownership report on FCC Form 323. 3. Pursuant to Section 308(b)
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- LIABILITY FOR FORFEITURE Released: March 30, 2007 By the District Director, Denver Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Hoak Media of Colorado License, LLC ("Hoak Media"), licensee of Class A television broadcast station KGJT-LP, in Grand Junction, Colorado, apparently willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Commission's Rules ("Rules") by failing to ensure the operational readiness of the station's Emergency Alert System ("EAS") equipment, and 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 Hoak Media is apparently liable for a forfeiture in the amount of eight thousand
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- of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to MBR Licensee, LLC. ("MBR"), licensee of radio station KAEH, Beaumont, California. 2. On April 25, 2007, an agent of the Enforcement Bureau's San Diego Office inspected KAEH, located at 650 S. E Street, Suite H, San Bernardino, CA, and observed the following violations: a. 47 C.F.R. S 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
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- weekly test (RWT) for the months of January 2007 through mid April 2007. Furthermore, the station's log did not contain any record of reception of the RWT from a second monitoring source at any time in April 2007. No station log entries were found indicating the reasons why the tests had not been received or sent. b. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. . . . The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs
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- sent by Certified Mail, Return Receipt Requested, and regular mail, to Omni Communications, Inc. at its address of record and to its counsel, John F. Garziglia, Womble, Carlyle, Sandridge & Rice, 1401 Eye Street NW, Seventh Floor, Washington, DC 20005. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 11.35(a) and 73.3526(e)(12). 47 U.S.C. S: 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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- sent by Certified Mail, Return Receipt Requested, and regular mail, to Omni Communications, Inc. at its address of record and to its counsel, John F. Garziglia, Womble, Carlyle, Sandridge & Rice, 1401 Eye Street NW, Seventh Floor, Washington, DC 20005. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 11.35(a) and 73.3526(e)(12). 47 U.S.C. S: 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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- required to be kept by station licensees shall be retained by them for a period of 2 years. ..." On May 2, 2007, the station's EAS logs were not available for inspection. Station management stated that their new engineer had emptied the file cabinets, and they did not know what had happened to the station logs. c. 47 C.F.R. S: 73.3526(e)(11): "For commercial TV and Class A TV broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April
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- is repetitive. (4) Any entries which may be required in the station records. (See S:73.1820.)." On May 2, 2007, the station records showed continuing problems with the EAS system going back prior to December 1, 2006. There were no signatures showing they had been reviewed by the chief operator, nor an indication of corrective action taken. d. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
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- is repetitive. (4) Any entries which may be required in the station records. (See S:73.1820.)." On May 2, 2007, the station records showed continuing problems with the EAS system going back prior to December 1, 2006. There were no signatures showing they had been reviewed by the chief operator, nor an indication of corrective action taken. d. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
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- ID: 8544 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 5, 2007 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Star Power Communications Corporation ("Star Power"), licensee of station WIQR(AM), in Prattville, Alabama, apparently willfully and repeatedly violated Sections 11.35(a), 73.3526, and 73.49 of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System ("EAS") equipment, failing to maintain and make available a complete public inspection file, and failing to maintain an effective locked enclosure around the base of one of the station towers. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),
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- ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 14, 2007 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that West Helena Broadcasters, Inc. ("Broadcasters, Inc."), licensee of station KCLT-FM, in West Helena, Arkansas, apparently willfully and repeatedly violated Sections 11.35 and 73.3526 of the Commission's Rules ("Rules") by failing to have an operational Emergency Alert System ("EAS") and failing to maintain and make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Act, that Broadcasters, Inc. is apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000). II. BACKGROUND 2. On August 22, 2007,
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- OF APPARENT LIABILITY FOR FORFEITURE Released: December 20, 2007 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Viva Communications Group, LLC ("Viva"), licensee of AM radio station WSDE, Cobleskill, New York , has apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
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- participants must monitor two Emergency Alert System ("EAS") sources. The monitoring assignment of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook." At the time of inspection, station KLHU-CA was not receiving the second local primary ("LP-2") station KNLB, 99.1 MHz, Lake Havasu City, AZ. c. 47 C.F.R. S: 73.3526(e)(17): Each Class A television broadcast station is required to provide "[d]ocumentation sufficient to demonstrate that [they are] continuing to meet the eligibility requirements set forth in Section 73.6001" of the Rules. There was no documentation found in the station's public inspection file for 2007 indicating that this requirement had been met for KLHU-CA. 3. Pursuant to Section 403 of the
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- ID # 5214 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 2, 2008 By the District Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that D-Mitch Broadcasting, Inc. ("D-Mitch"), licensee of station WBSC (AM), in Bennettsville, South Carolina, apparently willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System ("EAS") equipment and failing to maintain and make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that D-Mitch is apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND
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- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 2, 2008 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Real Life Broadcasting ("Real Life"), licensee of station WIFI, in Florence, New Jersey apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Real
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- Office inspected radio station WXRK and observed the following violations: a. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license or in the station's records. b. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain a "copy of the current FCC authorization to construct or operate the station...." At the time of inspection, a copy of the authorization was not in the public inspection file. c. 47 C.F.R. S: 73.3526(e)(4): The public inspection file shall contain a "copy of any service contour maps, submitted with any application tendered for
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- inspection. e. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agents found no written designation of a chief operator for the station. f. 47 C.F.R. S: 73.3526(e)(8): Commercial broadcast licensees shall maintain for public inspection a file containing the materials set forth in this section. "At all times, a copy of the most recent version of the manual entitled `The Public and Broadcasting.' There was no copy of "The Public and Broadcasting" in the station's public inspection file. 3. Pursuant to Section 308(b) of the Communications Act
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- inspection. d. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agents found no written designation of a chief operator for the station. e. 47 C.F.R. S:S: 73.3526(e)(8) & (e)(14): Commercial broadcast licensees shall maintain for public inspection a file containing the materials set forth in this section. "At all times, a copy of the most recent version of the manual entitled `The Public and Broadcasting.' "For commercial radio and television stations, a copy of every agreement or contract involving time brokerage of the licensee's station or of
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- Number: 55006 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 4, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Rama Communications, Inc. ("Rama"), licensee of station WLAA, in Ocoee, Florida, apparently willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Commission's Rules ("Rules") by failing to maintain an operational Emergency Alert System ("EAS") and failing to maintain and make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Rama is apparently liable for a forfeiture in the amount of sixteen thousand dollars ($16,000). II. BACKGROUND
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- 16, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Rama Communications, Inc. ("Rama"), licensee of station WOKB, in Winter Garden, Florida and owner of antenna structure numbers 1045401, 1045403 and 1045404, apparently willfully and repeatedly violated Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Commission's Rules ("Rules") by failing to clean or repaint its antenna structures as often as necessary to maintain good visibility, failing to enclose the antenna tower within an effective locked fence or enclosure, operating at times with power other than those specified in its the license, and failing to maintain and make available a complete public inspection file.
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- did not note the missing EAS activations and took no corrective action to determine why some EAS activations were not being received. It is further noted that this violation is repetitive as the last inspection of Alpine-owned station KCXL, conducted on 12/13/96 found that no station operator was reviewing the KCXL logs or taking corrective actions. e. 47 C.F.R. S: 73.3526(e)(9): "All written comments and suggestions received from the public regarding operation of the station, unless the letter writer has requested that the letter not be made public or when the licensee feels that it should be excluded from public inspection because of the nature of its content, such as defamatory or obscene letter. Letters and electronic mail message shall be
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- APPARENT LIABILITY FOR FORFEITURE Released: September 24, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Black Crow Radio, LLC., ("Black Crow"), licensee of AM Broadcast Station WNDB, in Daytona Beach, Florida, apparently willfully and repeatedly violated Sections 11.35(a), 73.44(b), 73.49 and 73.3526 of the Commission's Rules ("Rules") by failing to ensure that Emergency Alert System ("EAS") equipment was installed so that the monitoring and transmitting functions were available during the times the station was in operation, failing to ensure that emissions removed by 60 kHz to 75 kHz from the WNDB fundamental frequency of 1150 kHz are attenuated 65 dB below the
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- FOR FORFEITURE Released: November 21, 2008 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Taylor Communications, Inc. ("Taylor"), licensee of station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246 apparently willfully and apparently repeatedly violated Sections 17.48(a) and 73.3526 of the Commission's Rules ("Rules") by not informing the Federal Aviation Administration ("FAA") of a malfunction of the antenna structure lighting 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 Taylor is apparently liable for a forfeiture in the amount of thirteen
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-287327A1.html
- I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Mt. Rushmore Broadcasting, Inc. ("Mt. Rushmore"), licensee of stations KRAL(AM) and KIQZ(FM) serving Rawlins, Wyoming, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules ("Rules") by failing to ensure the operational readiness of the KRAL(AM) and KIQZ(FM) Emergency Alert System ("EAS") equipment; Section 73.3526 of the Rules, by failing to maintain a complete public inspection file for KRAL(AM) and KIQZ(FM); and Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules by failing to operate station WHB734, an aural studio-transmitter-link ("STL"), from its licensed location. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Mt. Rushmore is apparently liable
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- the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive." Between June 9, 2009 and August 4, 2009, the chief operator failed to sign and date the WVPO station logs at least once a week. g. 47 C.F.R. S: 73.3526(e)(12): Public Inspection File Requirements "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter. The list shall include a brief
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-293826A1.html
- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to KZLZ, LLC ("KZLZ"), licensee of broadcast radio station KZLZ in Kearny, Arizona. 2. On September 3, 2009, agents of the Enforcement Bureau's San Diego Office inspected KZLZ, located at 2959 East Grant Road, Tucson, AZ 85716 and observed the following violations: a. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. ... The list shall include a brief narrative describing what issues were given significant treatment and what programming that provided this treatment. The description of the programs shall include,
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-295821A1.html
- ) Facility ID #67280 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 11, 2010 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Rodgson, Inc. ("Rodgson"), licensee of station WSDQ(AM), in Dunlap, Tennessee, apparently willfully and repeatedly violated Sections 11.35(a), 73.49, and 73.3526 of the Commission's Rules ("Rules") by failing to maintain an operational emergency alert system ("EAS"), failing to enclose the base of an AM tower within an effective locked fence, 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 Rodgson is apparently liable
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296581A1.html
- station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook." A review of WZSK's EAS logs revealed that WZSK was properly monitoring only one EAS source. There was no evidence that the station's EAS equipment was receiving the second local primary (LP-2) radio station WWOT on 100.1 MHz. d. 47 C.F.R. S: 73.3526(e)(4): The public inspection file shall contain a "copy of any service contour maps, submitted with any application tendered for filing with the FCC. . . ." At the time of the inspection, there was no service contour map in the public inspection file showing the station's community contour. e. 47 C.F.R. S: 73.3526(e)(5): The public inspection file shall contain a
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- 73.1840 of this chapter for all broadcast streams . . . . " At the time of the inspection, the agent found that there were no entries in the station log indicating why tests had not been received from the second local primary (LP-2) KLSD (AM) for various weeks during three months prior to the inspection. b. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October - December, etc.).
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-299626A1.html
- "The EAS Operating Handbook . . . must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." At the time of the inspection, the agent found that no EAS Operating Handbook was available. b. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain a "copy of the current FCC authorization to construct or operate the station...." At the time of inspection, a copy of the authorization was not in the public inspection file. c. 47 C.F.R. S: 73.3526(e)(4): The public inspection file shall contain a "copy of any service contour maps, submitted with any application tendered for
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- may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." At the time of the inspection, the licensee failed to ensure that, over the three months prior to the inspection, multiple tests of the EAS system were conducted c. 47 C.F.R. S: 73.3526(e)(7): "Equal Employment Opportunity (EEO) file. Such information as is required by S: 73.2080 is to be kept in the public inspection file." At the time of the inspection, the required EEO information was not in KFNX's public inspection file. 3. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital
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- station KHVN's EAS log was missing entries. The missing entries were not explained in the log. b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis for either station KHVN or KKGM. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-302528A1.html
- did not have any EAS logs for April or May of 2010 and did not have an explanation for the missing entries. b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-302946A1.html
- chapter for all broadcast streams . . . . " At the time of the inspection, there were no EAS logs except for the period of December 15, 2009 to July 15, 2010 and these logs had no entries indicating why tests from a second LP source had not been received or re-transmitted for this period. c. 47 C.F.R S: 73.3526(e)(11)(iii): "Children's television programming report. For commercial TV broadcast stations, both analog and digital, on a quarterly basis, a completed Children's Television Programming Report...on FCC Form 398...The Report for each quarter is to be placed in the public inspection file by the tenth day of the succeeding calendar quarter." At the time of the inspection, the most recent report, for the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-305159A1.html
- EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." KIVA failed to ensure that, over the three months prior to the inspection, that RMTs of the EAS system were received and transmitted. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-305160A1.html
- EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." KRKE failed to ensure that, over the three months prior to the inspection, that RMTs of the EAS system were received and transmitted. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-306449A1.html
- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive." At the time of inspection, the agents observed that the logs were not signed and dated by the chief operator. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
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- antenna must maintain the indicated relative amplitudes of the antenna monitor currents within 5% of the values specified therein. Directional antenna relative phase currents must be maintained to within 3 degrees of the values specified on the instrument of authorization." At the time of inspection, Station WUCO was operating out of tolerance with its authorized parameters. c. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-308421A1.html
- the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." During the inspection on June 15, 2011, KRTA could not produce the EAS Operating Handbook. b. 47 C.F.R. S: 73.3526(e)(1): "Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-308425A1.html
- the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." During the inspection on June 15, 2011, KEZX could not produce the EAS Operating Handbook. b. 47 C.F.R. S: 73.3526(e)(1): "Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-308426A1.html
- the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." During the inspection on June 15, 2011, KROG could not produce the EAS Operating Handbook. b. 47 C.F.R. S: 73.3526(e)(1): "Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-308427A1.html
- the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." During the inspection on June 15, 2011, KCNA could not produce the EAS Operating Handbook. b. 47 C.F.R. S: 73.3526(e)(1): "Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-310100A1.html
- the Enforcement Bureau's Portland Office inspected radio station KURY located at 605 Railroad Avenue, Brookings, Oregon 97850, and observed the following violations: a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant records, as specified in S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries from June 29, 2011 through August 10, 2011. b. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-310101A1.html
- the Enforcement Bureau's Portland Office inspected radio station KURY-FM located at 605 Railroad Avenue, Brookings, Oregon 97850, and observed the following violations: a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant records, as specified in S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries from June 29, 2011 through August 10, 2011. b. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-310869A1.html
- authorization. Upon completion of the review, the chief operator or his designee must date and sign log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive." At the time of inspection, agents determined that there was no evidence that review of station records had been conducted. h. 47 C.F.R. S: 73.3526(e)(8): "Contents of the file. The material to be retained in the public inspection file is as follows: The public and broadcasting. At all times, a copy of the most recent version of the manual entitled "The Public and Broadcasting." At the time of inspection, agents determined that the KHWG(AM) public inspection file was missing a copy of the manual. A
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-311569A1.html
- activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." KQOL failed to ensure that for the period May 1 - Aug 13, 2011, that RWTs of the EAS system were received and transmitted. b. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-311695A1.html
- Class D non-commercial educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows: Annually, for AM stations, with not more than 14 months between measurements." At the time of inspection, Cantroair had not conducted equipment performance measurements for Station WTZN since 2009. f. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-311710A1.html
- of this part, must accurately reflect the station operation. Any employee making a log entry shall sign the log, thereby attesting to the fact that the entry, or any correction or addition made thereto, is an accurate representation of what transpired." At the time of the inspection, there was no station log of KTRB(AM) station's operation. i. 47 C.F.R. S: 73.3526(e)(5) & (e)(8): "Contents of the file. The material[s] to be retained in the public inspection file [are] ...(5) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material.
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-311715A1.html
- be performed anytime. EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." KBKY failed to ensure that, over the three months prior to the inspection, RMTs of the EAS system were transmitted. d. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-312155A1.html
- Dallas Office inspected KSJT-FM located at San Angelo, Texas and observed the following violation(s): a. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain a station log as required by S: 73.1820." At the time of the inspection, Station KSJT-FM maintained no station logs and no records relating to its Emergency Alert System equipment. b. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-312185A1.html
- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to QC Communications, Inc., licensee of AM Station WFAI in Salem, New Jersey. 2. On October 26, 2011, and October 28, 2011, agents of the Commission's Philadelphia Office inspected Station WFAI located in Salem, New Jersey and observed the following violations: a. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-312556A1.html
- completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive." At the time of the inspection on December 15, 2011, the Chief Operator was not signing the station logs. e. 47 C. F. R. S: 73.3526(e)12:.."Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April
- http://transition.fcc.gov/eb/Orders/2001/da011364.doc http://transition.fcc.gov/eb/Orders/2001/da011364.html
- 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)
- http://transition.fcc.gov/eb/Orders/2001/da011581.doc http://transition.fcc.gov/eb/Orders/2001/da011581.html
- ) 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
- http://transition.fcc.gov/eb/Orders/2001/da011920.doc http://transition.fcc.gov/eb/Orders/2001/da011920.html
- 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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- 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
- http://transition.fcc.gov/eb/Orders/2001/da012032cd.doc http://transition.fcc.gov/eb/Orders/2001/da012032cd.html
- 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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- 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'').1 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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- combined main studio. At the time of the September 8, 1998, and April 13, 2000, inspections, the EAS equipment shared by WSTX(AM) and WSTX-FM was installed but was not operational. Family apparently violated Section 11.35 by failing to install and maintain operational EAS equipment. We will add an issue to determine whether Family willfully or repeatedly violated Section 11.35. Section 73.3526 of the Rules requires that broadcast licensees maintain a public inspection file at the main studio of the station and make the file available for inspection at any time during regular business hours. No public inspection files for WSTX(AM) and WSTX-FM were available for review during the April 13, 2000, inspection. Family apparently violated Section 73.3526 by failing to maintain
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- licensee 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 provide
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- No. 200232080010 Licensee of Station WESL(AM) ) FRN: 0005-0159-87 East St. Louis, Illinois ) Facility ID No.72815 ) FORFEITURE ORDER Adopted: July 30, 2002 Released: July 31, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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 response1 to our Notice of Apparent Liability (``NAL'') in this matter,2 we conclude that M&R is liable for a forfeiture in
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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)2 (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).3 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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- 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).6 2. 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
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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'').1 However, we conclude that Patrick willfully violated Sections 1.89(b) and 11.35(a) of the Rules and admonish Patrick for these violations. II. BACKGROUND 2. 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
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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.1 2. The Consent Decree provides, that, among other things, Fifth Avenue will implement a Compliance Plan to ensure its future compliance with the Commission's Rules and will make a $10,000 voluntary contribution to
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- download the Microsoft Word or Adobe Acrobat version. ***************************************************************** CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission (``Commission or FCC'') and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue'') hereby enter into this Consent Decree for the purpose of terminating a forfeiture proceeding arising from an investigation of Fifth Avenue, for alleged violations of Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1), and 73.3526(e)(12) of the Commission's Rules (``Rules'').1 BACKGROUND 2. On September 14, 2000, the Federal Communications Commission received a complaint that Fifth Avenue had ``...re- located its AM transmission site into another state without prior Commission authorization...''. The complainant requested ``...immediate Commission action to require the termination of the unauthorized and potentially dangerous operations of WCMI(AM).'' On September 25, 2000,
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- East St. Louis, Illinois ) Facility ID No.72815 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 28, 2002 Released: March 29, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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. II. BACKGROUND 2. On July 3, 2001, the Enforcement Bureau received a complaint alleging that M&R failed to comply with the Commission's public
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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, 2001.1 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'').2 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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- NAL/Acct. No. 200232620002 ) FRN 0006-2802-42 FORFEITURE ORDER Adopted: April 23, 2002 Released: April 25, 2002 By the Chief, Enforcement Bureau: 1. 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'').1 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. 2. 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
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- near Spivey, Kansas, apparently liable for a forfeiture in the amount of thirty-nine thousand dollars ($39,000) for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act'')1, and Sections 73.1350(a) and 17.51 of the Commissions Rules (``Rules'').2 Ms. Salazar is also apparently liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules.3 Specifically, we find Ms. Salazar apparently liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert System (``EAS'') equipment at station KTCM(FM); failing to maintain a main studio at an authorized location; and failing to maintain a public inspection
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- failure to operate at the station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. 73.1740(a)); failure to post the station license (47 C.F.R. 73.1230); failure to designate a chief operator (47 C.F.R. 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. 73.3526). 11. On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN was not in compliance with RFR exposure limits. The letter requested that prior to KTMN's return to operational status, measurements be made to determine the appropriate levels at which operation would comply with the FCC's RFR limits at: (1) ground level; (2)
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- liable for a monetary forfeiture in the amount of $15,000 for willful violation of the following sections of the 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).3 For the reasons stated below, we deny KASA Radio's application for review. BACKGROUND 2. On November 17, 2000, the FCC's San Diego, California 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
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- ) ) Muscle Shoals, Alabama ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: 1. 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'').1 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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- 0007-2843-67 Pine Bluff, Arkansas ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: 1. 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'').1 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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- 200332560020 McPherson, Kansas ) FRN 0008-5372-92 ) FORFEITURE ORDER Adopted: October 21, 2003 Released: October 23, 2003 By the Chief, Enforcement Bureau: 1. 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'').1 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.2 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").1 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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- of Station WRTV(TV) ) Facility ID # 40877 Indianapolis, Indiana ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: November 24, 2003 Released: November 26, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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,1 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 2. The Commission received a complaint from Mr.
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- Adopted: December 17, 2003 Released: December 19, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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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- willful violation of the following sections of the Commission's Rules (``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).4 3. On September 13, 2001, Radio One filed a Petition for Reconsideration of the Forfeiture Order. On January 31, 2002, the Enforcement Bureau issued a Memorandum Opinion and Order5 in which it denied Radio One's Petition for Reconsideration and upheld the Forfeiture Order. On March 4, 2002, Radio One filed an application for
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- licensee of Station KTCM(FM), Kingman, Kansas, and owner of antenna structure number 1057462 near Spivey, Kansas, for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act''),1 and Sections 73.1350(a) and 17.51 of the Commission's Rules (``the Rules'').2 Ms. Salazar is also liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules.3 Specifically, we find Ms. Salazar liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert System (``EAS'') equipment at station KTCM(FM); failing to maintain a main studio at an authorized location; and failing to maintain a public inspection file.
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- FORFEITURE ORDER Adopted: April 14, 2004 Released: April 16, 2004 By the Chief, Enforcement Bureau: 1. 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'').1 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'')1. 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 2. 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. 3.
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- Springhill, Louisiana ) Springfield, Missouri 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").1 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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- FORFEITURE ORDER Adopted: May 28, 2004 Released: June 2, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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. 2. 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
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- warrant a reduction in the forfeiture amount.12 7. 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.13 Metropolitan Radio Group, Inc. owns 100 percent of the assets of Metro Radio.14 Because Metro Radio's parent company has previously violated the rules, we find that a reduction of the assessed forfeiture amount is not warranted. 8. We have examined Metro Radio's response to the NAL pursuant to the statutory factors above, and in conjunction with the
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- ) FORFEITURE ORDER Adopted: July 19, 2004 Released: July 22, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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. 2. 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
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- ) FORFEITURE ORDER Adopted: July 19, 2004 Released: July 22, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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. 2. 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
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- 0008-5822-31 ) ) ) FORFEITURE ORDER Adopted: August 5, 2004 Released: August 9, 2004 By the Chief, Enforcement Bureau: 1. 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'').1 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''),2 the Commission's
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- Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'')1 and for willful violation of Section 73.3526(c)(1) of the Rules.2 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 2. On July 15, 2003, the Commission's Tampa, Florida Office (``Tampa Office'') released a Notice of Apparent Liability for
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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. 21 47 C.F.R. 0.111, 0.311, 1.80(f)(4). 22 47 U.S.C. 504(a). 23 See 47
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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 Rules12 at Radio Station WPWC, Dumfries-Triangle, VA, licensed to JMK. JMK, therefore, has no history of overall compliance.13 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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- Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a forfeiture in the amount of sixteen 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.1 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. 2. On February 18, 2003, the Commission's Kansas City, Missouri Field Office (``Kansas City Office'') released a Notice of Apparent Liability
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- FRN 0004-5420-31 FORFEITURE ORDER Adopted: September 21, 2004 Released: September 23, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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. 2. 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
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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''),1 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").2 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). II. BACKGROUND 2. On August 21, 2002,
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- October 4, 2004 By the Assistant Chief, Enforcement Bureau: 1. 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'').1 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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- ) FRN: 0001567817 FORFEITURE ORDER Adopted: October 1, 2004 Released: October 4, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 The violation involves Butterfield's failure to maintain a copy of station KULE(AM)'s authorization in the station's public inspection file. 2. 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).2 Butterfield filed
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- ) FRN: 0005015425 ) FORFEITURE ORDER Adopted: October 5, 2004 Released: October 8, 2004 By the Assistant Chief, Enforcement Bureau: 1. 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'').1 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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- 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 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'').1 II. BACKGROUND 2. 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
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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.1 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. 2. On March 18, 2003, the Commission's New Orleans, Louisiana District Office (``New Orleans Office'') issued a Notice of
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- Overland Park, Kansas ) FORFEITURE ORDER Adopted: November 9, 2004 Released: November 15, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 The violations involve Community's failure to maintain all required items in the public inspection file (``public file''). 2. 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
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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.7 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, to
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- Kingfisher, Oklahoma ) 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").1 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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- ) FORFEITURE ORDER Adopted: December 22, 2004 Released: December 23, 2004 By the Assistant Chief, Enforcement Bureau: I. 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'').1 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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- FRN 0006-1615-09 ) 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 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").1 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. 2. On March 4, 2004, the District Director of the
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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 Order1 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'').2 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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- ) FORFEITURE ORDER Adopted: April 2, 2004 Released: April 6, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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. 2. On December 12, 2002, the Commission's Kansas City, Missouri Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') 2 in the amount of three
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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").1 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")2 in the amount of ten thousand dollars ($10,000) to Trade Center. Trade Center
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- the captioned stations during the July 19, November 14, 19, 26 and 27 and December 27, 2001, broadcasts of the ``Bubba the Love Sponge'' program. Furthermore, we find that they each appear to have failed to maintain copies of certain required documents in the public inspection files of each of their respective captioned stations, in apparent willful violation of Section 73.3526(e)(10) of the Commission's rules.2 Based on the totality of the evidence before us and Clear Channel's history of transgressions relating to the broadcast of indecent material over stations licensed to its subsidiaries, we conclude that Clear Channel is apparently liable for a monetary forfeiture in the amount of Seven Hundred Fifty-Five Thousand Dollars ($755,000), the statutory maximum of $27,500 each
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- April 22, 2003,2 and reduce the assessed forfeiture against Salazar to thirty- four thousand dollars ($34,000). The Forfeiture Order imposed a monetary forfeiture in the amount of thirty- nine thousand dollars ($39,000) against Salazar, for willfully and repeatedly violating Sections 301 and 303(q) of the Communications Act of 1934, as amended, (the ``Act'')3 and Sections 11.35(a), 17.51, 73.1125(a), 73.1350(a) and 73.3526 of the Commission's Rules. II. BACKGROUND 2. On April 8, 2002, agents from the Commission's Kansas City, Missouri Field Office (``Field Office'') conducted an on-site investigation of Station KTCM(FM). The agents determined that Salazar was licensed to operate Station KTCM(FM) and that the license specified Kingman, Kansas as the station's community of license. However, the agents found that the station
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- Post Registration Failure to 47 C.F.R. KFRA, KDDK Maintain/Staff 73.1125 Main Studio Failure to 47 C.F.R. KFRA, KDDK Designate Chief 73.1350(a)-(c), Operator 73.1870 Excess operating 47 C.F.R. KDDK power 73.1560(b) Failure to 47 C.F.R. KFRA conduct 73.1590(a)(6) equipment performance measurements Failure to 47 C.F.R. KFRA, KDDK maintain station 73.1800, 73.1820, logs 73.1840 Failure to 47 C.F.R. KFRA, KDDK maintain public 73.3526 file and make public file available TABLE II PAYMENT SCHEDULE Date Amount January 17, $5007 2005 February $1363 15, 2005 March 15, $1363 2005 April 15, $1363 2005 May 16, $1363 2005 June 15, $1363 2005 July 15, $1363 2005 August 15, $1363 2005 September $1363 15, 2005 October 17, $1363 2005 November $1363 15, 2005 December $1363 15, 2005
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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 Order1 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'').2 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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- 25, 2005 Released: July 27, 2005 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 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'').1 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. II. BACKGROUND 2. On March 1, 2005, an agent with the Commission's Kansas City Office of the
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- FORFEITURE ORDER Adopted: August 30, 2005 Released: September 1, 2005 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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").1 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. II. BACKGROUND 2. On March 19, 2004, agents from
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- October 19, 2005 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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.1 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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- Bureau: I. INTRODUCTION 1. 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, 2005.1 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'').2 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 2. On March 1, 2005, an agent with the Kansas City Office of the
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- inches increasing to 18 inches as the property sloped downward. We therefore find that the fence was not effective. 12. 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).14 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.15 13. 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
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- Station WQII(AM), ) San Juan, Puerto Rico ) ORDER Adopted: March 10, 2005 Released: March 11, 2005 By the Chief, Enforcement Bureau: 1. 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,1 and sections 73.1015, 73.3526, 73.3540, and 73.3615 of the Commission's rules,2 in connection with its operation of the station and responses to letters of inquiry sent by the Bureau. 2. The Bureau and CCG have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating
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- COMMISSION ________________________________ _______________ David H. Solomon, Chief Date COMMUNICATIONS COUNSEL GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful 47 C.F.R. 73.1015 written statements to Commission inquiries Failure to accurately and 47 C.F.R. 73.3615 timely complete ownership reports Unauthorized transfer of 47 U.S.C. 310(d); 47 control C.F.R. 73.3540 Failure to make public 47 C.F.R. 73.3526 inspection file available upon request Table II Payment Schedule April 1, 2005 $5,000 May 1, 2005 $2,500 June 1, 2005 $2,500 July 1, 2005 $2,500 August 1, 2005 $2,500 September 1, 2005 $2,500 October 1, 2005 $2,500 November 1, 2005 $2,500 December 1, 2005 $2,500 January 2, 2006 $2,500 February 1, 2006 $2,500 March 1, 2006 $2,500 April 1, 2006
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- amended (``Act'') and Section 73.1350(a) of the Commission's Rules (``Rules''),3 failed to maintain antenna structure lighting in willful and repeated violation of Sections 303(q) of the Act and Section 17.51 of the Rules,4 and failed to comply with the Emergency Alert System, the main studio and the public information requirements in willful and repeated violation of Sections 11.35(a), 73.1125(a) and 73.3526 of the Rules.5 Based on the findings, the Order assessed a forfeiture in the amount of thirty-four thousand dollars ($34,000) against Salazar. 2. In her petition, Salazar provided new information regarding her financial condition. Given the new information, we are reducing the forfeiture amount from $34,000 to $15,500. As reduced, the forfeiture amount is well below the $39,000 total of
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- Adopted: July 27, 2006 Released: August 1, 2006 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 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 2. 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
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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. SS 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. SS 73.3526 and 73.3527 for commercial and noncommercial licensees, respectively. 47 U.S.C. S 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. S 73.3527(a)(2). 47 C.F.R.
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- Released: September 6, 2006 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 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 2. 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
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- I. INTRODUCTION 1. 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 2. On May 11 and 12, 2004,
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- 2006 Released: September 28, 2006 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 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 2. On February 8, 2006, agents from the Commission's San Juan Office of the Enforcement Bureau ("San Juan Office") conducted an inspection of station
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- 2006 Released: November 3, 2006 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 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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- 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. S 73.1125, the chief operator rule, 47 C.F.R. S 73.1350 (a)-(c), the station log rules, 47 C.F.R. SS 73.1800, 73.1820, and 73.1840, the public file rule, 47 C.F.R. S 73.3526, and the Emergency Alert System rules, 47 C.F.R. SS 11.35, 73.1250, 73.1300, and 73.1350(h). 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. See 47 U.S.C. S 310(d); 47 C.F.R. SS 73.3540. See 47 C.F.R. S 73.1125. (...continued from previous page) (continued....) Federal Communications Commission DA 06-2333 7 Federal Communications Commission DA 06-2333 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2333A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2333A1.doc
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- ) FORFEITURE ORDER Adopted: December 7, 2006 Released: December 11, 2006 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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. II. BACKGROUND 2. On September 17, 2003 and December 16, 2003, an agent from the Detroit Office inspected station WEKC. As a result of that inspection,
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- part and deny in part the petition for reconsideration, filed on January 26, 2005 by JMK Communications, Inc. (``JMK''),1 licensee of AM Radio Station WPWC, Dumfries, Virginia, of the Enforcement Bureau's (``Bureau'') Forfeiture Order, released December 27, 2004.2 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'')3 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. II. BACKGROUND 2. 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
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- Released: January 24, 2006 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 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'').1 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 2. 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
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- deny the Application for Review, filed on October 26, 2004 by Radio X Broadcasting Corporation ("Radio X"), licensee of FM Broadcast Station WXLX, Lajas, Puerto Rico, and owner of antenna structure number 1043256, Cabo Rojo, Puerto Rico, of the Enforcement Bureau's ("Bureau") Memorandum Opinion and Order ("Bureau Order"), released September 28, 2004. In affirming willful violations of Sections 17.50 and 73.3526(b) of the Commission's Rules ("Rules"), the Bureau Order granted in part and denied in part Radio X's Petition for Reconsideration of a Bureau Forfeiture Order, and reduced the monetary forfeiture from twenty thousand dollars ($20,000) to sixteen thousand dollars ($16,000). The noted violations involved Radio X's failure to clean or repaint its antenna structure to maintain good visibility and its
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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. S 73.3527. Comparable requirements also apply to commercial stations. See 47 C.F.R. S 73.3526. 47 C.F.R. S 73.3527(b) & (c). See 47 C.F.R. S 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 P 5 (Enf. Bur., Investigations & Hearings Div. 2000). LOI Response at 6.
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- ) ORDER Adopted: March 14, 2007 Released: March 16, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- 2007 Released: March 29, 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 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 2. 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
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- 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- ORDER Adopted: January 24, 2007 Released: January 26, 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 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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- 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 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 2. 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
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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 2. In response to a complaint that HRN was not reducing its transmitting power during nighttime hours, on February 27 and 28, 2006, an agent
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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 2. On April
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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 2. On March 5, 2004, the Commission's Tampa, Florida Field Office ("Tampa Office") issued a
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- FORFEITURE ORDER Adopted: June 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- FORFEITURE ORDER Adopted: June 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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. II. BACKGROUND 2. On September 12, 2002, an agent ("field agent") from the Commission's New
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- July 30, 2007 Released: August 1, 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 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. II. background 2. On June 22, 2006, an agent from the Commission's Norfolk Office of the Enforcement Bureau ("Norfolk Office") conducted a main studio inspection
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- 10, 2007 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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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- Adopted: August 16, 2007 Released: August 20, 2007 By the Associate Chief, Enforcement Bureau: 1. 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"). 2. 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. 3. Based on the record before us, and in the absence of material new evidence relating to this matter, we conclude
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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 2. 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
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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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- Region, Enforcement Bureau: I. INTRODUCTION 1. 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 2. On November 30, 2005, agents from the Commission's Tampa Office of the Enforcement Bureau ("Tampa Office") conducted an inspection of AM radio
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- ) FORFEITURE ORDER Adopted: September 5, 2007 Released: September 7, 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 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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- Adopted: September 7, 2007 Released: September 11, 2007 By the Regional Director, Western Region, 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 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. II. BACKGROUND 2. On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement
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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 2. 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
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- 2007 Released: March 8, 2007 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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. II. BACKGROUND 2. On September 15, 2005, an agent from the Commission's New York Office conducted an inspection with Truatt at
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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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- 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. 2. 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. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public
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- FORFEITURE ORDER Adopted: May 20, 2008 Released: May 22, 2008 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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. 21. Western Slope also asserts that its failure to notify the Commission of the change in ownership of antenna structure number was an "inadvertent error"
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- ORDER Adopted: June 27, 2008 Released: July 1, 2008 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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 S: 73.1225(a). 47 C.F.R S: 73.3526(b),(c). 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 73.49. 47 U.S.C. S: 504(a). Federal Communications Commission DA 08-1755 1 3 Federal Communications Commission DA 08-1755 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1755A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1755A1.doc
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- July 29, 2008 Released: July 31, 2008 By the Regional Director, Western Region, Enforcement Bureau: 1. 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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- FORFEITURE ORDER Adopted: September 11, 2008 Released: September 15, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) to New World, L.L.C. ("New World"), licensee of station KZTD-AM serving Cabot, Arkansas, for willful and repeated violation of Section 73.3526 of the Commission's Rules ("Rules"). The noted violation involves New World's failure to maintain and make available a public inspection file. II. BACKGROUND 2. On July 17, 2007, in response to a complaint, agents from the 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
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- ) ) FORFEITURE ORDER Adopted: September 11, 2008 Released: September 15, 2008 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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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- February 22, 2008 By the Regional Director, Western Region, 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 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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- ) FORFEITURE ORDER Adopted: October 15, 2008 Released: October 17, 2008 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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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- Released: October 28, 2008 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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. 2. On December 20, 2007, the Buffalo Field Office issued a Notice of Apparent
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- 2008 Released: November 7, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of one thousand 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 2. On August 30, 2007, agents of the Commission's Atlanta Office
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- 26, 2008. The agents also observed that the perimeter property fence gate still remained open and lying on the ground. 5. 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. III. DISCUSSION 6. The proposed forfeiture amount in this case was assessed in accordance
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- 7, 2008 Released: January 9, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of 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 2. 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
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2666A1.html
- Director, South Central Region, Enforcement Bureau: 1. 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
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2724A1.html
- 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 2. On March 6, 2007, an agent of the Enforcement Bureau's Los Angeles Office conducted inspections of the public inspection files for stations
- http://transition.fcc.gov/eb/Orders/2008/DA-08-741A1.html
- 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 2. On January 10, 2007, an agent from the Enforcement Bureau's Denver
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- the Associate Chief, Enforcement Bureau: 1. 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. 2. 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. 3. After reviewing the terms of the Consent
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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 P: 15. See also 47 C.F.R. S: 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 P: 15. See id. at 10083 P: 16. See id. at 10089-10090 P:P: 29-30. The Bureau pointed out that Mr. Thompson's own statements acknowledged that the 1989 agreement concerns another broadcaster. See id. at 10089 P:
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- (Enf. Bur. 2004) ("Forfeiture Order"). 47 C.F.R. S:S: 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. S:S: 73.3526 and 73.3527 for commercial and noncommercial licensees, respectively. 47 U.S.C. S: 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. S: 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 2. In its Application for Review, Twenty-One Sound reiterates past arguments raised at the Bureau
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- ORDER Adopted: July 24, 2009 Released: July 28, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: I. introduction 1. 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. II. BACKGROUND 2. 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
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- (2004) (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. S: 503(b), 47 C.F.R. S:S: 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. S: 504(a). Federal Communications Commission DA 09-1989 1 2 Federal Communications Commission DA 09-1989 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1989A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1989A1.doc
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- September 1, 2009 Released: September 3, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: I. introduction 1. 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. II. BACKGROUND 2. The license for WGBN specifies that PTDC must operate the station
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1991A1.html
- 2009 Released: September 3, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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. S: 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. S: 405. 47 C.F.R. S: 1.106. 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.3526. 47 U.S.C. S: 504(a). Federal Communications Commission DA 09-2101 1 2 Federal Communications Commission DA 09-2101 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2101A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2101A1.doc
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- how to use professional 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. 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 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. S: 504(a). Federal Communications Commission DA 09-2239 1 2 Federal Communications Commission DA 09-2239 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2239A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2239A1.doc
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- FORFEITURE ORDER Adopted: January 12, 2009 Released: January 14, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION AND BACKGROUND 1. 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. 2. 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
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- I. INTRODUCTION 1. 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. S: 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. S: 73.3527. We note that comparable requirements also apply to commercial stations. See 47 C.F.R. S: 73.3526. 47 C.F.R. S: 73.3527(b) & (c). See 47 C.F.R. S: 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, P: 19
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- 25, 2010 Released: October 27, 2010 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 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 2. On August 19, 2009, agents of the Enforcement Bureau's Atlanta Office ("Atlanta Office") accompanied by the station
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2044A1.html
- October 25, 2010 Released: October 27, 2010 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 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 2. On August 19, 2009, agents from the Enforcement Bureau's Atlanta
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- October 29, 2010 Released: November 1, 2010 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2120A1.html
- APPARENT LIABILITY FOR FORFEITURE Adopted: November 3, 2010 Released: November 5, 2010 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On February 24, 2010, an agent from the Enforcement Bureau's Los Angeles Office inspected the main studio of Station KXDZ, located
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2156A1.html
- 2010 Released: November 10, 2010 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- ORDER Adopted: January 7, 2010 Released: January 11, 2010 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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. II. BACKGROUND 2. On August 15, 2008, agents
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- Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. 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. II.
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- ORDER Adopted: May 5, 2010 Released: May 7, 2010 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) to 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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- OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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://transition.fcc.gov/eb/Orders/2011/DA-11-1062A1.html
- 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: I. INTRODUCTION 1. 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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- AND ORDER Adopted: June 30, 2011 Released: June 30, 2011 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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://transition.fcc.gov/eb/Orders/2011/DA-11-1194A1.html
- FORFEITURE AND ORDER Adopted: July 18, 2011 Released: July 18, 2011 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- 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. S: 503(b), 47 C.F.R. S:S: 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. S: 504(a). Federal Communications Commission DA 11-1233 1 5 Federal Communications Commission DA 11-1233 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.doc
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- ) ) 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On September 22, 2010, an agent from the Enforcement Bureau's Los Angeles Office
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- ORDER Adopted: September 7, 2011 Released: September 7, 2011 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 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 2. 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
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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"). II. Background 2. 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)
- http://transition.fcc.gov/eb/Orders/2011/DA-11-1528A1.html
- Enforcement Bureau: I. INTRODUCTION 1. 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 2. On September 25, 2008, in response to a complaint alleging violations concerning antenna structure number 1038246, agents from the Enforcement Bureau's New Orleans
- http://transition.fcc.gov/eb/Orders/2011/DA-11-1704A1.html
- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 12, 2011 Released: October 14, 2011 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- 2011 Released: October 27, 2011 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 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 2. On May 16, 2011, the Enforcement Bureau's Houston Office ("Houston Office") issued a
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- ORDER Adopted: October 31, 2011 Released: November 1, 2011 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-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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- FOR FORFEITURE AND ORDER Adopted: February 7, 2011 Released: February 9, 2011 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. Introduction 1. 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://transition.fcc.gov/eb/Orders/2011/DA-11-231A1.html
- 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: I. INTRODUCTION 1. 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. II. BACKGROUND
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- Enforcement Bureau: 1. 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. 2. The Bureau and Hanmi have negotiated
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- ID # 23437 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 24, 2011 Released: February 25, 2011 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On November 17, 2009, an agent from the Enforcement Bureau's Philadelphia Office conducted an inspection with Station
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- 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). II. BACKGROUND 2. 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
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- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 2, 2011 Released: May 3, 2011 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On October 26, 2010, agents from the Enforcement Bureau's Chicago Office conducted an inspection with Station
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- South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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 2.
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- ORDER Adopted: May 16, 2011 Released: May 16, 2011 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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
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- FOR FORFEITURE AND ORDER Adopted: May 17, 2011 Released: May 17, 2011 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On October 7, 2010, in
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- 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On April 21, 2010, agents from the Enforcement Bureau's San Diego Office inspected
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- May 17, 2011 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 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 2. As discussed in detail in the Notice of Apparent Liability ("NAL") in
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- 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). II. BACKGROUND 2. On April 20, 2010, in response
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- 18, 2011 Released: May 19, 2011 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On April 20, 2010, in response to a complaint regarding possible rule violations, an agent from
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- ORDER Adopted: May 23, 2011 Released: May 24, 2011 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 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 2. 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
- http://transition.fcc.gov/eb/Orders/2011/DA-11-940A1.html
- ) ) 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On August 24, 2010, an agent from the Enforcement Bureau's Columbia Office conducted an inspection during
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- 170948 ) ) 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On August 24, 2010, an agent from the Enforcement Bureau's Columbia Office conducted a routine inspection
- http://transition.fcc.gov/eb/Orders/2011/DA-11-954A1.html
- 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On June 22, 2010, agents from the Enforcement Bureau's San Diego Office ("San Diego Office")
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- LIABILITY FOR FORFEITURE AND ORDER Adopted: February 7, 2012 Released: February 7, 2012 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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
- http://transition.fcc.gov/eb/Orders/2012/DA-12-157A1.html
- INTRODUCTION 1. 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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- LIABILITY FOR FORFEITURE AND ORDER Adopted: February 14, 2012 Released: February 14, 2012 By the Acting District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- AND ORDER Adopted: March 8, 2012 Released: March 8, 2012 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- Released: March 30, 2012 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 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 2. On June 30, 2011, the Enforcement Bureau's Houston Office (Houston Office) issued a Notice of Apparent Liability for Forfeiture
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- 2012 By the Regional Director, Northeast Region, 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 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 2. On November 1,
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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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- FORFEITURE ORDER Adopted: April 18, 2012 Released: April 19, 2012 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- Enforcement Bureau: 1. 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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- Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- Enforcement Bureau: I. INTRODUCTION 1. 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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- Bureau: I. INTRODUCTION 1. 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. S: 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. S: 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. S: 503(b).
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- ) 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On October 13, 2011 agents from the Enforcement Bureau's Houston Office (Houston Office) inspected the public inspection file for Station KBPO located
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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 2. 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
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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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- X3264001 FORFEITURE ORDER Adopted: July 27, 2000 Released: July 31, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) against Booth-Newsome Broadcasting, Inc. (``Booth''), licensee of AM station WKTE, King, North Carolina, for willfully and repeatedly violating Sections 11.35, 73.1590(a)(6), 73.1590(b), and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Booth's failure to install Emergency Alert System (EAS) equipment, to perform the required annual measurements for spurious and harmonic emissions and to maintain a complete and up-to-date public inspection file at WKTE. 2. On April 17, 2000, the Commission's Norfolk, Virginia, Resident Agent Office (``Norfolk Office'') issued a Notice of Apparent
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- ) ) File No. EB-00-IH-0145 NAL/Acct. No. X32080033 Facility No. 7730 JJS NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: September 21, 2000 Released: September 22, 2000 By the Chief, Investigations and Hearings Division, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that Riverside Broadcasting, Inc. (``Riverside''), licensee of station WIMX(FM), Gibsonburg, Ohio, apparently violated Section 73.3526 of the Commission's rules, 47 C.F.R. 73.3526, by denying access to its public inspection file on June 13 and 14, 2000, and by not maintaining a complete public inspection file at that time. We conclude that Riverside is apparently liable for a ten thousand dollar ($10,000) forfeiture. Background On June 14, 2000, the Enforcement Bureau received a complaint from
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- Ouray, Colorado ) ) ) ) ) ) ) File No. 99030159 NAL/Acct. No. X32080007 JJS NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 15, 2000 Released: March 16, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that WS Communications, L.L.C. (``WS''), licensee of station KWGL(FM), Ouray, Colorado, apparently violated Section 73.3526 of the Commission's rules, 47 C.F.R. 73.3526, by not maintaining a public inspection file from February 1999 through August 1999. We also find that WS 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. We conclude that WS is apparently liable
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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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- the Communications Act of 1934, as amended (``the Act'') and Section 1.80 of the Commission's Rules (``the Rules'') the former Compliance and Information Bureau ("CIB") found WGUL-FM, Inc. liable for a monetary forfeiture in the amount of $7,000 for willful and continuous violation of rule sections 11.52(d) (EAS code and attention signal monitoring requirements), 11.61(a) (tests of EAS procedures), and 73.3526(c) (availability of public inspection file for public inspection). For the reasons discussed below, we lower the forfeiture to $5,000. BACKGROUND 2. In response to a complaint concerning unintentional emissions, the Tampa Florida Field Office ("Field Office") inspected WINV(AM)'s operating facilities. The inspection revealed the aforementioned violations. On March 31, 1998, the Field Office issued an Official Notice of Violation ("NOV")
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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
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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 Services, Houston,
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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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- 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 Signal Leakage
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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 * Hoonaauao 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 of
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- PA District 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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- NOTICES 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
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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,
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- C.F.R. 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,
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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,
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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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- South Dakota. NOV also issued for violation of 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Denver, CO Office (5/2/00). Ubik Corporation. NOV also issued for violation of 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inpection File), and 73.3615 (Ownership Reports). Anchorage, AK Office (5/25/00). 47 C.F.R. 1.89 (Notice of Violation) George McClellan, Suffolk, VA. Failure to respond to previous NOV regarding violation of 47 C.F.R. 17.4 (Antenna Structure Registration). Norfolk, VA Office (5/19/00). Crystal Dawn, Inc., Manteo, NC. Failure to file complete response to previous NOV regarding violation of 47 C.F.R.
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- EAS Procedures). Columbia, MD District Office (6/15/00). Central Ozark Radio Network, Inc., (KUPH), West Plains, MO. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 73.267 (Determining Operating Power), 73.1215 (Specifications for Indicating Instruments), 73.1400 (Transmission System Monitoring and Control), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73/1870 (Chief Operator), and 73.3526 (Public Inspection File). Kansas City, MO District Office (6/27/00). Triton College, River Grove, IL. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness) and 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/27/00). J & A, Inc., Hot Springs, AR. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness) and 73.1820 (Station Log). New Orleans, LA District Office (6/28/00).
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- 73.1840 (Retention of Logs), and 73.1870 (Chief Operators). Dallas, TX Office (7/5/00). Electronic Applications Radio Service, WLHN(AM) Muncie, IN. Other violation: 47 C.F.R. 73.1820 (Station Log). Chicago, IL District Office (7/18/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Birach Broadcasting Corp., Southfield, MI (WNWI(AM), Riverdale, IL). Other violations: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Public Inspection File). Chicago, IL District Office (7/3/00). Full Gospel Church of God, Lumber City, GA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirments), 11.61 (Tests of EAS Procedures), and 17.4 (Antenna Structure Registration). Atlanta, GA District Office (7/13/00). Tri-County Broadcasting, Inc., Hawkinsville, GA. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Atlanta,
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- 11.35 - Equipment Operations Readiness Cox Communications, Inc., El Dorado, AR. $4,000 NAL. New Orleans, LA District Office (8/8/00). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. 17.4 - Antenna Structure Registration Church Point Ministries, Baton Rouge, LA. $15,000 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission System Fencing Requirements) and 73.3526 (Local Public Inspection File For Commercial Stations). New Orleans, LA District Office (8/21/00). 47 C.F.R. Part 80 - Safety and Special Radio Services 47 C.F.R. 80.373 - Private Communications Frequencies GNOTS Reserve, Inc., Destrehan, LA. $4,000 NAL. New Orleans, LA District Office (8/23/00). NOTICES OF VIOLATION 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. 1.89 -
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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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- Office (2/14/00). SCI/STEELCON, Kalamazoo, MI. Detroit, MI Office (2/24/00). 47 C.F.R. Part 11 (Emergency Alert System (EAS) Rules) United Broadcasting Company, Inc., KTKK(AM), South Jordan, UT. NOV also issued for violation of numerous rules under 47 C.F.R. Part 73. Denver, CO Office (1/7/00). Richard Lee Harvey, Radio Station WBHX(FM), Tuckerton, NJ. NOV also issued for violation of 47 C.F.R. 73.3526(a)(12) (failure to maintain Issues-Programs Lists) and 47 C.F.R. 73.1870(b)(3) (failure to designate a Chief Operator for the station). Philadelphia, PA Office (1/11/00). Coastal Broadcasting Systems, Radio Station WCZT-FM, Cape May Court House, NJ. NOV also issued for violation of 47 C.F.R. 73.1230(a) (posting expired license at principal control point of transmitter at time of inspection). Philadelphia, PA Office
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- Rules) 47 C.F.R. 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. 11.35 (Equipment Operational Readiness) Key West Education
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- for unlicensed operation on frequencies assigned to the Private Land Mobile Radio Services at a site in Kenner, LA. New Orleans, LA Office (4/26/2000). 47 C.F.R. Part 11 (Emergency Alert System Rules) 47 C.F.R. 11.35 (Equipment Operational Readiness) Booth-Newsome Broadcasting, Inc., WKTE. Issued $20,000 NAL. NAL also issued for apparent violation of 47 C.F.R. 73.1590(a)(6) and (b) and 73.3526(a)(2). Norfolk, VA Office (4/17/00). Pride Radio Licensee, Inc., licensee of Radio Station WLLI-FM, Joliet, IL. Issued $4,000 NAL. NAL also issued for apparent violation of 47 C.F.R. 11.61(a)(1)(v) and (a)(2)(ii)(A). Chicago, IL Office (4/19/00). Pride Radio Licensee, Inc., licensee of Radio Station WJTW, Joliet, IL. Issued $4,000 NAL. NAL also issued for apparent violation of 47 C.F.R. 11.61(a)(1)(v)
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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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- 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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- - 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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- 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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- (8/1/01). 47 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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- * 47 U.S.C. 301 Unauthorized Operation * David Edwin Merrell, Wichita Falls, TX. $10,000 NAL. Dallas, TX District Office (9/10/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.1225 Station Inspections By FCC * Fifth Avenue Broadcasting Co., Inc., WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 90.233 (Base/Mobile Non Voice Operations), and 90.403 (General Operating Requirements). Denver, CO District Office (9/17/01). *
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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
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- LIABILITY Communications Act * 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). * New World Broadcasting
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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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- Public Inspection File [10]Skip Breadcrumb Site Navigation Links [11]FCC > [12]EB > [13]Broadcast > PIF [14]site map Search the FCC: _______________ Submit [15]Help | [16]Advanced | [17]Share Requirement to Maintain a Public Inspection File The FCC's rules require all broadcast stations and applicants for new stations to maintain a file available for public inspection. These rules are located in Sections 73.3526 (commercial broadcast services) and 73.3527 (noncommercial educational broadcast services) of the Commission's rules, 47 C.F.R. 73.3526 and 73.3527. The public inspection file generally must be maintained at the station's main studio. An applicant for a new station or change of community must maintain its file at any accessible place in the proposed community of license or at its proposed main
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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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- 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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- Opinion and Order, 19 FCC Rcd 23128 (2004), recon. denied, 23 FCC Rcd 2512 (2008). Romar Communications, Inc., 19 FCC Rcd at 23130, 6 & n.13, citing RKO, 5 FCC Rcd at 3223. Long Nine Reply to Opposition, n. 2. See, e.g., In the Matter of Broadcast Localism, Notice of Inquiry, 19 FCC Rcd 12425 (2004). See 47 C.F.R. 73.3526(e)(12). See also Deregulation of Radio, Report and Order, 84 FCC 2d 968 (1981), recon. granted in part, 87 FCC 2d 796 (1981), aff'd in relevant part, Office of Communication of United Church of Christ v FCC, 707 F.2d 1413, 1435 (D.C. Cir. 1983). The Tuck standard examines: (1) the station's proposed signal coverage over the urbanized area (the ``Coverage Factor'');
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- Cir. Sept. 3, 2004). See, e.g., In the Matter of Broadcast Localism, 19 FCC Rcd 12425 (2004). See Deregulation of Radio, 84 FCC 2d 968 (1981), recon. granted in part, 87 FCC 2d 796 (1981), aff'd in relevant part, Office of Communication of United Church of Christ v FCC, 707 F. 2d 1413, 1435 (D.C. Cir. 1983). 47 C.F.R. 73.3526(e)(12). 47 U.S.C. 309(k). 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). The Clear Channel application to implement this reallotment (File No. BPH-20031112AIA) was granted on May
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- any deficiency in the analysis in those cases or explained why a different approach is warranted here. See Deregulation of Radio, 84 FCC 2d 968 (1981), recon. granted in part, 87 FCC 2d 797 (1981), aff'd in relevant part, Office of Communication of United Church of Christ v. FCC, 707 F. 2d 1413, 1435 (D.C. Cir. 1983). 47 C.F.R. 73.3526(e)(12). 47 U.S.C. 309(k). 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-200112AIA (May 24, 2001). Policies to Promote Rural Radio Service and Streamline Allotment and Assignment Procedures, Notice of Proposed
- http://transition.fcc.gov/fcc-bin/audio/am.html
- American Public using broadcasting and nonbroadcasting telecommunications technologies." This program is administered by [133]NTIA -- NOT the FCC -- and all inquiries must be referred to NTIA. [134]"Public and Broadcasting" provides a brief non-technical overview of the FCC's regulation of broadcast radio and television. This manual is REQUIRED to be in each station's local public inspection file, per [135]47 CFR 73.3526 and [136]73.3527. Revised July 2008. [137]"Quiet Spots" Between Stations on the Dial [138]Radio Operators' Licenses are issued by the [139]Wireless Telecommunications Bureau. However, DJs and other persons operating a licensed broadcast station are no longer required to have an operator's license. (Report and Order, MM Docket 94-130, 10 FCC Rcd 11479 (1995) [ [140]PDF | [141]Word ].) The broadcast licensee
- http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
- Contingent applications. [604]TEXT [605]PDF 73.3518 Inconsistent or conflicting applications. [606]TEXT [607]PDF 73.3519 Repetitious applications. [608]TEXT [609]PDF 73.3520 Multiple applications. [610]TEXT [611]PDF 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [612]TEXT [613]PDF 73.3522 Amendment of applications. [614]TEXT [615]PDF 73.3523 Dismissal of applications in renewal proceedings. [616]TEXT [617]PDF 73.3525 Agreements for removing application conflicts. [618]TEXT [619]PDF 73.3526 Local public inspection file of commercial stations. [620]TEXT [621]PDF 73.3527 Local public inspection file of noncommercial educational stations. [622]TEXT [623]PDF 73.3533 Application for construction permit or modification of construction permit. [624]TEXT [625]PDF 73.3536 Application for license to cover construction permit. [626]TEXT [627]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [628]TEXT [629]PDF 73.3538 Application to make
- http://transition.fcc.gov/fcc-bin/audio/annual-reports-FRC.html
- the Commission's Rules regarding the main studio and local public inspection files of broadcast television and radio stations R&O, MM Docket 97-138 FCC 98-175, 13 FCC Rcd 15691, released August 11, 1998 [ [613]WP5.1 | [614]Text ]. Rules were effective October 30, 1998, except for telephone requests of political file materials in a station's public file pursuant to 47 CFR 73.3526(c) -- that rule section became effective November 4, 1998. [615]MO&O July 30, 1998 KUAM (AM), KUAM-FM, KUAM-TV, Agana, Guam Letter, DA 98-1513, , released July 30, 1998 [ [616]WP5.1 | [617]Text ]. August 22, 1997 Certain Minor Changes in Broadcast Facilities Without a Construction Permit R&O, FCC 97-290, 12 FCC Rcd 12371, [618]62 FR 51052, released August 22, 1997 [
- http://transition.fcc.gov/fcc-bin/audio/fm.html
- American Public using broadcasting and nonbroadcasting telecommunications technologies." This program is administered by [151]NTIA -- NOT the FCC -- and all inquiries must be referred to NTIA. [152]"Public and Broadcasting" provides a brief non-technical overview of the FCC's regulation of broadcast radio and television. This manual is REQUIRED to be in each station's local public inspection file, per [153]47 CFR 73.3526 and [154]73.3527. Revised July 2008. [155]"Quiet Spots" Between Stations on the Dial [156]Radio Operators' Licenses are issued by the [157]Wireless Telecommunications Bureau. However, DJs and other persons operating a licensed broadcast station are no longer required to have an operator's license. (Report and Order, MM Docket 94-130, 10 FCC Rcd 11479 (1995) [ [158]PDF | [159]Word ].) The broadcast licensee
- http://transition.fcc.gov/fcc-bin/audio/legalser.html
- the Commission's Rules regarding the main studio and local public inspection files of broadcast television and radio stations R&O, MM Docket 97-138 FCC 98-175, 13 FCC Rcd 15691, released August 11, 1998 [ [613]WP5.1 | [614]Text ]. Rules were effective October 30, 1998, except for telephone requests of political file materials in a station's public file pursuant to 47 CFR 73.3526(c) -- that rule section became effective November 4, 1998. [615]MO&O July 30, 1998 KUAM (AM), KUAM-FM, KUAM-TV, Agana, Guam Letter, DA 98-1513, , released July 30, 1998 [ [616]WP5.1 | [617]Text ]. August 22, 1997 Certain Minor Changes in Broadcast Facilities Without a Construction Permit R&O, FCC 97-290, 12 FCC Rcd 12371, [618]62 FR 51052, released August 22, 1997 [
- http://transition.fcc.gov/fcc-bin/audio/published_audio_documents.html
- [ [916]PDF | [917]Word ]. $7,200 forfeiture order issued for public inspection file violations of Section 73.3527. February 26, 2009 Saga Communications of Illinois, Inc., re renewal of license for WTAX (AM), Springfield, IL, Forfeiture Order, DA 09-478, released February 26, 2009. [ [918]PDF | [919]Word ]. $3,000 forfeiture order issued for violations of the public inspection file rule, Section 73.3526. February 26, 2009 Tama Radio Licenses of Tampa, FL, Inc.; Tama Radio Licenses of Jacksonville, FL, Inc.; Tama Radio Licenses of Savannah, GA, Inc., Letter, DA 09-472, released February 26, 2009. [ [920]PDF | [921]Word ]. Granted the assignment applications of several stations and denied the informal objection. February 25, 2009 New Inspiration Broadcasting Company, Inc., re construction permit for
- http://transition.fcc.gov/mb/audio/alphaindex.html
- broadcasting and nonbroadcasting telecommunications technologies." This program is administered by [401]NTIA -- NOT the FCC -- and all inquiries must be referred to NTIA. [402]Public and Broadcasting (revised July, 2008) provides a brief non-technical overview of the FCC's regulation of broadcast radio and television. This manual is REQUIRED to be in each station's local public inspection file, per 47 CFR 73.3526 and 73.3527. Public Inspection Files -- see Main Studio Location and Public Inspection Files for Broadcast Radio and TV Stations, Memorandum Opinion and Order, FCC 99-118, released May 28, 1999 [ [403]Word Perfect 5.1 | [404]Text ]. * Main Studio Location and Public Inspection Files for Broadcast Radio and TV Stations, Report and Order, MM Docket 97-138, FCC 98-125, 13
- http://transition.fcc.gov/mb/audio/decdoc/legalser.html
- the Commission's Rules regarding the main studio and local public inspection files of broadcast television and radio stations R&O, MM Docket 97-138 FCC 98-175, 13 FCC Rcd 15691, released August 11, 1998 [ [613]WP5.1 | [614]Text ]. Rules were effective October 30, 1998, except for telephone requests of political file materials in a station's public file pursuant to 47 CFR 73.3526(c) -- that rule section became effective November 4, 1998. [615]MO&O July 30, 1998 KUAM (AM), KUAM-FM, KUAM-TV, Agana, Guam Letter, DA 98-1513, , released July 30, 1998 [ [616]WP5.1 | [617]Text ]. August 22, 1997 Certain Minor Changes in Broadcast Facilities Without a Construction Permit R&O, FCC 97-290, 12 FCC Rcd 12371, [618]62 FR 51052, released August 22, 1997 [
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99223.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99223.txt
- 13 FCC Rcd at 12399, 13. Rather, the CPNI Order merely directed carriers to ensure only that these corporate certifications be made publicly available. Id. As we noted in the order, the Commission similarly requires commercial broadcasters to keep publicly available inspection files on site. CPNI Order, 13 FCC Rcd at 8199, 201, n.695 (citing 47 C.F.R. 73.3526). We likewise require that carriers make these certifications available for public inspection, copying, and/or printing at any time during regular business hours at a centrally located business office of the carrier. 332 See CPNI Order, 13 FCC Rcd at 8200, 202. 333 360E Communications Petition at 12; ALLTEL Petition at 8-9; Ameritech Petition at 8-11; AT&T Petition at 8-18;
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.txt
- Dec. 6, 2000). In the Matter of 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 (1998), revised in part on reconsideration, 14 FCC Rcd 11113 (1999) (Main Studio and Public File Rules Report and Order). See also 47 C.F.R. 73.1125; 73.3526 and 73.3527. The Commission's goals in amending these rules was to strike an appropriate balance between ensuring that the public has reasonable access to each station's main studio and public file, minimizing regulatory burdens on licensees, and establishing rules that are easy to administer and understand. 47 U.S.C. 534(b)(4)(B). Telecommunications Services Inside Wiring: Customer Premises Equipment and Implementation and
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000590.doc
- Ouray, Colorado ) ) ) ) ) ) ) File No. 99030159 NAL/Acct. No. X32080007 JJS NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 15, 2000 Released: March 16, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that WS Communications, L.L.C. (``WS''), licensee of station KWGL(FM), Ouray, Colorado, apparently violated Section 73.3526 of the Commission's rules, 47 C.F.R. 73.3526, by not maintaining a public inspection file from February 1999 through August 1999. We also find that WS 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. We conclude that WS is apparently liable
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000814.doc
- Rules) 47 C.F.R. 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. 11.35 (Equipment Operational Readiness) Key West Education
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000897.doc
- 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
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001095.doc
- ) ) ) ) ) ) ) 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.
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001695.doc
- X3264001 FORFEITURE ORDER Adopted: July 27, 2000 Released: July 31, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) against Booth-Newsome Broadcasting, Inc. (``Booth''), licensee of AM station WKTE, King, North Carolina, for willfully and repeatedly violating Sections 11.35, 73.1590(a)(6), 73.1590(b), and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Booth's failure to install Emergency Alert System (EAS) equipment, to perform the required annual measurements for spurious and harmonic emissions and to maintain a complete and up-to-date public inspection file at WKTE. 2. On April 17, 2000, the Commission's Norfolk, Virginia, Resident Agent Office (``Norfolk Office'') issued a Notice of Apparent
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002164.doc
- ) ) File No. EB-00-IH-0145 NAL/Acct. No. X32080033 Facility No. 7730 JJS NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: September 21, 2000 Released: September 22, 2000 By the Chief, Investigations and Hearings Division, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that Riverside Broadcasting, Inc. (``Riverside''), licensee of station WIMX(FM), Gibsonburg, Ohio, apparently violated Section 73.3526 of the Commission's rules, 47 C.F.R. 73.3526, by denying access to its public inspection file on June 13 and 14, 2000, and by not maintaining a complete public inspection file at that time. We conclude that Riverside is apparently liable for a ten thousand dollar ($10,000) forfeiture. Background On June 14, 2000, the Enforcement Bureau received a complaint from
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000520.doc
- Office (2/14/00). SCI/STEELCON, Kalamazoo, MI. Detroit, MI Office (2/24/00). 47 C.F.R. Part 11 (Emergency Alert System (EAS) Rules) United Broadcasting Company, Inc., KTKK(AM), South Jordan, UT. NOV also issued for violation of numerous rules under 47 C.F.R. Part 73. Denver, CO Office (1/7/00). Richard Lee Harvey, Radio Station WBHX(FM), Tuckerton, NJ. NOV also issued for violation of 47 C.F.R. 73.3526(a)(12) (failure to maintain Issues-Programs Lists) and 47 C.F.R. 73.1870(b)(3) (failure to designate a Chief Operator for the station). Philadelphia, PA Office (1/11/00). Coastal Broadcasting Systems, Radio Station WCZT-FM, Cape May Court House, NJ. NOV also issued for violation of 47 C.F.R. 73.1230(a) (posting expired license at principal control point of transmitter at time of inspection). Philadelphia, PA Office
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000813.doc
- Rules) 47 C.F.R. 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. 11.35 (Equipment Operational Readiness) Key West Education
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000996.doc
- for unlicensed operation on frequencies assigned to the Private Land Mobile Radio Services at a site in Kenner, LA. New Orleans, LA Office (4/26/2000). 47 C.F.R. Part 11 (Emergency Alert System Rules) 47 C.F.R. 11.35 (Equipment Operational Readiness) Booth-Newsome Broadcasting, Inc., WKTE. Issued $20,000 NAL. NAL also issued for apparent violation of 47 C.F.R. 73.1590(a)(6) and (b) and 73.3526(a)(2). Norfolk, VA Office (4/17/00). Pride Radio Licensee, Inc., licensee of Radio Station WLLI-FM, Joliet, IL. Issued $4,000 NAL. NAL also issued for apparent violation of 47 C.F.R. 11.61(a)(1)(v) and (a)(2)(ii)(A). Chicago, IL Office (4/19/00). Pride Radio Licensee, Inc., licensee of Radio Station WJTW, Joliet, IL. Issued $4,000 NAL. NAL also issued for apparent violation of 47 C.F.R. 11.61(a)(1)(v)
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001311.doc
- South Dakota. NOV also issued for violation of 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Denver, CO Office (5/2/00). Ubik Corporation. NOV also issued for violation of 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inpection File), and 73.3615 (Ownership Reports). Anchorage, AK Office (5/25/00). 47 C.F.R. 1.89 (Notice of Violation) George McClellan, Suffolk, VA. Failure to respond to previous NOV regarding violation of 47 C.F.R. 17.4 (Antenna Structure Registration). Norfolk, VA Office (5/19/00). Crystal Dawn, Inc., Manteo, NC. Failure to file complete response to previous NOV regarding violation of 47 C.F.R.
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.doc http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.html
- EAS Procedures). Columbia, MD District Office (6/15/00). Central Ozark Radio Network, Inc., (KUPH), West Plains, MO. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 73.267 (Determining Operating Power), 73.1215 (Specifications for Indicating Instruments), 73.1400 (Transmission System Monitoring and Control), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73/1870 (Chief Operator), and 73.3526 (Public Inspection File). Kansas City, MO District Office (6/27/00). Triton College, River Grove, IL. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness) and 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/27/00). J & A, Inc., Hot Springs, AR. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness) and 73.1820 (Station Log). New Orleans, LA District Office (6/28/00).
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001850.doc
- 73.1840 (Retention of Logs), and 73.1870 (Chief Operators). Dallas, TX Office (7/5/00). Electronic Applications Radio Service, WLHN(AM) Muncie, IN. Other violation: 47 C.F.R. 73.1820 (Station Log). Chicago, IL District Office (7/18/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Birach Broadcasting Corp., Southfield, MI (WNWI(AM), Riverdale, IL). Other violations: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Public Inspection File). Chicago, IL District Office (7/3/00). Full Gospel Church of God, Lumber City, GA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirments), 11.61 (Tests of EAS Procedures), and 17.4 (Antenna Structure Registration). Atlanta, GA District Office (7/13/00). Tri-County Broadcasting, Inc., Hawkinsville, GA. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Atlanta,
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002136.doc
- 11.35 - Equipment Operations Readiness Cox Communications, Inc., El Dorado, AR. $4,000 NAL. New Orleans, LA District Office (8/8/00). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. 17.4 - Antenna Structure Registration Church Point Ministries, Baton Rouge, LA. $15,000 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission System Fencing Requirements) and 73.3526 (Local Public Inspection File For Commercial Stations). New Orleans, LA District Office (8/21/00). 47 C.F.R. Part 80 - Safety and Special Radio Services 47 C.F.R. 80.373 - Private Communications Frequencies GNOTS Reserve, Inc., Destrehan, LA. $4,000 NAL. New Orleans, LA District Office (8/23/00). NOTICES OF VIOLATION 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. 1.89 -
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002408.doc
- 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
- http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.wp
- in content regulation? 50. Statutory requirements that now apply to LPTV stations must also apply to Class A stations; for example, the prohibitions on the broadcasting of obscene material. In creating the LPTV Federal Communications Commission FCC 99-257 69 Report and Order in BC Docket No. 78-253 at para 105. Citation given in footnote 5, supra. 70 47 C.F.R. Sections 73.3526 and 73.3527. 71 47 C.F.R. 73.1125. 72 47 C.F.R. 73.671. 73 47 C.F.R. 73.670. 22 service, the Commission determined that the "equal time" and "lowest unit charge" provisions in Sections 312(a)(7) and 315 of the Communications Act would apply to LPTV stations "to the extent their origination capacity permits...[T]he reasonable requests of legally qualified candidates for federal elective office
- http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.doc http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.txt
- or eight minutes on the Internet). 47 U.S.C. 309(k). This public interest requirement goes back to the Radio Act of 1927, 44 Stat.1162, and was carried over by Congress in the Communications Act of 1934, 48 Stat. 1064. National Broadcasting Co. v. United States, 319 U.S. 190, 216 (1943). 47 U.S.C. 307(a), 309(a), 309(k), 310(d). 47 C.F.R. 73.3526(a)(8) and (9) and 73.3527(a)(7). See also Deregulation of Radio, BC Docket No. 79-219, Report and Order, 84 FCC 2d 968, 982 (1981). See 47 U.S.C. 312(a)(7), 315; 47 C.F.R. 73.1941 (equal opportunities); 47 C.F.R. 73.1942 (candidate rates); 47 C.F.R. 73.1944 (reasonable access). Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at
- http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/fcc00093.doc
- Programming ) Reports (FCC Form 398) ) ) ) NOTICE OF PROPOSED RULE MAKING Adopted: March 9, 2000 Released: April 6, 2000 Comment Date: June 12, 2000 Reply Comment Date: July 12, 2000 By the Commission: Commissioners Furchtgott-Roth and Powell concurring and issuing a joint statement. I. INTRODUCTION . This Notice of Proposed Rule Making (Notice) proposes to amend Section 73.3526(e)(11)(iii) of the Commission's rules to continue indefinitely the requirement that commercial broadcast television licensees file with the Commission, on an annual basis, their quarterly Children's Television Programming Reports (FCC Form 398). The Commission's rules currently state that such reports shall be filed on an annual basis for an experimental period of three years, from January 1998 through January 2000. Continuation
- http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/fcc00344.pdf
- required to provide, and did not include measures designed to inform the public about educational programming. Within a few years after these initial rules took effect, questions began to be raised regarding the effectiveness of the new rules, and in particular about the content of the programs stations claimed were educational. 22 47 C.F.R. 73.673. 23 47 C.F.R. 73.3526(a)(11)(iii). 24 For an experimental period of three years after the effective date of the 1996 rules, the Reports were required to be filed with the Commission on an annual basis, and can be accessed by the public through the FCC's children's television webpage. The Commission has adopted a Report and Order and Further Notice of Proposed Rulemaking today that extends
- http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/fcc00345.doc http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/fcc00345.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/fcc00345.txt
- and Program Log Requirements for Commercial Television Stations, MM Docket No. 83-760, Report and Order, 98 F.C.C. 2d 1076, 1091, 32 (1984) (Programming and Ascertainment Report and Order), recon. denied, 104 F.C.C. 2d 358 (1986), aff'd in part and remanded in part sub nom. Action for Children's Television v. FCC, 821 F.2d 741 (D.C. Cir. 1987)). 47 C.F.R. 73.3526(e)(11)(i). 47 C.F.R. 73.3526(e)(11)(ii). 47 C.F.R. 73.3526(e)(11)(iii). Television and radio broadcast station licensees must also maintain information in their public inspection files on applications, authorizations, citizens agreements, service contour maps, ownership reports, annual employment reports, written correspondence with the public on station operations, material related to Commission investigations or complaints, and certification that the licensee is complying with its
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.htm http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.wp
- under as a significant purpose; (2) It is aired between the hours of 7:00 a.m. and 10:00 p.m.; (3) It is a regularly scheduled weekly program; (4) It is at least 30 minutes in length; (5) 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(a)(8)(iii); and (6) 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(b). NOTE 1 to 73.671: For purposes of determining under this section whether programming has a significant purpose of serving the educational and informational needs
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
- meaningful oversight requires public access to information. Of special concern to commenters was the projected impact of ending the practice of having unredacted sales agreements available for inspection in the Commission's Federal Communications Commission FCC 98-281 77 Applications granted pursuant to a waiver showing, however, must be retained for as long as the waiver is in effect. 47 C.F.R. 73.3526(e)(2) and 73.3527(e)(2). See generally, Review of the Commission's Rules Regarding the Main Studio and Local Public Inspection Files of Broadcast Television and Radio Stations, FCC 98-175 (rel. August 11, 1998). ( 54-55) ("Main Studio Order"). 78 In light of the contract submission procedures adopted herein, we will continue to impose the transfer disclosure requirements of Section 1.2111(a) of the Commission's
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992306.doc
- it "more than the company could bear." The Act specifies this criterion as an alternative justification for assessing forfeitures. See Liability of Cate Communications Corp., supra. See also Hale Broadcasting Corp., 79 FCC 2d 169, 171 (1980) (interpreting "repeatedly" to mean "simply more than once"). See Sec. 73.1125(d) of the Commission's Rules (formerly found at paragraph (c)). See former Sec. 73.3526(d) of the Commission's Rules. Under the new rule, the public inspection file shall be maintained at the main studio of the station, or, in the case of a new station or change of community, at an accessible place in the proposed community of license or at the proposed main studio. See Sec. 73.3526(b) of the Commission's Rules. See File Nos.
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.wp
- Docket 97-138, 12 FCC Rcd 6993, 6999 (1997). Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of )) MM Docket No. 97-138 Review of the Commission's Rules ) RM-8855 regarding the main studio and ) RM-8856 local public inspection files of ) RM-8857 broadcast television and radio stations ) RM-8858 ) RM-8872 47 C.F.R. 73.1125, ) 73.3526 and 73.3527 ) MEMORANDUM OPINION AND ORDER Adopted: May 25, 1999 Released: May 28, 1999 By the Commission: Table of Contents Paragraph I. Introduction 1 II. Issue Analysis 3 A. Accommodation 3 B. Document Retention Requirements 24 C. Miscellaneous Matters 41 III. Administrative Matters 47 I. INTRODUCTION 1. In the Report and Order1 in this proceeding, we amended our rules
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- terms that affect programming or other core operations of the stations such that they are, in fact, substantively equivalent to LMAs.260 We will retain our current policies concerning JSAs.261 Furthermore, in the absence of specific evidence of widespread abuse of JSAs by broadcasters, we also decline to adopt the Federal Communications Commission FCC 99-207 262 We will accordingly amend Section 73.3526 of the Commission's Rules, 47 C.F.R. 73.3526, which sets forth the public inspection file requirements for broadcasters, and Section 73.3613(e) of the Commission's Rules, 47 C.F.R. 73.3613(e), which discusses station agreements that must be kept on file at the station and made available for inspection by Commission personnel upon request. 263 See, e.g., Shareholders of Citicasters, Inc., 11
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99259.doc
- and, as such, preclude the Commission from making the statutory determination that WEZB(FM)'s license renewal is in the public interest without first conducting an evidentiary hearing. The Benfields also challenge again the Bureau's decision to grant the renewal application despite the omission of listener complaint letters from the WEZB(FM) public inspection file, contrary to the provisions of 47 C.F.R. 73.3526. 3. We find that the Benfields newly asserted reliance on the decision in Monroe is untimely. See 47 C.F.R. 1.115(c). Further, we have reviewed the Benfields' allegations and the staff's decision and find that the decision properly disposed of the issues related to the indecency complaint. We uphold those decisions for the reasons stated therein. As to the public
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.txt
- Main Studio Rule, Public File Rule and Ownership Reporting Requirements Background. In the Notice, we invited comment on whether LPFM stations of each class should be subject to the variety of other rules in Part 73 with which full power stations must comply, including, for example, the main studio rule (47 C.F.R. 73.1125(a)), public file rule (47 C.F.R. 73.3526, 73.3527), and the periodic ownership reporting requirements (47 C.F.R. 73.3615). Given the purposes and power levels of LP1000 stations, we tentatively concluded that LP1000 licensees should generally meet the Part 73 rules applicable to full power FM stations. However, the Notice sought comment on whether sufficient useful purpose would be served in applying each rule to these licensees. We
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- recruitment source utilized for any full-time vacancy during the preceding year, the total number of applicants generated by that source, the number of those applicants who were female, and the number of those applicants who were minority, identified by the applicable racial and/or national group with which each applicant is associated. We shall amend the public inspection file rules, Sections 73.3526 and 73.3527, to reflect these new requirements. Broadcasters are free to utilize any format in their public file report to avoid unnecessary duplication as long as the report clearly provides the information requested. For instance, if a broadcaster utilized the same recruitment sources for all its vacancies, it may maintain a single list of those sources, indicating that they were
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
- frequency, or channel, and no application will be accepted for filing if it requests an alternate frequency or channel. Applications specifying split frequency AM operations using one frequency during daytime hours complemented by a different frequency during nighttime hours will not be accepted for filing. * * * * * 39. Section 73.2526 is amended to read as follows: 73.3526 Local public inspection file of commercial stations. (a) Responsibility to maintain a file. The following shall maintain for public inspection a file containing the material set forth in this section. * * * * * (3) Every permittee or licensee of an AM, FM, TV or Class A TV station in the commercial broadcast services shall maintain a public inspection
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00343.pdf
- See also S. Rep. No. 227, 101st Cong., 1st Sess 5-9 (1989) (Senate Report). 4 See Senate Report at 1. 5 See Report and Order, Policies and Rules Concerning Children's Television Programming, MM Docket No. 93-48, 11 FCC Rcd 10660 (1996) ("Children's Programming Report and Order"). 6 47 C.F.R. 73.673 7 47 C.F.R. 73.671 8 47 C.F.R. 73.3526(e)(11)(iii). 9 47 C.F.R. 73.3526(e)(11)(iii). 10 47 C.F.R. 73.3526(e)(11)(iii ) currently states: For an experimental period of three years, licensees shall file these Reports with the Commission on an annual basis, i.e. four quarterly reports filed jointly each year, in electronic (continued....) Federal Communications Commission FCC 00-343 3 these reports identify the educational and informational programs aired by the
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.txt
- local public inspection files, with confidential or proprietary information redacted where appropriate. Id. UCC Petition at 18-22. NAB Opposition at 4-5. Telecommunications Act of 1996, Pub. L. No. 104-104, 202(g), 110 Stat. 56 (1996). H.R. Conf. Rep. No. 104-458, at 163 (1996). UCC Petition at 22-23. Report and Order, 14 FCC Rcd at 12601-02, 94; 47 C.F.R. 73.3526(e)(14). Report and Order, 14 FCC Rcd at 12602, 95. Report and Order, 14 FCC Rcd at 12604, 100 (citing Notice of Inquiry in MM Docket No. 87-154, 2 FCC Rcd 3699 (1987)). Report and Order, 14 FCC Rcd at 12609, 112. In 1989, the Commission limited portions of the cross-interest policy so that it would no longer
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- the use of common antenna sites); Comments of USA Broadcasting, Inc., at 2; Comments of WRNN-TV at 1, 3-4. Comments of USA Broadcasting, Inc. at 11. Comments of Pegasus Communications Corporation at 16. Notice, supra at 5266. If the signal strength does not reach that threshold, the receiver's screen will freeze or go blank. 47 U.S.C. 307(b). 47 CFR 73.3526(e)(11) and 73.3527(e)(8). Notice at 5262. Comment of AAPTS/PBS at 31-32. The criteria AAPTS/PBS suggest are: 1) those stations whose average annual cash revenue for the previous four years was $2 million or less; 2) those who can demonstrate that the cost of building a basic pass-through facility is greater than its average annual cash revenue for the previous four years;
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01060.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01060.txt
- suggest making the graphical analysis now used optional. The tabulation shows that most measured values of nondirectional radiation differ from the theoretical value by less than two dB. Maps showing measurement locations should be associated with the proof of performance application which must be available in the station's public inspection file while the application is pending. See 47 C.F.R. 73.3526(e)(2). See 47 C.F.R. 73.154. See paragraph 19 for definition of ``monitoring point.'' Monitoring points are usually designated on all radials which define pattern minima. A query of our Consolidated Data Base System (CDBS) shows that approximately 80 percent of full proofs are more than ten years old. This is consistent with our present policy of allowing a licensee to
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.txt
- information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. F. A copy of the completed application and all related exhibits shall be made available for inspection by the public in the applicant's public inspection file pursuant to 47 C.F.R. Sections 73.3526 or 73.3527, unless the applicant requests confidentiality consistent with 47 C.F.R. Section 0.459. G.The applicant must sign the application. Depending on the nature of the applicant, the application should be signed as follows: if a sole proprietorship, personally; if a partnership, by a general partner; if a corporation, by an officer; for an unincorporated association, by a member who is
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- see Memorandum Opinion and Order, [7]FCC 99-118 (released May 28, 1999), we are releasing the revised version of [8]The Public and Broadcasting. The most recent version of this manual, which will be updated periodically by the Bureau, is to be kept in the local public inspection file of all commercial and noncommercial broadcast stations "at all times." See 47 CFR 73.3526 (e)(8), and 73.3527(e)(7). The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Information Center, Room, CY-A257, 445 12th Street, SW, Washington, DC, 20554. The Public and Broadcasting will also be available on the World Wide Web at the Commission's website at [9]www.fcc.gov. For additional information please contact Victoria McCauley
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000424.doc http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000424.html
- digital television conversion. Comments due May 17; replies due June 16, 2000. Contact Gordon Godfrey at (202) 418-2190 or Mania Baghdadi at (202) 418-2120. MM 00-44; FCC 00-93; NPRM (adopted 3/9); Released 4/6 In The Matter of Extension of the Filing Requirement for Children's Television Programming Reports (FCC Form 398). The Commission seeks comments on the proposed amendment to Section 73.3526(e)(11)(iii) of the Commission's Rules to continue indefinitely the requirement that commercial broadcast television licensees file on an annual basis their quarterly Children's Television Programming Reports (FCC Form 398). Comments are due June 12; reply comments due July 12, 2000. OFFICE OF PLANS AND POLICY PP 00-67; FCC 00-137; NPRM (adopted 4/13); PN 4/17 In the Matter of Compatibility Between Cable
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- digital television conversion. Comments due May 17; replies due June 16, 2000. Contact Gordon Godfrey at (202) 418-2190 or Mania Baghdadi at (202) 418-2120. MM 00-44; FCC 00-93; NPRM (adopted 3/9); Released 4/6 In The Matter of Extension of the Filing Requirement for Children's Television Programming Reports (FCC Form 398). The Commission seeks comments on the proposed amendment to Section 73.3526(e)(11)(iii) of the Commission's Rules to continue indefinitely the requirement that commercial broadcast television licensees file on an annual basis their quarterly Children's Television Programming Reports (FCC Form 398). Comments are due June 12; reply comments due July 12, 2000. OFFICE OF PLANS AND POLICY PP 00-67; FCC 00-137; NPRM (adopted 4/13); PN 4/17 In the Matter of Compatibility Between Cable
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000531.doc
- of digital television conversion. Comments due May 17*; replies due June 16, 2000. Contact Gordon Godfrey at (202) 418-2190 or Mania Baghdadi at (202) 418-2120. MM 00-44; NPRM 4/6/00 (adopted 3/9); FCC 00-93; In The Matter of Extension of the Filing Requirement for Children's Television Programming Reports (FCC Form 398). The Commission seeks comments on the proposed amendment to Section 73.3526(e)(11)(iii) of the Commission's Rules to continue indefinitely the requirement that commercial broadcast television licensees file on an annual basis their quarterly Children's Television Programming Reports (FCC Form 398). Comments are due June 12; reply comments due July 12, 2000. PN 5/12/00; DA 00-1076 Bell Atlantic, GTE, and Vodafone seek consent to transfer control of or assign properties to Divestiture Trust.
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000612.doc http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000612.html
- of digital television conversion. Comments due May 17*; replies due June 16, 2000. Contact Gordon Godfrey at (202) 418-2190 or Mania Baghdadi at (202) 418-2120. MM 00-44; NPRM 4/6/00 (adopted 3/9); FCC 00-93; In The Matter of Extension of the Filing Requirement for Children's Television Programming Reports (FCC Form 398). The Commission seeks comments on the proposed amendment to Section 73.3526(e)(11)(iii) of the Commission's Rules to continue indefinitely the requirement that commercial broadcast television licensees file on an annual basis their quarterly Children's Television Programming Reports (FCC Form 398). Comments are due June 12; reply comments due July 12, 2000. PN 5/12/00; DA 00-1076 Bell Atlantic, GTE, and Vodafone seek consent to transfer control of or assign properties to Divestiture Trust.
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000626.doc http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000626.html
- that may exist with respect to the merits of the application. Extended to July 6, time for filing comments in this proceeding. MASS MEDIA BUREAU MM 00-44; NPRM 4/6/00 (adopted 3/9); FCC 00-93 In The Matter of Extension of the Filing Requirement for Children's Television Programming Reports (FCC Form 398). The Commission seeks comments on the proposed amendment to Section 73.3526(e)(11)(iii) of the Commission's Rules to continue indefinitely the requirement that commercial broadcast television licensees file on an annual basis their quarterly Children's Television Programming Reports (FCC Form 398). Comments are due June 12; reply comments due July 12, 2000. PN 5/12/00; DA 00-1076 Bell Atlantic, GTE, and Vodafone seek consent to transfer control of or assign properties to Divestiture Trust.
- http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210087-2.pdf
- generally 71132-33, proposing accessible contact points for manufacturers and service providers. Designating a specific representative is similar to the broadcasters' "children's liaison," a designated individual at each television station responsible for handling inquires and complaints regarding compliance with children's programming requirements. The name and method of contacting the children's liaison must be made available to the public. 47 C.F.R. 3 73.3526(a)(8)(iii); See Policies and Rules Concerning Children's Television Programming; Revision of Pronrammina Policies for Television Broadcast Stations, Report and Order, MM Docket No. 93-48, August 8, 1996, 11 FCC Red 10660, 10690. 32 issues concerning Section 255 can be complex; having a knowledgeable staff, familiar with Section 255 and accessibility issues in general, is vital to the successful enforcement of Section
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980918.html
- Dkt No.: MM-97-168. Action by Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. Adopted: September 9, 1998. by R&O. (DA No. 98-1873). MMB REVIEW OF THE COMMISSION'S RULES REGARDING THE MAIN STUDIO AND LOCAL PUBLIC INSPECTION FILES OF BROADCAST TELEVISION AND RADIO STATIONS. Stayed until November 4, 1998, the effective date of the provisions of 47 CFR Section 73.3526(c)(2) pertaining only to telephone requests for political file materials in stations' public files. Dkt No.: MM-97-138. Action by the FCC. Adopted: September 16, 1998. by Order. (FCC No. 98-229). MMB Internet URL: [25]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98229.wp 1998 BIENNIAL REGULATORY REVIEW -- AMENDMENT OF PART 0 OF THE COMMISSION'S RULES TO CLOSE THE WIRELESS TELECOMMUNICATIONS BUREAU'S GETTYSBURG REFERENCE FACILITY. Proposed to amend rules to
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990330.html
- ADDENDA: The following items, released March 26, 1999, did not appear in Digest No. 58: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- WGUL-FM, INC. RADIO STATION WINV INVERNESS, FL. Reduced monetary forfeiture issued on June 1, 1999, to WGUL-FM, Inc., licenseee of AM Station WINV, Inverness, FL, from $10,000 to $7,000 for willful and continuous violation of Sections 11.52(d), 11.61(a), 73.1590(a)(6), and 73.3526(d) of the Rules. Action by Director, Legal Services Group, Compliance and Information Bureau. Adopted: March 24, 1999. by Forfeiture Order. (DA No. 99-588). CIB Internet URL: [11]http://www.fcc.gov/Bureaus/Compliance/Orders/1999/da990588.wp [12][icon bar] References 1. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac990330.txt 2. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap990330.txt 3. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/ITFS_Notices/pnmm9034.html 4. http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.wp 5. http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990596.wp 6. http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990589.wp 7. http://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9004.wp 8. http://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9005.wp 9. http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/1999/pnmc9024.wp 10. http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.wp 11. http://www.fcc.gov/Bureaus/Compliance/Orders/1999/da990588.wp 12. http://www.fcc.gov/fcc-bin/htimage/pub/www/pub/opa.map
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990714.html
- STATIONS IN COLORADO. Granted Colorado West Broadcasting, Inc.'s applications for transfer of control and for renewal of its licenses for various primary an translator radio stations in Colorado. Issued Notice of Apparent Liability for Foreiture to Colorado West Broadcasting, Inc. for violations of Section 310(d) of the Communications Act of 1934, as amended and Sections 73.3540 and 73.3615 and Section 73.3526, regarding transfer of control, ownership reports and public files. Action by Bureau Chief. Adopted: July 13, 1999. by Letter. (DA No. 99-1366). MMB Internet URL: [18]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da991366.wp ODCOM CORPORATION. Granted ODCOM Corporation's License Correction Request and reissued the license for Station WLM230 with primary status. Action by Chief, Public Safety and Private Wireless Division. Adopted: July 13, 1999. by Or. on
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000406.html
- OF DEAVERAGED RATE ZONES FOR UNBUNDLED NETWORK ELEMENTS. Denied the petition for reconsideration filed by GTE Florida. By Order on Reconsideration. Dkt No.: CC-96-98. Action by the Commission. Adopted: April 4, 2000. (FCC No. 00-121). CCB Internet URL: [11]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00121.doc IN THE MATTER OF EXTENSION OF THE FILING REQUIREMENT FOR CHILDREN'S TELEVISION PROGRAMMING REPORTS (FCC FORM 398). Proposed to amend Section 73.3526(e)(11)(iii) of the Commission's rules to continue indefinitely the requirement that commercial broadcast television licensees file with the Commission, on an annual basis, their quarterly Children's Television Programming Reports (FCC Form 398). Comments Due: June 12, 2000, Reply Comments Due: July 12, 2000. Dkt No.: MM-00-44. Action by the Commission. Adopted: March 9, 2000. by NPRM. (FCC No. 00-93). MMB Internet
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000421.html
- Services Division, Common Carrier Bureau. Adopted: April 20, 2000. by Order. (DA No. 00-902). CCB Internet URL: [11]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000902.doc WGUL-FM, INC., RADIO STATION WINV(AM), INVERNESS, FL. Affirmed the imposition of a $7,000 forfeiture pursuant to Section 503(b) of the Communications Act of 1934, as amended and Section 1.80 of the Commission's Rules for willful violation of Sections 11.52(d), 11.61(a), and Section 73.3526(c) of the Rules. Action by Chief, Enforcement Bureau. Adopted: April 19, 2000. by MO&O. (DA No. 00-897). ENF Internet URL: [12]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000897.doc NORFOLK, VIRGINIA. Proposed amending TV Table by substitution of DTV Channel 40 for DTV Channel 58. Comments Due: June 12, 2000, Reply Comments Due: June 27, 2000. Dkt No.: MM-00-68. Action by Chief, Video Services Division. Adopted: April 19,
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- 00-1075). Contact: Walter D. Strack at (202) 418-0600, Evan Kwerel at (202) 418-2030, Craig Bomberger, Howard Davenport, Joel Rabinovitz at (202) 418-0600. Internet URL: [29]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001075.do c ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- WS COMMUNICATIONS, L.L.C. Issued a monetary forfeiture in the amount of four thousand dollars ($4,000) against WS Communications, L.L.C., licensee of station KWGL(FM), Ouray, Colorado for violations of Section 73.3526 of the Commission's rules, 47 C.F.R. Section 73.3526, the Commission's public inspection file rule. By Forfeiture Order. Action by Chief, Enforcement Bureau. Adopted: May 17, 2000. by Forfeiture Order. (DA No. 00-1095). ENF Internet URL: [30]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001095.doc SALT LAKE CITY, OGDEN AND PROVO, UTAH. Denied and dismissed the comments filed by Airwaves, Inc., Telemundo of Northern California License Corporation, and Utah
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd041008.html
- REGISTRATION SERVICE INFORMATION. WTB [47]DOC-252988A1.pdf [48]DOC-252988A1.txt Report No: CWS-05-03 Released: 10/08/2004. ANTENNA STRUCTURE REGISTRATION SERVICE INFORMATION Applications accepted for filing. WTB [49]DOC-252986A1.pdf [50]DOC-252986A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FORFEITURE ORDER. Issued a monetary forfeiture in the amount of ($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 Rules. Action by: Assistant Chief, Enforcement Bureau. Adopted: 10/05/2004 by Forfeiture Order. (DA No. 04-3199). EB , EB [51]DA-04-3199A1.doc [52]DA-04-3199A1.pdf [53]DA-04-3199A1.txt ARKANSAS 49, INC, PETITION FOR MODIFICATION OF TELEVISION MARKET OF TELEVISION STATION KYPX (TV), CAMDEN, ARKANSAS. Denied the Petition. Action by: Deputy Chief, Media Bureau. Adopted: 10/06/2004 by Order on Reconsideration. (DA No. 04-3213). MB [54]DA-04-3213A1.doc
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060213.html
- PROCEEDINGS. OMD. Contact: Jason Brown @ 418-0310 [17]DOC-263762A1.pdf [18]DOC-263762A1.txt Released: 02/13/2006. NOTICE OF STREAMLINED DOMESTIC 214 APPLICATION GRANTED. (DA No. 06-335). (Dkt No 05-358). WCB. Contact: Tracey Wilson-Parker at (202) 418-1394 or Alex Johns at (202) 418-1167 [19]DA-06-335A1.doc [20]DA-06-335A1.pdf [21]DA-06-335A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- BELL BROADCASTING, L.L.C., WUPV(TV), ASHLAND, VA. Admonished Bell Broadcasting, L.L.C. for admitted violations of Section 73.3526(e)(11)(iii) of the Rules described in station WUPV(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 06-328). MB [22]DA-06-328A1.doc [23]DA-06-328A1.pdf [24]DA-06-328A1.txt STATISTICAL REPORT ON AVERAGE RATES FOR BASIC SERVICE, CABLE PROGRAMMING SERVICE AND EQUIPMENT. The Media Bureau released an Order requiring certain cable operators selected at random to respond to a price survey questionnaire. (Dkt No.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060217.html
- should file a written statement seeking reduction or cancellation of the proposed forfeiture by LETTER. (DA No. 06-369). MB [73]DA-06-369A1.doc [74]DA-06-369A1.pdf [75]DA-06-369A1.txt DELMARVA BROADCAST SERVICE GENERAL PARTNERSHIP, WMDT(TV), SALISBURY, MD. Delmarva Broadcast Service General Partnership is hereby Notified of its Apparent Liability For A Forfeiture in the amount of ten thousand dollars ($10,000) for willful and repeated violations of Section 73.3526(e)(11)(iii) of the Rules by LETTER. (DA No. 06-370). MB [76]DA-06-370A1.doc [77]DA-06-370A1.pdf [78]DA-06-370A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED FEBRUARY 16, 2006, DID NOT APPEAR IN DIGEST NO. 32: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- FCC PROPOSES FORFEITURE AGAINST BEHRINGER USA, INC. FOR MARKETING UNAUTHORIZED EQUIPMENT. The FCC proposed a $1 million forfeiture against Behringer USA, Inc. for apparent violation of the
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060224.html
- renewal application which remains pending at this time. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 06-408). MB [80]DA-06-408A1.doc [81]DA-06-408A1.pdf [82]DA-06-408A1.txt VIACOM STATIONS GROUP OF MIAMI, INC., WBFS-TV, MIAMI, FL. Notified Viacom Stations Group of Miami, Inc. of its Apparent Liability For Forfeiture in the amount of twelve thousand dollars for willful and repeated violations of Section 73.3526(e)(11)(iii) and 73.670 of the Rules. Action by: Chief, Media Bureau by LETTER. (DA No. 06-404). MB [83]DA-06-404A1.doc [84]DA-06-404A1.pdf [85]DA-06-404A1.txt NUMBERING RESOURCE OPTIMIZATION/ PETITION OF WEST VIRGINIA PSC ET AL. Granted the Petitions for delegated authority to implement mandatory thousands-block number pooling filed by the Public Service Commission of West Virginia, Nebraska et al. By 5th FNPRM. (Dkt No. 99-200). Action
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- [47]DA-06-539A1.txt FOX TELEVISION STATIONS, INC., WRBW(TV), ORLANDO, FL. Admonished Fox Television Stations, Inc. for the admitted violation of Section 73.670 of the Commission's Rules described in station WRBW(TV's) renewal application by LETTER. (DA No. 06-538). MB [48]DA-06-538A1.doc [49]DA-06-538A1.pdf [50]DA-06-538A1.txt C-34 FCC LICENSEE SUBSIDIARY, LLC, WTVX(TV), FORT PIERCE, FL. Admonished C-34 FCC Licensee Subsidiary, LLC for the admitted violation of Section 73.3526(e)(11)(i) of the Rules described in station WTVX(TV's) renewal application by LETTER. (DA No. 06-540). MB [51]DA-06-540A1.doc [52]DA-06-540A1.pdf [53]DA-06-540A1.txt POST-NEWSWEEK STATIONS, FLORIDA, INC., WPLG(TV), MIAMI, FL. The violation of Section 73.670 of the Commission's Rules does not warrant further consideration in connection with WPLG(TV's) renewal application which remains pending at this time by LETTER. (DA No. 06-541). MB [54]DA-06-541A1.doc [55]DA-06-541A1.pdf [56]DA-06-541A1.txt
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- Rules, and for failure to file required information pursuant to a Bureau directive. Action by: Regional Director, Northeast Region, Enforcement Bureau. Adopted: 03/27/2006 by Forfeiture Order. (DA No. 06-663). EB [39]DA-06-663A1.doc [40]DA-06-663A1.pdf [41]DA-06-663A1.txt KLFY, L.P., LAFAYETTE, LA. Notified KLFY, L.P. of its Apparent Liability for Forfeiture in the amount of $10,000 for its apparent willful and repeated violation of Sections 73.3526(e)(11)(ii) and (e)(5) of the Rules. Action by: Chief, Media Bureau. Adopted: 03/22/2006 by NALF. (DA No. 06-543). MB [42]DA-06-543A1.doc [43]DA-06-543A1.pdf [44]DA-06-543A1.txt MEDIA GENERAL COMMUNICATIONS, INC., WJWB(TV). Notified Media General Communications that it shall pay proposed Forfeiture in the amount of $14,000, or shall file a written statement seeking reduction or cancellation. Action by: Chief, Media Bureau by LETTER. (DA No.
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- 2 and 15 of the Rules. Action by: Chief, Enforcement Bureau. Adopted: 07/31/2006 by ORDER. (DA No. 06-1555). EB [20]DA-06-1555A1.doc [21]DA-06-1555A1.pdf [22]DA-06-1555A1.txt NEW LIFE BROADCASTING, INC. Issued a monetary forfeiture in the amount of $3,200 to New Life Broadcasting, Inc., licensee of station WBRQ in Cidra, PR, for failure to maintain a complete public inspection file in violation of Section 73.3526 of the Commission's Rules. Action by: Regional Director, South Central Region, Enforcement Bureau. Adopted: 07/27/2006 by Forfeiture Order. (DA No. 06-1537). EB [23]DA-06-1537A1.doc [24]DA-06-1537A1.pdf [25]DA-06-1537A1.txt AMENDMENT OF PARTS 1, 21, 73, 74 AND 101 OF THE COMMISSION'S RULES TO FACILITATE THE PROVISION OF FIXED AND MOBILE BROADBAND ACCESS, EDUCATIONAL AND OTHER ADVANCED SERVICES IN THE 2150-2162 AND 2500-2690 MHZ BANDS.
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- International, licensee of WYJC(FM), Tallahassee, Florida, for the apparent willful violation of Section 73.3527 of the Commission's Rules. Action by: Region Director, South Central Region, Enforcement Bureau. Adopted: 11/08/2006 by ORDER. (DA No. 06-2290). EB [20]DA-06-2290A1.doc [21]DA-06-2290A1.pdf [22]DA-06-2290A1.txt PIEDMONT TELEVISION OF SPRINGFIELD LICENSE LLC, KSPR(TV), SPRINGFIELD, MO. Admonished Piedmont Television of Springfield License LLC for the admitted violation of Section 73.3526(e)(11)(iii) of the Commission's Rules described in KSPR(TV)'s renewal application. by LETTER. (DA No. 06-2296). MB [23]DA-06-2296A1.doc [24]DA-06-2296A1.pdf [25]DA-06-2296A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED NOVEMBER 9, 2006, DID NOT APPEAR IN DIGEST NO. 217: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- NUMBERING RESOURCE OPTIMIZATION-PETITION FOR DELEGATED AUTHORITY BY THE PUBLIC UTILITIES COMMISSION OF OHIO-PETITION OF THE NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE
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- [50]DOC-268765A1.pdf [51]DOC-268765A1.txt READING BROADCASTING INC. Granted the Special Temporary Authority for WTVE(TV) to Operate a Distributed Transmission System on Channel 25 in Reading, Pennsylvania. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 06-2447). MB [52]DA-06-2447A1.doc [53]DA-06-2447A1.pdf [54]DA-06-2447A1.txt TRIBUNE BROADCAST HOLDINGS, INC., WTTK(TV), KOKOMO, INDIANA. Admonished Tribune Broadcast Holdings, Inc. for the admitted violations of Sections 73.670 and 73.3526 of the Commission's Rules described in WTTK(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 06-2442). MB [55]DA-06-2442A1.doc [56]DA-06-2442A1.pdf [57]DA-06-2442A1.txt TRIBUNE BROADCAST HOLDINGS, INC., WTTV(TV), BLOOMINGTON, INDIANA. Admonished Tribune Broadcast Holdings, Inc. for the admitted violations of Sections 73.670 and 73.3526 of the Commission's Rules described in WTTV(TV)'s renewal application. Action by: Chief, Video Division,
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- [58]DA-07-224A1.txt PORTLAND TAXICAB COMPANY. Denied Portland's Petition for Reconsideration of the Bureau's Forfeiture Order which found Portland liable for a $12,000 forfeiture. Action by: Assistant Chief, Enforcement Bureau. Adopted: 01/25/2007 by MO&O. (DA No. 07-210). EB [59]DA-07-210A1.doc [60]DA-07-210A1.pdf [61]DA-07-210A1.txt BLOUNTSTOWN COMMUNICATIONS, INC. Granted in part and denied in part the Petition for Reconsideration for violation of Sections 11.35, 73.49 and 73.3526(c) of Commission rules for forfeiture of $12,480. Action by: Assistant Chief, Enforcement Bureau. Adopted: 01/25/2007 by MO&O. (DA No. 07-230). EB [62]DA-07-230A1.doc [63]DA-07-230A1.pdf [64]DA-07-230A1.txt JOSLYN GORDON, RESCUE CAR SERVICE, INC. Denied the Petition for Reconsideration of Joslyn Gordon, owner of Rescue Car Service, Inc., for operation of radio transmitting equipment on an unauthorized frequency, in violation of Section 90.403(a)(2) of
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070208.html
- IN WT DOCKET NO. 06-136. (DA No. 07-607). (Dkt No 06-136). WTB [22]DA-07-607A1.doc [23]DA-07-607A1.pdf [24]DA-07-607A1.txt Released: 02/08/2007. WIRELESS TELECOMMUNICATIONS BUREAU IMPLEMENTS RESTRICTION OF ONE REQUEST PER VANITY CALL SIGN. (DA No. 07-610). WTB [25]DA-07-610A1.doc [26]DA-07-610A1.pdf [27]DA-07-610A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- THE BOX WORLDWIDE LLC, WBXN-CA, NEW ORLEANS, LOUISIANA. Admonished The Box Worldwide LLC for the admitted violations of Section 73.3526 of the Commission's Rules described in WBXN-CA's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-584). MB [28]DA-07-584A1.doc [29]DA-07-584A1.pdf [30]DA-07-584A1.txt HOPE COLLEGE. Issued a $7,000 Notice of Apparent Liability for Forfeiture to FM Station WTHS, Holland, Michigan for failure to timely file renewal application and unauthorized operation. Granted the application for renewal. By NALF. Action
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- Translator Station K218AR, Washburn, Wisconsin for failure to timely file its license renewal application. Granted the application for renewal. by NALF. Action by: Chief, Media Bureau. Adopted: 01/31/2007 by MO&O. (DA No. 07-611). MB [24]DA-07-611A1.doc [25]DA-07-611A1.pdf [26]DA-07-611A1.txt SIMONS BROADCASTING, LP. Issued a $10,000 Notice of Apparent Liability for Forfeiture To Station KTAQ(TV), Greenville, Texas for the admitted violations of Section 73.3526 of the Commission's Rules described in KTAQ(TV)'s renewal application. Action by: Chief, Media Bureau. Adopted: 02/08/2007 by NALF. (DA No. 07-604). MB [27]DA-07-604A1.doc [28]DA-07-604A1.pdf [29]DA-07-604A1.txt RAMAR COMMUNICATIONS II, LTD. Issued a $7,000 Notice of Apparent Liability for Forfeiture to Station KTEL-TV, Carlsbad, New Mexico for the admitted violations of Section 73.3526 of the Commission's Rules described in KTEL-TV's renewal application.
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- Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 03/14/2007 by Forfeiture Order. (DA No. 07-1313). EB [28]DA-07-1313A1.doc [29]DA-07-1313A1.pdf [30]DA-07-1313A1.txt KM TELEVISION OF FLAGSTAFF, L.L.C. Cancelled the monetary forfeiture in the amount of $10,000 against KM Television of Flagstaff, L.L.C. Admonished KM TV for its willful and repeated violation of the public inspection file rule as set forth in Section 73.3526 of the Commission's Rules. Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 03/14/2007 by ORDER. (DA No. 07-1312). EB [31]DA-07-1312A1.doc [32]DA-07-1312A1.pdf [33]DA-07-1312A1.txt LANA'I HIGH AND ELEMENTARY SCHOOL. Dismissed the Petition for Reconsideration of dismissal of application for construction permit for new LPFM station in Lana`i City, HI. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 07-1328).
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070323.html
- FM Translator Station W212AB, Robbinsville, North Carolina for failure to timely file renewal application and unauthorized operation. Granted the application for renewal. by NALF. Action by: Chief, Media Bureau. Adopted: 03/21/2007 by MO&O. (DA No. 07-1379). MB [170]DA-07-1379A1.doc [171]DA-07-1379A1.pdf [172]DA-07-1379A1.txt MEDIA GENERAL COMMUNICATIONS HOLDINGS, LLC, WCBD-TV, CHARLESTON, SC. Admonished Media General Communications Holdings, LLC for the admitted violations of Sections 73.3526 and 73.670 of the Commissions Rules described in WCBD-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-1391). MB [173]DA-07-1391A1.doc [174]DA-07-1391A1.pdf [175]DA-07-1391A1.txt SECTION 272(F)(1) SUNSET OF THE BOC SEPARATE AFFILIATE AND RELATED REQUIREMENTS. Adopted a First Protective Order in this proceeding. (Dkt No. 02-112). Action by: Acting Associate Chief, Wireline Competition Bureau. Adopted: 03/22/2007 by
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- of the Commission's Rules. Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 03/28/2007 by ORDER. (DA No. 07-1473). EB [217]DA-07-1473A1.doc [218]DA-07-1473A1.pdf [219]DA-07-1473A1.txt UNA VEZ MAS LAS VEGAS LICENSE, LLC. Issued a monetary forfeiture in the amount of $6,400 to Una Vez Mas Las Vegas License, LLC, licensee of Class A Television Broadcast station KHDF-CA, for willfully and repeatedviolating Section 73.3526 of the Commission's Rules. Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 03/28/2007 by Forfeiture Order. (DA No. 07-1477). EB [220]DA-07-1477A1.doc [221]DA-07-1477A1.pdf [222]DA-07-1477A1.txt ENTRAVISION COMMUNICATIONS CORPORATION. Issued a monetary forfeiture in the amount of $10,000 to Entravision Communications Corporation for repeated violation of Section 303(q) of the Commissions Act of 1934, as amended, and Section 17.23 of the Commission's
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- WIRELESS TELECOMMUNICATIONS BUREAU ASSIGNMENT OF LICENSE AUTHORIZATION APPLICATIONS, TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, DE FACTO TRANSFER LEASE APPLICATIONS AND SPECTRUM MANAGER LEASE NOTIFICATIONS, DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS, AND DESIGNATED ENTITY ANNUAL REPORTS ACTION. WTB [54]DOC-272060A1.pdf [55]DOC-272060A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- WKEF LICENSEE L.P., WKEF(TV), DAYTON, OH. Admonished WKEF Licensee L.P. for the admitted violation of Section 73.3526 of the Commission's Rules described in WKEF(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-1597). MB [56]DA-07-1597A1.doc [57]DA-07-1597A1.pdf [58]DA-07-1597A1.txt WSMH LICENSEE, LLC, WSMH(TV), FLINT, MI. The violation of Section 73.670 of the Commission's Rules does not warrant further consideration in connection with WSMH(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070409.html
- 2). OMD. Contact: Jason Brown at (202) 418-0310 [7]DOC-272179A1.pdf [8]DOC-272179A1.txt Released: 04/09/2007. NOTICE OF DOMESTIC SECTION 214 AUTHORIZATION GRANTED. (DA No. 07-1667). (Dkt No 07-43). WCB. Contact: Tracey Wilson-Parker at (202) 418-1394 or Gail Cohen at (202) 418-0939 [9]DA-07-1667A1.doc [10]DA-07-1667A1.pdf [11]DA-07-1667A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- MEREDITH CORPORATION, KPHO-TV, PHOENIX, ARIZONA. Admonished Meredith Corporation for the admitted violation of Section 73.3526 of the Commission's Rules described in KPHO-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-1658). MB [12]DA-07-1658A1.doc [13]DA-07-1658A1.pdf [14]DA-07-1658A1.txt MEREDITH CORPORATION, KPTV(TV), PORTLAND, OREGON. The violation of Section 73.670 of the Commission's Rules does not warrant further consideration in connection with KPTV(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070416.html
- ----------------------------------------------------------------------- --- FM TABLE OF ALLOTMENTS, BROKEN BOW AND MILLERTON, OK. Amended the FM Table of Allotments for these communities. (Dkt No. 05-328 , RM-10577). Action by: Assistant Chief, Audio Division, Media Bureau. Adopted: 04/13/2007 by R&O. (DA No. 07-1715). MB [17]DA-07-1715A1.doc [18]DA-07-1715A1.pdf [19]DA-07-1715A1.txt KVUE TELEVISION, INC., KVUE(TV), AUSTIN, TX. Admonished KVUE Television, Inc. for the admitted violation of Section 73.3526 of the Commission's Rules described in KVUE(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-1727). MB [20]DA-07-1727A1.doc [21]DA-07-1727A1.pdf [22]DA-07-1727A1.txt C-28 FCC LICENSEE SUBSIDIARY, LLC, WLWC(TV), NEW BEDFORD, MA. Admonished C-28 FCC Licensee Subsidiary, LLC for the admitted violations of Section 73.670 of the Commission's Rules described in WLWC(TV)'s renewal application. Action by: Chief, Video
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- as amended. Action by: Regional Director, South Central Region, Enforcement Bureau. Adopted: 04/19/2007 by Forfeiture Order. (DA No. 07-1779). EB [23]DA-07-1779A1.doc [24]DA-07-1779A1.pdf [25]DA-07-1779A1.txt WILSON BROADCASTING, INC. Issued a monetary forfeiture in the amount of $12,000 to Wilson Broadcasting, Inc., licensee of WJJN-FM, in Columbia, AL and WAGF (AM) and WAGF-FM in Dothan, AL for willful and repeated violation of Section 73.3526 of the Commission's Rules. Action by: Regional Director, South Central Region, Enforcement Bureau. Adopted: 04/19/2007 by Forfeiture Order. (DA No. 07-1780). EB [26]DA-07-1780A1.doc [27]DA-07-1780A1.pdf [28]DA-07-1780A1.txt LINCOLN UNIVERSITY. Issued a $1,500 notice of apparent liability for forfeiture for Station WLNX(FM), Lincoln, Illinois for failure to timely file renewal application. Granted the application for renewal. by MO&O. Action by: Associate Chief, Media
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070425.html
- Radio Service ("PLMRS") station without Commission authority and failure to file a timely renewal application for the station. Action by: Chief, Spectrum Enforcement Division, Enforcement Bureau. Adopted: 04/23/2007 by Forfeiture Order. (DA No. 07-1812). EB [58]DA-07-1812A1.doc [59]DA-07-1812A1.pdf [60]DA-07-1812A1.txt MEREDITH CORPORATION. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station KFXO-LP, Bend, Oregon for the admitted violations of Section 73.3526 of the Commission's Rules described in KFXO-LP's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 04/23/2007 by NALF. (DA No. 07-1458). MB [61]DA-07-1458A1.doc [62]DA-07-1458A1.pdf [63]DA-07-1458A1.txt KSEE LICENSE, INC. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station KSEE(TV), Fresno, California for the admitted violations of Section 73.3526 of the Commission's Rules described in KSEE(TV)'s renewal application.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070430.html
- Honolulu, Hawaii for the admitted violations of Section 73.3615 of the Commission's Rules described in KALO(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 04/26/2007 by NAL. (DA No. 07-1752). MB [122]DA-07-1752A1.doc [123]DA-07-1752A1.pdf [124]DA-07-1752A1.txt ROCKY MOUNTAIN BROADCASTING COMPANY. Issued a $4,000 Notice of Apparent Liability for Forfeiture to Station KMTF(TV), Helena, Montana for the admitted violations of Section 73.3526 of the Commission's Rules described in KMTF(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 04/26/2007 by NALF. (DA No. 07-1452). MB [125]DA-07-1452A1.doc [126]DA-07-1452A1.pdf [127]DA-07-1452A1.txt FATIMA RESPONSE, INC. AND RENAISSANCE COMMUNITY IMPROVEMENT ASSOCIATION, INC. Granted the Petitions for Reconsideration. Dismissed the Applications for new noncommercial educational FM construction permits at Keno, Oregon. Dismissed Petition to Deny. Action by:
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- City, Oklahoma for the admitted violations of Section 73.670 of the Commission's Rules described in KOCB(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 05/03/2007 by NALF. (DA No. 07-1990). MB [20]DA-07-1990A1.doc [21]DA-07-1990A1.pdf [22]DA-07-1990A1.txt NEXSTAR BROADCASTING, INC. Issued a $4,000 Notice of Apparent Liability for Forfeiture to Station KQTV(TV), St. Joseph, Missouri for the admitted violations of Section 73.3526 of the Commission's Rules described in KQTV(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 05/03/2007 by NALF. (DA No. 07-1991). MB [23]DA-07-1991A1.doc [24]DA-07-1991A1.pdf [25]DA-07-1991A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272860A2.txt 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272860A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272859A2.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272859A1.pdf 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272878A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272878A1.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272879A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272879A1.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272880A1.pdf 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272880A1.txt 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1988A1.doc 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1988A1.pdf 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1988A1.txt 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1989A1.doc 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1989A1.pdf 16. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1989A1.txt
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- FALLS, MINNESOTA. The violations of Section 73.670 of the Commission's Rules do not warrant further consideration in connection with KRWF(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-2071). MB [72]DA-07-2071A1.doc [73]DA-07-2071A1.pdf [74]DA-07-2071A1.txt KTVK, INC. Issued a $6,000 Notice of Apparent Liability for Forfeiture to Station KTVK(TV), Phoenix, Arizona for the admitted violation of Section 73.3526 of the Commission's Rules described in KTVK(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 05/11/2007 by NALF. (DA No. 07-1992). MB [75]DA-07-1992A1.doc [76]DA-07-1992A1.pdf [77]DA-07-1992A1.txt NEXSTAR BROADCASTING, INC. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station WQRF-TV, Rockford, Illinois for the admitted violation of Section 73.3526 of the Commission's Rules described in WQRF-TV's renewal application.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070521.html
- 26490 Released: 05/21/2007. BROADCAST APPLICATIONS. MB [3]DOC-273107A2.txt [4]DOC-273107A1.pdf Released: 05/21/2007. NOTICE OF DOMESTIC SECTION 214 AUTHORIZATION GRANTED. (DA No. 07-2117). (Dkt No 07-63). WCB. Contact: Tracey Wilson-Parker at (202) 418-1394 or Alex Johns at (202) 418-1167 [5]DA-07-2117A1.doc [6]DA-07-2117A1.pdf [7]DA-07-2117A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- WKBW-TV LICENSE, INC. Admonished WKBW-TV License, Inc., Buffalo, New York for the admitted violation of Section 73.3526 of the Commission's Rules described in WKBW-TV's renewal application by LETTER. (DA No. 07-2123). MB [8]DA-07-2123A1.doc [9]DA-07-2123A1.pdf [10]DA-07-2123A1.txt COUNTY OF MARIN, CALIFORNIA. Denied the Request for Waiver. Dismissed the Request for Special Temporary Authority without prejudice. Dismissed the Application without prejudice. Action by: Chief, Policy Division, Public Safety & Homeland Security Bureau. Adopted: 05/18/2007 by ORDER. (DA No. 07-2107). PSHSB
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070530.html
- MB [75]DA-07-2232A1.doc [76]DA-07-2232A1.pdf [77]DA-07-2232A1.txt LIVING FAITH MINISTRIES, INC. Granted Living Faith's request to surrender its license for NTSC Channel 68 and operate digital-only operations on DTV Channel 49. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-2236). MB [78]DA-07-2236A1.doc [79]DA-07-2236A1.pdf [80]DA-07-2236A1.txt KETCHIKAN TV, LLC, KUBD(TV), KETCHIKAN, AK. Admonished Ketchikan TV, LLC for the admitted violation of Section 73.3526 of the Commission's Rules described in KUBD(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-2228). MB [81]DA-07-2228A1.doc [82]DA-07-2228A1.pdf [83]DA-07-2228A1.txt PAXSON HAWAII LICENSE, INC., KPXO(TV), KANEOHE, HI. Admonished Paxson Hawaii Licensee, Inc. for the admitted violation of Section 73.673 of the Commission's Rules described in KPXO(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070606.html
- Admonished Ocean State Television, LLC for the admitted violation of Section 73.673 of the Commission's Rules described in WPXQ(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-2329). MB [55]DA-07-2329A1.doc [56]DA-07-2329A1.pdf [57]DA-07-2329A1.txt COLINS BROADCASTING COMPANY. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station KSNB-TV, Superior, NE for the admitted violation of Section 73.3526 of the Commission's Rules described in KSNB-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 06/04/2007 by NALF. (DA No. 07-2182). MB [58]DA-07-2182A1.doc [59]DA-07-2182A1.pdf [60]DA-07-2182A1.txt KVVU BROADCASTING CORPORATION. Issued a $3,000 Notice of Apparent Liability for Forfeiture to Station KVVU-TV, Henderson, NV for the admitted violation of Section 73.3526 of the Commission's Rules described in KVVU-TV's renewal application.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070611.html
- NH. Admonished Paxson Boston-68 License, Inc. for the admitted violation of Section 73.673 of the Commission's Rules described in WPXG(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-2420). MB [16]DA-07-2420A1.doc [17]DA-07-2420A1.pdf [18]DA-07-2420A1.txt MISSION BROADCASTING, INC. Issued a $4,000 Notice of Apparent Liability to Station KJTL(TV), Wichita Falls, Texas for the admitted violation of Section 73.3526 of the Commission's Rules described in KJTL(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 06/04/2007 by NALF. (DA No. 07-2307). MB [19]DA-07-2307A1.doc [20]DA-07-2307A1.pdf [21]DA-07-2307A1.txt SAN ANTONIO (KRRT-TV) LICENSEE, INC. Issued an $8,000 Notice of Apparent Liability to Station KMYS(TV), Kerrville, Texas for the admitted violation of Section 73.670 of the Commission's Rules described in KMYS(TV)'s renewal application.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070622.html
- KMYQ(TV), Seattle, Washington for the admitted violation of Section 73.670 of the Commission's Rules described in KMYQ(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 06/14/2007 by NALF. (DA No. 07-2581). MB [34]DA-07-2581A1.doc [35]DA-07-2581A1.pdf [36]DA-07-2581A1.txt TRIBUNE TELEVISION COMPANY. Issued a $8,000 Notice of Apparent Liability for Forfeiture to Station WXIN(TV), Indianapolis, Indiana for the admitted violations of Sections 73.3526 and 73.670 of the Commission's Rules described in WXIN(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 06/14/2007 by NALF. (DA No. 07-2374). MB [37]DA-07-2374A1.doc [38]DA-07-2374A1.pdf [39]DA-07-2374A1.txt MODIFICATION OF PARTS 2 AND 15 OF THE COMMISSION'S RULES FOR UNLICENSED DEVICES AND EQUIPMENT APPROVAL. Dismissed the Petitions for Reconsideration. (Dkt No. 03-201). Action by: the Commission. Adopted: 06/19/2007 by
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070625.html
- PROCEEDINGS. OMD. Contact: Jason Brown at (202) 418-0310 [5]DOC-274508A1.pdf [6]DOC-274508A1.txt Released: 06/25/2007. NOTICE OF NON-STREAMLINED DOMESTIC 214 APPLICATION GRANTED. (DA No. 07-2793). (Dkt No 07-106). WCB. Contact: Tracey Wilson-Parker at (202) 418-1394 or Jodie May at (202) 418-0913 [7]DA-07-2793A1.doc [8]DA-07-2793A1.pdf [9]DA-07-2793A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- KONG-TV, INC., KONG-TV, EVERETT, WASHINGTON. Admonished KONG-TV, Inc. for the admitted violation of Section 73.3526 of the Commission's Rules described in KONG-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-2772). MB [10]DA-07-2772A1.doc [11]DA-07-2772A1.pdf [12]DA-07-2772A1.txt CAPSTAR TX LIMITED PARTNERSHIP. Issued a $4,000 Notice of Apparent Liability for Forfeiture for Station WSNE-FM, Taunton, Massachusetts for public file rule violations; granted the application for renewal. by NALF. Action by: Chief, Media Bureau.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070629.html
- LAWRENCE, INDIANAPOLIS AND CLINTON, INDIANA. Amended the FM Table of Allotments for the listed communities. (Dkt No. 05-67, RM-11116 , RM-11342). Action by: Assistant Chief, Audio Division, Media Bureau. Adopted: 06/27/2007 by R&O. (DA No. 07-2882). MB [72]DA-07-2882A1.doc [73]DA-07-2882A1.pdf [74]DA-07-2882A1.txt WKYC-TV, INC. Issued a $10,000 Notice of Apparent Liability to Station WKYC-TV, Cleveland, Ohio for the admitted violation of Section 73.3526 of the Commission's Rules described in WKYC-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 06/25/2007 by NALF. (DA No. 07-2696). MB [75]DA-07-2696A1.doc [76]DA-07-2696A1.pdf [77]DA-07-2696A1.txt KTLA, INC. Issued a $20,000 Notice of Apparent Liability to Station KTLA-TV, Los Angeles, California for the admitted violation of Section 73.670 of the Commission's Rules described in KTLA-TV's renewal application. Action by:
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070720.html
- Salem, Oregon for the admitted violation of Section 73.670 of the Commission's Rules described in KRCW-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 07/18/2007 by NALF. (DA No. 07-3218). MB [90]DA-07-3218A1.doc [91]DA-07-3218A1.pdf [92]DA-07-3218A1.txt MCGRAW-HILL BROADCASTING COMPANY, INC. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station KERO-TV, Bakersfield, California for the admitted violation of Section 73.3526 of the Commission's Rules described in KERO-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 07/18/2007 by NALF. (DA No. 07-3220). MB [93]DA-07-3220A1.doc [94]DA-07-3220A1.pdf [95]DA-07-3220A1.txt MR. QUINTEN R. ERICKSON RE: APPLICATIONS FOR VANITY CALL SIGN N7AZ. Denied the Petition for Reconsideration. Action by: Deputy Chief, Mobility Division, Wireless Telecommunications Bureau by LETTER. (DA No. 07-3325). WTB [96]DA-07-3325A1.doc [97]DA-07-3325A1.pdf
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070803.html
- ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- REGENT LICENSEE OF ST. CLOUD, INC. Denied the Informal Objection and granted the application for renewal of license for Station KKSR(FM), Sartell, Minnesota. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 07-3510). MB [29]DA-07-3510A1.doc [30]DA-07-3510A1.pdf [31]DA-07-3510A1.txt KETCHIKAN TV, LLC. KDMD(TV), ANCHORAGE, ALASKA. Admonished Ketchikan TV, LLC for the admitted violation of Section 73.3526 of the Commission's Rules described in KDMD(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-3508). MB [32]DA-07-3508A1.doc [33]DA-07-3508A1.pdf [34]DA-07-3508A1.txt PAXSON ALBANY LICENSE, INC. WYPX(TV), AMSTERDAM, NEW YORK. Admonished Paxson Albany License, Inc. for the admitted violation of Section 73.673 of the Commission's Rules described in WYPX(TV)'s renewal application. Action by: Chief, Video Division, Media
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070827.html
- Report No: 26558 Released: 08/27/2007. BROADCAST APPLICATIONS. MB [6]DOC-276206A2.txt [7]DOC-276206A1.pdf Released: 08/27/2007. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILING IN PERMIT-BUT-DISCLOSURE PROCEEDINGS. OMD. Contact: Jason Brown at (202) 418-0310 [8]DOC-276222A1.pdf [9]DOC-276222A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- UTAH COMMUNICATIONS, LLC. Issued a $20,000 Notice of Apparent Liability for Forfeiture to Station KPNZ(TV), Ogden, Utah for the admitted violation of Section 73.3526 of the Commission's Rules described in KPNZ(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 08/24/2007 by NALF. (DA No. 07-3737). MB [10]DA-07-3737A1.doc [11]DA-07-3737A1.pdf [12]DA-07-3737A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED AUGUST 24, 2007, DID NOT APPEAR IN DIGEST NO. 164: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- RIVER CITY WIRELESS OF TENNESSEE, LLC. Notified River City Wireless of Tennessee, LLC
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070914.html
- Released: 09/14/2007. ANTENNA STRUCTURE REGISTRATION SERVICE INFORMATION. WTB [34]DOC-276627A1.pdf [35]DOC-276627A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- JACOR BROADCASTING OF COLORADO, INC. Granted the license renewal application for station KOA(AM), Denver, Colorado. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 07-3931). MB [36]DA-07-3931A1.doc [37]DA-07-3931A1.pdf [38]DA-07-3931A1.txt MEREDITH CORPORATION, WFSB(TV), HARTFORD, CONNECTICUT. Admonished Meredith Corporation for the admitted violation of Section 73.3526 of the Commission's Rules described in WFSB(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-3900). MB [39]DA-07-3900A1.doc [40]DA-07-3900A1.pdf [41]DA-07-3900A1.txt KTVU PARTNERSHIP. Issued a $3,000 Notice of Apparent Liability for Forfeiture to Station KFOX-TV, El Paso, Texas for the admitted violations of Sections 73.670 and 73.3526 of the Commission's Rules described in KFOX-TV's renewal application.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071005.html
- TX. Dismissed the Application for Review filed by Clear Channel Broadcasting Licenses, Inc. and Capstar TX Limited Partnership. Action by: Assistant Chief, Audio Division, Media Bureau. Adopted: 10/03/2007 by MO&O. (DA No. 07-4131). MB [108]DA-07-4131A1.doc [109]DA-07-4131A1.pdf [110]DA-07-4131A1.txt WSJV TELEVISION, INC. Issued a $4,000 Notice of Apparent Liability for Forfeiture to Station WSJV(TV), Elkhart, Indiana for the admitted violation of Section 73.3526 of the Commission's Rules described in WSJV(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 09/30/2007 by NALF. (DA No. 07-4109). MB [111]DA-07-4109A1.doc [112]DA-07-4109A1.pdf [113]DA-07-4109A1.txt NEXSTAR BROADCASTING, INC. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station WFFT-TV, Fort Wayne, Indiana for the admitted violation of Section 73.3526 of the Commission's Rules described in WFFT-TV's renewal
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071015.html
- DELAWARE. Admonished Paxson Philadelphia License, Inc. for the admitted violation of Section 73.673 of the Commission's Rules described in WPPX(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-4272). MB [16]DA-07-4272A1.doc [17]DA-07-4272A1.pdf [18]DA-07-4272A1.txt MEREDITH CORPORATION. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station WSMV-TV, Nashville, Tennessee for the admitted violation of Section 73.3526 of the Commission's Rules described in WSMV-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 10/05/2007 by NALF. (DA No. 07-4120). MB [19]DA-07-4120A1.doc [20]DA-07-4120A1.pdf [21]DA-07-4120A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED OCTOBER 12, 2007, DID NOT APPEAR IN DIGEST NO. 197: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- INTERGOVERNMENTAL ADVISORY COMMITTEE MEMBERS NAMED. News Release. News Media Contact: Rosemary Kimball
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071026.html
- Honolulu, Hawaii for failure to timely file its license renewal application. Granted the application for renewal. by NALF. Action by: Chief, Audio Division, Media Bureau. Adopted: 10/25/2007 by MO&O. (DA No. 07-4385). MB [37]DA-07-4385A1.doc [38]DA-07-4385A1.pdf [39]DA-07-4385A1.txt SOUTHWEST MEDIA, LLC. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station KCSG(TV), Cedar City, Utah for the admitted violation of Section 73.3526 of the Commission's Rules described in KCSG(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 10/24/2007 by NALF. (DA No. 07-4183). MB [40]DA-07-4183A1.doc [41]DA-07-4183A1.pdf [42]DA-07-4183A1.txt FREEDOM BROADCASTING OF TEXAS LICENSEE, L.L.C. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station KFDM-TV, Beaumont, Texas for the admitted violation of Section 73.3526 of the Commission's Rules described in
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071102.html
- KPDX(TV), Vancouver, Washington for the admitted violation of Section 73.670 of the Commission's Rules described in KPDX(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 10/31/2007 by NALF. (DA No. 07-4365). MB [43]DA-07-4365A1.doc [44]DA-07-4365A1.pdf [45]DA-07-4365A1.txt LIMA COMMUNICATIONS CORPORATION. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station WLIO(TV), Lima, Ohio for the admitted violation of Section 73.3526 of the Commission's Rules described in WLIO(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 10/31/2007 by NALF. (DA No. 07-4364). MB [46]DA-07-4364A1.doc [47]DA-07-4364A1.pdf [48]DA-07-4364A1.txt WASHINGTON COUNTY CHAMBER OF COMMERCE. Issued a $250 Notice of Apparent Liability for Forfeiture for Low Power FM Station WBLQ-LP, Ashaway, Rhode Island for failure to timely file renewal application. Granted the application
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071109.html
- 07-194). IB [28]FCC-07-194A1.doc [29]FCC-07-194A1.pdf [30]FCC-07-194A1.txt WKRN, G.P., WKRN-TV, NASHVILLE, TN. The violations of Section 73.670 of the Commission's Rules do not warrant further consideration in connection with WKRN-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-4546). MB [31]DA-07-4546A1.doc [32]DA-07-4546A1.pdf [33]DA-07-4546A1.txt WFAA-TV, L.P., WFAA-TV, DALLAS, TX. Admonished WFAA-TV, L.P. for the admitted violations of Sections 73.3526 and 73.670 of the Commission's Rules described in WFAA-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-4543). MB [34]DA-07-4543A1.doc [35]DA-07-4543A1.pdf [36]DA-07-4543A1.txt NEW YORK TELEVISION, INC., WNYO-TV, BUFFALO, NY. Admonished New York Television, Inc. for the admitted violations of Section 73.670 of the Commission's Rules described in WNYO-TV's renewal application. Action by: Chief, Video Division,
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071116.html
- POST-TRANSITION NOTIFICATIONS FILED IN WT DOCKET NO. 06-136. (DA No. 07-4659). (Dkt No 06-136). WTB [25]DA-07-4659A1.doc [26]DA-07-4659A1.pdf [27]DA-07-4659A1.txt Released: 11/16/2007. WIRELESS TELECOMMUNICATIONS BUREAU PROVIDES INSTRUCTIONS FOR ELECTRONIC FILING OF CELLULAR COVERAGE CERTIFICATIONS. (DA No. 07-4665). WTB [28]DA-07-4665A1.doc [29]DA-07-4665A1.pdf [30]DA-07-4665A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- WRGT LICENSEE, LLC, WRGT-TV, DAYTON, OHIO. Admonished WRGT Licensee, LLC for the admitted violation of Section 73.3526 of the Commission's Rules described in WRGT-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-4657). MB [31]DA-07-4657A1.doc [32]DA-07-4657A1.pdf [33]DA-07-4657A1.txt NBC TELEMUNDO LICENSE CO., WSNS-TV, CHICAGO, ILLINOIS. Admonished NBC Telemundo License Co. for the admitted violation of Section 73.3526 of the Commission's Rules described in WSNS-TV's renewal application. Action by: Chief, Video Division, Media Bureau
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071123.html
- OKLAHOMA. Determined the violations of Section 73.670 of the Commission's Rules do not warrant further consideration in connection with KSWO-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-4690). MB [45]DA-07-4690A1.doc [46]DA-07-4690A1.pdf [47]DA-07-4690A1.txt NBC TELEMUNDO LICENSE CO. Issued a $10,000 Notice of Apparent Liability to Station WMAQ-TV, Chicago, Illinois for the admitted violation of Section 73.3526 of the Commission's Rules described in WMAQ-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 11/20/2007 by NALF. (DA No. 07-4671). MB [48]DA-07-4671A1.doc [49]DA-07-4671A1.pdf [50]DA-07-4671A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED NOVEMBER 21, 2007, DID NOT APPEAR IN DIGEST NO. 224: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 11/21/2007. NOTICE OF REMOVAL OF DOMESTIC SECTION 214 APPLICATIONS FROM STREAMLINED
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071128.html
- TELEVISION STATIONS, INC., KMSP-TV, MINNEAPOLIS, MN. The violation of Section 73.670 of the Commission's Rules does not warrant further consideration in connection with KMSP-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-4737). MB [153]DA-07-4737A1.doc [154]DA-07-4737A1.pdf [155]DA-07-4737A1.txt CHANNEL 49 ACQUISITION CORPORATION, KTEN(TV), ADA, OK. Admonished Channel 49 Acquisition Corporation for the admitted violation of Section 73.3526 of the Commission's Rules described in KTEN(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-4736). MB [156]DA-07-4736A1.doc [157]DA-07-4736A1.pdf [158]DA-07-4736A1.txt ALIYAT COMMUNICATIONS. Issued a $500 Notice of Apparent Liability for Forfeiture for Low Power FM Station KCER-LP, Cisco, Texas for failure to timely file renewal application and unauthorized operation. Granted the application for renewal. by
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071206.html
- Contact: Erin McGrath at (202) 418-2042 [11]DA-07-4902A1.doc [12]DA-07-4902A1.pdf [13]DA-07-4902A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- BRD SECURITY PRODUCTS, INC. D/B/A SPYBASE.COM. Admonished for marketing unauthorized radio frequency devices. Action by: Chief, Spectrum Enforcement Division, Enforcement Bureau by LETTER. (DA No. 07-4874). EB [14]DA-07-4874A1.doc [15]DA-07-4874A1.pdf [16]DA-07-4874A1.txt KZJL LICENSE CORP., KZJL(TV), HOUSTON, TEXAS. Admonished KZJL License Corp. for the admitted violation of Section 73.3526 of the Commission's Rules described in KZJL(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-4901). MB [17]DA-07-4901A1.doc [18]DA-07-4901A1.pdf [19]DA-07-4901A1.txt SAGAMOREHILL BROADCASTING OF TEXAS, LLC, KGNS-TV, LAREDO, TEXAS. Admonished SagamoreHill Broadcasting of Texas, LLC for the admitted violation of Section 73.3526 of the Commission's Rules described in KGNS-TV's renewal application. Action by: Chief, Video Division,
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071211.html
- KZZL-FM, PULLMAN, WASHINGTON AND WRAO-FM, KMAX AND KCLX, COLFAX WASHINGTON. Affirmed grant of applications for consent to assign stations from Palouse Country, Inc. to Inland Northwest Broadcasting, LLC. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 07-4942). MB [40]DA-07-4942A1.doc [41]DA-07-4942A1.pdf [42]DA-07-4942A1.txt JOURNAL BROADCAST CORPORATION, KIVI(TV), NAMPA, IDAHO. Admonished Journal Broadcast Corporation for the admitted violation of Section 73.3526 of the Commission's Rules described in KIVI(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-4939). MB [43]DA-07-4939A1.doc [44]DA-07-4939A1.pdf [45]DA-07-4939A1.txt GRAY TELEVISION LICENSEE, INC., KXII(TV), SHERMAN, TEXAS. Admonished Gray Television Licensee, Inc. for the admitted violation of Section 73.3526 of the Commission's Rules described in KXII(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071218.html
- WEWS-TV, CLEVELAND, OHIO. The violations of Section 73.670 of the Commission's Rules do not warrant further consideration in connection with WEWS-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 07-5024). MB [17]DA-07-5024A1.doc [18]DA-07-5024A1.pdf [19]DA-07-5024A1.txt WLEX COMMUNICATIONS, L.L.C. Issued a $10,000 Notice of Apparent Liability to Station WLEX-TV, Lexington, Kentucky for the admitted violation of Section 73.3526 of the Commission's Rules described in WLEX-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 12/14/2007 by NAL. (DA No. 07-4989). MB [20]DA-07-4989A1.doc [21]DA-07-4989A1.pdf [22]DA-07-4989A1.txt YOUNG BROADCASTING OF LANSING, INC. Issued a $4,000 Notice of Apparent Liability to Station WLNS-TV, Lansing, Michigan for the admitted violation of Section 73.3526 of the Commission's Rules described in WLNS-TV's renewal application.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080104.html
- CO. The violation of Section 73.670 of the Commission's Rules does not warrant further consideration in connection with KCNC-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 01/02/2008 by NALF. (DA No. 08-33). MB [37]DA-08-33A1.doc [38]DA-08-33A1.pdf [39]DA-08-33A1.txt KXLF COMMUNICATIONS, INC. Issued a $10,000 Notice of Apparent Liability to Station KXLF-TV, Butte, Montana for the admitted violation of Section 73.3526 of the Commission's Rules described in KXLF-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 01/02/2008 by NALF. (DA No. 08-11). MB [40]DA-08-11A1.doc [41]DA-08-11A1.pdf [42]DA-08-11A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED JANUARY 3, 2008, DID NOT APPEAR IN DIGEST NO. 2: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 01/03/2008. PLEADING CYCLE ESTABLISHED FOR HAWAIIAN TELCOM, INC. PETITION FOR PHASE
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080122.html
- ST. PAUL, MINNESOTA. The violations of Section 73.670 of the Commission's Rules do not warrant further consideration in connection with KSTP-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-134). MB [34]DA-08-134A1.doc [35]DA-08-134A1.pdf [36]DA-08-134A1.txt KCTZ COMMUNICATIONS, INC. Issued a $10,000 Notice of Apparent Liability to Station KBZK(TV), Bozeman, Montana for the admitted violation of Section 73.3526 of the Commission's Rules described in KBZK(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 01/15/2008 by NAL. (DA No. 08-52). MB [37]DA-08-52A1.doc [38]DA-08-52A1.pdf [39]DA-08-52A1.txt KVOA COMMUNICATIONS, INC. Issued a $4,000 Notice of Apparent Liability to Station KRIS-TV, Corpus Christi, Texas for the admitted violation of Section 73.3526 of the Commission's Rules described in KRIS-TV's renewal application. Action
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080124.html
- MARYLAND. Admonished Nexstar Broadcasting, Inc. for the admitted violation of Section 73.673 of the Commission's Rules described in WHAG-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-153). MB [77]DA-08-153A1.doc [78]DA-08-153A1.pdf [79]DA-08-153A1.txt NBC TELEMUNDO LICENSE CO. Issued a $13,500 Notice of Apparent Liability to Station WNJU(TV), Linden, New Jersey for the admitted violation of Section 73.3526 of the Commission's Rules described in WNJU(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 01/23/2008 by NAL. (DA No. 08-148). MB [80]DA-08-148A1.doc [81]DA-08-148A1.pdf [82]DA-08-148A1.txt GRIFFIN ENTITIES, LLC. Issued a $10,000 Notice of Apparent Liability to Station KWTV(TV), Oklahoma City, Oklahoma for the admitted violation of Section 73.3526 of the Commission's Rules described in KWTV(TV)'s renewal application. Action
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080220.html
- applications for review concerning construction period for WDMV(AM), Walkersville, Maryland. Action by: the Commission. Adopted: 02/19/2008 by MO&O. (FCC No. 08-53). MB [52]FCC-08-53A1.doc [53]FCC-08-53A1.pdf [54]FCC-08-53A1.txt MORRIS NETWORK OF MISSISSIPPI, INC. Issued Notice of Apparent Liability for Forfeiture in the amount of $10,000 to Morris Network of Mississippi, Inc., licensee of station WXXV-TV, Gulfport, Mississippi, for the admitted violation of Section 73.3526 of the Commission's Rules. Action by: Chief, Video Division, Media Bureau. Adopted: 02/19/2008 by NALF. (DA No. 08-392). MB [55]DA-08-392A1.doc [56]DA-08-392A1.pdf [57]DA-08-392A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED FEBRUARY 19, 2008, DID NOT APPEAR IN DIGEST NO. 33: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- INTERNATIONAL BUREAU RELEASES 2006 YEAR-END CIRCUIT STATUS REPORT FOR U.S. FACILITIES-BASED INTERNATIONAL
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080222.html
- Communications Act of 1934, as amended. Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 02/20/2008 by Forfeiture Order. (DA No. 08-403). EB [34]DA-08-403A1.doc [35]DA-08-403A1.pdf [36]DA-08-403A1.txt LAZER LICENSES, LLC. Issued a forfeiture of $8,000 to Lazer Licenses, LLC, licensee of stations KSBQ(AM), Santa Maria, CA, KLMM-FM, Morro Bay, CA & KLUN-FM, Paso Robles, CA, for willfully and repeatedly violating Section 73.3526 of the Commission's Rules. Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 02/20/2008 by Forfeiture Order. (DA No. 08-216). EB [37]DA-08-216A1.doc [38]DA-08-216A1.pdf [39]DA-08-216A1.txt SEND TECHNOLOGIES REQUESTS FOR REVIEW OF DECISIONS OF THE UNIVERSAL SERVICE ADMINISTRATIVE COMPANY. Granted in part and denied in part two Requests for Review filed by SEND Technologies, L.L.C./Nexus Systems, Inc. seeking review of decisions by
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080227.html
- [58]DA-08-463A1.pdf [59]DA-08-463A1.txt WPXI, INC., WJAC-TV, JOHNSTOWN, PENNSYLVANIA. The violation of Section 73.670 of the Commission's Rules does not warrant further consideration in connection with WJAC-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-468). MB [60]DA-08-468A1.doc [61]DA-08-468A1.pdf [62]DA-08-468A1.txt WUHF LICENSEE, LLC, WUHF(TV), ROCHESTER, NEW YORK. Admonished WUHF Licensee, LLC for the admitted violation of Section 73.3526 of the Commission's Rules described in WUHF(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-467). MB [63]DA-08-467A1.doc [64]DA-08-467A1.pdf [65]DA-08-467A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280492A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280491A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280485A1.doc 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280485A1.pdf 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280485A1.txt 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280488A1.pdf 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280488A1.txt 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280463A1.pdf 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280463A1.txt 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280452A2.txt 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280452A1.pdf 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280451A2.txt 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280451A1.pdf 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280481A1.pdf 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280481A1.txt 16. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280482A1.pdf 17. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280482A1.txt
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080304.html
- K36DU, Lake Havasu City, Arizona for the admitted violation of Section 73.3539 of the Commission's Rules described in K36DU's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 03/03/2008 by NAL. (DA No. 08-489). MB [20]DA-08-489A1.doc [21]DA-08-489A1.pdf [22]DA-08-489A1.txt BEARTOOTH COMMUNICATIONS COMPANY. Issued a $10,000 Notice of Apparent Liability to Station KBBJ(TV), Havre, Montana for the admitted violation of Section 73.3526 of the Commission's Rules described in KBBJ(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 03/03/2008 by NAL. (DA No. 08-486). MB [23]DA-08-486A1.doc [24]DA-08-486A1.pdf [25]DA-08-486A1.txt ENTERCOM COMMUNICATIONS CORPORATION. Granted applications for renewal of license filed by certain subsidiaries of Entercom Communications Corporation in the Portland, Oregon; Seattle, WA; Boston, MA; Buffalo, NY; Rochester, NY; and Wilkes-Barre/Scranton, PA markets.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080313.html
- HOMELAND SECURITY BUREAU INVITES COMMENTS ON REGION 5 (SOUTHERN CALIFORNIA) 700 MHZ REGIONAL PLAN AMENDMENT. (DA No. 08-560). (Dkt No 02-378, 06-229). Comments Due: 04/02/2008. Reply Comments Due: 04/14/2008. PSHSB. Contact: Jeannie Benfaida at (202) 418-2313, email: Jeannie.Benfaida@fcc.gov [26]DA-08-560A1.doc [27]DA-08-560A1.pdf [28]DA-08-560A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- WNAC, LLC, WNAC-TV, PROVIDENCE, RI. Admonished WNAC, LLC for the admitted violation of Section 73.3526 of the Commission's Rules described in WNAC-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-553). MB [29]DA-08-553A1.doc [30]DA-08-553A1.pdf [31]DA-08-553A1.txt BEARTOOTH COMMUNICATIONS COMPANY. Notified Beartooth Communications Company of its Apparent Liability for Forfeiture in the amount of $10,000 to Station KBAO(TV), Lewistown, Montana for failure to publicize the existence and location of its Children's Television
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080328.html
- Chicago, Illinois for the admitted violation of Section 73.670 of the Commission's Rules described in WCIU-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 03/26/2008 by NALF. (DA No. 08-584). MB [82]DA-08-584A1.doc [83]DA-08-584A1.pdf [84]DA-08-584A1.txt YOUNG BROADCASTING OF RAPID CITY, INC., KCLO-TV, RAPID CITY, SOUTH DAKOTA. Admonished Young Broadcasting of Rapid City, Inc. for the admitted violation of Section 73.3526 of the Commission's Rules described in KCLO-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-745). MB [85]DA-08-745A1.doc [86]DA-08-745A1.pdf [87]DA-08-745A1.txt NASHVILLE LICENSE HOLDINGS, L.L.C. Issued a $14,000 Notice of Apparent Liability for Forfeiture to Station WNAB(TV), Nashville, Tennessee for the admitted violation of Section 73.3526 of the Commission's Rules described in WNAB(TV)'s renewal application. Action
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080408.html
- (202) 418-1394 or Matt Warner at (202) 418-2419 [5]DA-08-829A1.doc [6]DA-08-829A1.pdf [7]DA-08-829A1.txt ----------------------------------------------------------------------- --- SPEECHES ----------------------------------------------------------------------- --- REMARKS BY FCC CHAIRMAN KEVIN J. MARTIN AT ACA'S 15TH ANNUAL SUMMIT. OCH [8]DOC-281383A1.doc [9]DOC-281383A1.pdf [10]DOC-281383A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- CBS BROADCASTING INC. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station KYW-TV, Philadelphia, Pennsylvania for the admitted violation of Section 73.3526 of the Commission's Rules described in KYW-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 04/07/2008 by NALF. (DA No. 08-783). MB [11]DA-08-783A1.doc [12]DA-08-783A1.pdf [13]DA-08-783A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED APRIL 7, 2008, DID NOT APPEAR IN DIGEST NO. 67: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: 2860 Released: 04/07/2008. PETITION FOR
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080416.html
- Nashville, Tennessee for the admitted violation of Section 73.670 of the Commission's Rules described in WUXP-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 04/11/2008 by NALF. (DA No. 08-836). MB [50]DA-08-836A1.doc [51]DA-08-836A1.pdf [52]DA-08-836A1.txt MEDIA GENERAL COMMUNICATIONS, INC. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station WTVQ-TV, Lexington, Kentucky for the admitted violations of Sections 73.3526 and 73.670 of the Commission's Rules described in WTVQ-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 04/11/2008 by NALF. (DA No. 08-838). MB [53]DA-08-838A1.doc [54]DA-08-838A1.pdf [55]DA-08-838A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED APRIL 15, 2008, DID NOT APPEAR IN DIGEST NO. 73: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 04/15/2008. PLEADING CYCLE ESTABLISHED
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080430.html
- for Reconsideration of the Forfeiture Order. Assessed a $7,000 forfeiture to Richard Mann d/b/a The Antique Radio Collector for marketing uncertified AM radio transmitters in the United States. Action by: Chief, Enforcement Bureau. Adopted: 04/28/2008 by MO&O. (DA No. 08-968). EB [156]DA-08-968A1.doc [157]DA-08-968A1.pdf [158]DA-08-968A1.txt NEXSTAR BROADCASTING, INC., WFXV(TV), UTICA, NY. Admonished Nexstar Broadcasting, Inc. for the admitted violation of Section 73.3526 of the Commission's Rules described in WFXV(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-1018). MB [159]DA-08-1018A1.doc [160]DA-08-1018A1.pdf [161]DA-08-1018A1.txt LEASED COMMERCIAL ACCESS, 2008 ANNUAL REPORT. Extended the the annual filing date for leased access Annual Reports for 2008. Extended the deadline for filing voluntary comments concerning the Annual Reports for 2008. (Dkt No. 07-42).
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080506.html
- Action by: Deputy Chief, Policy Division, Media Bureau. Adopted: 05/05/2008 by MO&O. (DA No. 08-1072). MB [19]DA-08-1072A1.doc [20]DA-08-1072A1.pdf [21]DA-08-1072A1.txt GULF-CALIFORNIA BROADCAST COMPANY. Denied waiver request. Denied the Petition. Action by: Deputy Chief, Policy Division, Media Bureau. Adopted: 05/05/2008 by MO&O. (DA No. 08-1071). MB [22]DA-08-1071A1.doc [23]DA-08-1071A1.pdf [24]DA-08-1071A1.txt MISSION BROADCASTING, INC. Admonished Mission Broadcasting, Inc. for the admitted violation of Section 73.3526 of the Commission's Rules described in WUTR(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-1063). MB [25]DA-08-1063A1.doc [26]DA-08-1063A1.pdf [27]DA-08-1063A1.txt SAGE BROADCASTING CORPORATION. Admonished Sage Broadcasting Corporation for the admitted violation of Section 73.3526 of the Commission's Rules described in KIDY(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-1064).
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080521.html
- North Carolina for the admitted violation of Section 73.670 of the Commission's Rules described in WLFL(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 05/20/2008 by NALF. (DA No. 08-1103). MB [60]DA-08-1103A1.doc [61]DA-08-1103A1.pdf [62]DA-08-1103A1.txt WATE, G.P. Issued an $8,000 Notice of Apparent Liability for Forfeiture to Station WATE-TV, Knoxville, Tennessee for the admitted violations of Sections 73.670 and 73.3526 of the Commission's Rules described in WATE-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 05/20/2008 by NALF. (DA No. 08-1105). MB [63]DA-08-1105A1.doc [64]DA-08-1105A1.pdf [65]DA-08-1105A1.txt SAGE BROADCASTING CORPORATION. Issued a $20,000 Notice of Apparent Liability for Forfeiture to Station KIDZ-LP, Abilene, Texas for the admitted violations of Sections 73.3526 and 73.670 of the Commission's Rules described in KIDZ-LP's
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080527.html
- marketing unauthorized radio frequency devices in the United States in violation of Section 302(b) of the Communications Act and Sections 2.803 and 15.205(a) of the Commission's Rules. Action by: Chief, Spectrum Enforcement Division, Enforcement Bureau by LETTER. (DA No. 08-1202). EB [16]DA-08-1202A1.doc [17]DA-08-1202A1.pdf [18]DA-08-1202A1.txt SAGE BROADCASTING CORPORATION, KXVA(TV), ABILENE, TEXAS. Admonished Sage Broadcasting Corporation for the admitted violation of Section 73.3526 of the Commission's Rules described in KXVA(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-1206). MB [19]DA-08-1206A1.doc [20]DA-08-1206A1.pdf [21]DA-08-1206A1.txt SAGE BROADCASTING CORPORATION, KIDU-LP, BROWNWOOD, TEXAS. Issued a $20,000 Notice of Apparent Liability to Station for the admitted violations of Sections 73.3526 and 73.670 of the Commission's Rules described in KIDU-LP's renewal application. Action by:
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080604.html
- BROADCAST CORPORATION, KTNV(TV), LAS VEGAS, NV. The violations of Section 73.670 of the Commission's Rules do not warrant further consideration in connection with KTNV(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-1293). MB [65]DA-08-1293A1.doc [66]DA-08-1293A1.pdf [67]DA-08-1293A1.txt ROBERTS BROADCASTING COMPANY, WRBU(TV), EAST ST. LOUIS, IL. Admonished Roberts Broadcasting Company for the admitted violation of Section 73.3526 of the Commission's Rules described in WRBU(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-1294). MB [68]DA-08-1294A1.doc [69]DA-08-1294A1.pdf [70]DA-08-1294A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282681A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282681A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282681A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282682A1.doc 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282682A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282682A1.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1320A1.doc 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1320A1.pdf 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1320A1.txt 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282663A1.pdf 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282662A1.pdf 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282591A2.txt 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282591A1.pdf 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282590A2.txt 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282590A1.pdf 16. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282631A1.pdf 17. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282631A1.txt
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080611.html
- PENNSYLVANIA. The violations of Section 73.670 of the Commission's Rules do not warrant further consideration in connection with WPVI-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-1367). MB [68]DA-08-1367A1.doc [69]DA-08-1367A1.pdf [70]DA-08-1367A1.txt NBC TELEMUNDO LICENSE CO. Notified NBC Telemundo of its Apparent Liability for Forfeiture in the amount of $3,000 for admitted violation of Section 73.3526 of the Commission's rules described in the renewal application of KNBC(TV), Los Angeles, California. Action by: Chief, Video Division, Media Bureau. Adopted: 06/09/2008 by NALF. (DA No. 08-1326). MB [71]DA-08-1326A1.doc [72]DA-08-1326A1.pdf [73]DA-08-1326A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED JUNE 10, 2008, DID NOT APPEAR IN DIGEST NO. 112: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- FCC ANNOUNCES
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080618.html
- Hutchinson, Kansas for the admitted violation of Section 73.670 of the Commission's Rules described in KMTW(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 06/16/2008 by NALF. (DA No. 08-1399). MB [58]DA-08-1399A1.doc [59]DA-08-1399A1.pdf [60]DA-08-1399A1.txt HEARST-ARGYLE PROPERTIES, INC. Issued a $8,000 Notice of Apparent Liability to Station WMUR-TV, Manchester, New Hampshire for the admitted violations of Sections 73.670 and 73.3526 of the Commission's Rules described in WMUR-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 06/16/2008 by NALF. (DA No. 08-1400). MB [61]DA-08-1400A1.doc [62]DA-08-1400A1.pdf [63]DA-08-1400A1.txt JOHN DUNBAR, THE ASSOCIATED PRESS ON REQUEST FOR INSPECTION OF RECORDS, FOIA CONTROL NO. 2007-461. Denied the Application for Review. Action by: the Commission. Adopted: 06/16/2008 by MO&O. (FCC No. 08-156). OGC [64]FCC-08-156A1.doc
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080625.html
- OF WASHINGTON TOWNSHIP. Issued a $7,200 forfeiture to Station WJEL(FM), Indianapolis, Indiana. Action by: Chief, Audio Division, Media Bureau. Adopted: 06/24/2008 by Forfeiture Order. (DA No. 08-1478). MB [55]DA-08-1478A1.doc [56]DA-08-1478A1.pdf [57]DA-08-1478A1.txt SPARTAN-TV, LLC. Issued a Notice of Apparent Liability for Forfeiture in the amount of $10,000 to Spartan, licensee of Station WHTV(TV), Jackson, MI for the admitted violation of Section 73.3526 of the Commission's Rules described in WHTV(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 06/23/2008 by NALF. (DA No. 08-1445). MB [58]DA-08-1445A1.doc [59]DA-08-1445A1.pdf [60]DA-08-1445A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED JUNE 24, 2008, DID NOT APPEAR IN DIGEST NO. 122: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 06/24/2008. SPRINT NEXTEL CORPORATION AND CLEARWIRE
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080701.html
- delivering unsolicited advertisements to the telephone facsimile machines of consumers. Action by: Chief, Enforcement Bureau. Adopted: 06/30/2008 by NALF. (DA No. 08-1565). EB [46]DA-08-1565A1.doc [47]DA-08-1565A1.pdf [48]DA-08-1565A1.txt D-MITCH BROADCASTING, INC. Issued a monetary forfeiture in the amount of $12,000 to D-Mitch Broadcasting, Inc., 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. Action by: Regional Director, South Central Region, Enforcement Bureau. Adopted: 06/27/2008 by Forfeiture Order. (DA No. 08-1528). EB [49]DA-08-1528A1.doc [50]DA-08-1528A1.pdf [51]DA-08-1528A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED JUNE 30, 2008, DID NOT APPEAR IN DIGEST NO. 126: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 06/30/2008. PUBLIC SAFETY AND HOMELAND SECURITY BUREAU EXTENDS
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080721.html
- DTV TABLE OF ALLOTMENTS, 47 C.F.R. SECTION 73.622(I), HENDERSONVILLE, TENNESSEE. Proposed substituting DTV Channel 51 for DTV Channel 33 for Station WPGD-DT. (Dkt No. RM-11460, 08-128). Action by: Chief, Video Division, Media Bureau. Adopted: 07/18/2008 by NPRM. (DA No. 08-1698). MB [24]DA-08-1698A1.doc [25]DA-08-1698A1.pdf [26]DA-08-1698A1.txt PANHANDLE TELECASTING LP, KFDA-TV, AMARILLO, TEXAS. Admonished Panhandle Telecasting LP for the admitted violation of Section 73.3526 of the Commission's Rules described in KFDA-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-1700). MB [27]DA-08-1700A1.doc [28]DA-08-1700A1.pdf [29]DA-08-1700A1.txt CBS STATIONS GROUP OF TEXAS L.P. Issued a $10,000 Notice of Apparent Liability for Forfeiture to Station KTVT(TV), Fort Worth, Texas for the admitted violation of Section 73.3526 of the Commission's Rules described in KTVT(TV)'s
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- DTV Channel *23 for DTV Channel *11 for Station of WJSP-DT. (Dkt No. RM-11475, 08-149). Action by: Chief, Video Division, Media Bureau. Adopted: 07/17/2008 by NPRM. (DA No. 08-1703). MB [18]DA-08-1703A1.doc [19]DA-08-1703A1.pdf [20]DA-08-1703A1.txt HILL BROADCASTING COMPANY, INC. Issued a $6,000 Notice of Apparent Liability for Forfeiture to Station KTVG(TV), Grand Island, Nebraska for the admitted violations of Sections 73.3615 and 73.3526 of the Commission's Rules described in KTVG(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 07/16/2008 by NALF. (DA No. 08-1663). MB [21]DA-08-1663A1.doc [22]DA-08-1663A1.pdf [23]DA-08-1663A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED JULY 21, 2008, DID NOT APPEAR IN DIGEST NO. 140: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- FCC ANNOUNCES PUBLIC EN BANC HEARING IN
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- Chief, Policy Division, Media Bureau. Adopted: 07/30/2008 by MO&O. (DA No. 08-1818). MB [111]DA-08-1818A1.doc [112]DA-08-1818A1.pdf [113]DA-08-1818A1.txt TIME WARNER CABLE INC. Granted the Petitions. Action by: Senior Deputy Chief, Policy Division, Media Bureau. Adopted: 07/30/2008 by MO&O. (DA No. 08-1817). MB [114]DA-08-1817A1.doc [115]DA-08-1817A1.pdf [116]DA-08-1817A1.txt PANHANDLE TELECASTING LP, K26CD, CLOVIS, NEW MEXICO. Admonished Panhandle Telecasting LP for the admitted violation of Section 73.3526 of the Commission's Rules described in K26CD's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-1823). MB [117]DA-08-1823A1.doc [118]DA-08-1823A1.pdf [119]DA-08-1823A1.txt PANHANDLE TELECASTING LP, K24DP, SAN JON, NEW MEXICO. Admonished Panhandle Telecasting LP for the admitted violation of Section 73.3526 of the Commission's Rules described in K24DP's renewal application. Action by: Chief, Video Division, Media Bureau
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- Lewis at (202) 418-0310 [8]DOC-284387A1.pdf [9]DOC-284387A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- ENTERCOM GREENVILLE LICENSE, LLC. Issued a $3,000 Forfeiture to Station WYRD(AM), Greenville, South Carolina. Action by: Chief, Audio Division, Media Bureau. Adopted: 08/06/2008 by Forfeiture Order. (DA No. 08-1859). MB [10]DA-08-1859A1.doc [11]DA-08-1859A1.pdf [12]DA-08-1859A1.txt PANHANDLE TELECASTING LP, K41CA, KRESS/TULIA, TEXAS. Admonished Panhandle Telecasting LP for the admitted violation of Section 73.3526 of the Commission's Rules described in K41CA's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-1861). MB [13]DA-08-1861A1.doc [14]DA-08-1861A1.pdf [15]DA-08-1861A1.txt CMCG PORTLAND LICENSE LLC, WPFO(TV), WATERVILLE, MAINE. Admonished CMCG Portland License LLC for the admitted violations of Sections 73.3526 and 73.670 of the Commission's Rules described in WPFO(TV)'s renewal application. Action by: Chief, Video Division,
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- Enforcement Bureau. Adopted: 09/03/2008 by ORDER. (DA No. 08-1967). EB [29]DA-08-1967A1.doc [30]DA-08-1967A1.pdf [31]DA-08-1967A1.txt BARRINGTON AMARILLO LICENSE, LLC. Dismissed the petition for Rulemaking filed by Barrington Amarillo License, LLC. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-2047). MB [32]DA-08-2047A1.doc [33]DA-08-2047A1.pdf [34]DA-08-2047A1.txt KETCHIKAN TV, LLC. KTNL-TV, SITKA, ALASKA. Admonished Ketchikan TV, LLC for the admitted violation of Section 73.3526 of the Commission's Rules described in KTNL-TV's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-2049). MB [35]DA-08-2049A1.doc [36]DA-08-2049A1.pdf [37]DA-08-2049A1.txt KHQ, INCORPORATED. Issued a $4,000 Notice of Apparent Liability to Station KNDO(TV), Yakima, Washington for the admitted violation of Section 73.3526 of the Commission's Rules described in KNDO(TV)'s renewal application. Action by: Chief, Video Division,
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- conversation without prior notice to the call recipient. Action by: Chief, Investigations and Hearings Division, Enforcement Bureau. Adopted: 10/17/2008 by NALF. (DA No. 08-2297). EB [29]DA-08-2297A1.doc [30]DA-08-2297A1.pdf [31]DA-08-2297A1.txt RAMA COMMUNICATIONS, INC. Issued a monetary forfeiture in the amount of $16,000 to Rama Communications, Inc., 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. Action by: Regional Director, South Central Region, Enforcement Bureau. Adopted: 10/15/2008 by Forfeiture Order. (DA No. 08-2296). EB [32]DA-08-2296A1.doc [33]DA-08-2296A1.pdf [34]DA-08-2296A1.txt 2000 BIENNIAL REGULATORY REVIEW - STREAMLINING AND OTHER REVISIONS OF PART 25 OF THE COMMISSION'S RULES GOVERNING THE LICENSING OF, AND SPECTRUM USAGE BY, SATELLITE NETWORK EARTH STATIONS AND SPACE STATIONS. Streamlined the Commission's non-routine
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd081106.html
- violations of Section 73.670 of the Commission's Rules described in KSTW(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 10/28/2008 by NALF. (DA No. 08-2342). MB [18]DA-08-2342A1.doc [19]DA-08-2342A1.pdf [20]DA-08-2342A1.txt SAN FRANCISCO TELEVISION STATION KBCW INC. Issued a $8,000 Notice of Apparent Liability for Forfeiture to Station KBCW(TV), San Francisco, California for the admitted violations of Sections 73.670 and 73.3526 of the Commission's Rules described in KBCW(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 10/28/2008 by NALF. (DA No. 08-2341). MB [21]DA-08-2341A1.doc [22]DA-08-2341A1.pdf [23]DA-08-2341A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED NOVEMBER 5, 2008, DID NOT APPEAR IN DIGEST NO. 217: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- STATEMENT OF COMMISSIONER TATE ON EARLY TERMINATION
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd081219.html
- its Apparent Liability for Forfeiture in the amount of $4,500 for delivering at least one unsolicited advertisement to the telephone facsimile machine of at least one consumer. Action by: Chief, Enforcement Bureau. Adopted: 12/18/2008 by NALF. (DA No. 08-2732). EB [29]DA-08-2732A1.doc [30]DA-08-2732A1.pdf [31]DA-08-2732A1.txt KVOA COMMUNICATIONS, INC., K47DF, CORPUS CHRISTI, TEXAS. Admonished KVOA Communications, Inc. for the admitted violation of Section 73.3526 of the Commission's Rules described in K47DF's renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-2737). MB [32]DA-08-2737A1.doc [33]DA-08-2737A1.pdf [34]DA-08-2737A1.txt KNVL-TV, INC. Issued a $4,000 Notice of Apparent Liability for Forfeiture to Station KJEP-CA, Nashville, Arkansas for the admitted violation of Section 73.673 of the Commission's Rules described in KJEP-CA's renewal application. Action by: Chief,
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd081223.html
- CENTER, NEBRASKA. Changed station KWNB-DT's DTV channel from 18 to 6. Proceeding Terminated. (Dkt No. RM-11489, 08-193). Action by: Chief, Video Division, Media Bureau. Adopted: 12/22/2008 by R&O. (DA No. 08-2777). MB [105]DA-08-2777A1.doc [106]DA-08-2777A1.pdf [107]DA-08-2777A1.txt LOUIS MARTINEZ FAMILY GROUP, LLC. Issued a $12,000 Notice of Apparent Liability for Forfeiture to Station KQUX-CA, Austin, Texas for the admitted violations of Section 73.3526 of the Commission's Rules described in KQUX-CA's renewal application. (Dkt No. 08-193). Action by: Chief, Video Division, Media Bureau. Adopted: 12/22/2008 by NALF. (DA No. 08-2694). MB [108]DA-08-2694A1.doc [109]DA-08-2694A1.pdf [110]DA-08-2694A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED DECEMBER 22, 2008, DID NOT APPEAR IN DIGEST NO. 248: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- AT&T, INC. Adopted a $6,000
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd081224.html
- delivering unsolicited advertisements to the facsimile machines of consumers. Action by: the Commission. Adopted: 12/23/2008 by NALF. (FCC No. 08-280). EB [82]FCC-08-280A1.doc [83]FCC-08-280A1.pdf [84]FCC-08-280A1.txt RAMA COMMUNICATIONS, INC. Denied the petition for reconsideration filed by Rama Communications, Inc., of the Forfeiture Order issued Oct. 17, 2008. The Forfeiture Order imposed $16,000 for Rama's willful and repeated violations of Section 11.35(a) and 73.3526 of the Rules. Action by: Deputy Chief, Enforcement Bureau. Adopted: 12/22/2008 by MO&O. (DA No. 08-2770). EB [85]DA-08-2770A1.doc [86]DA-08-2770A1.pdf [87]DA-08-2770A1.txt 2006 QUADRENNIAL REGULATORY REVIEW, ET AL. Granted (by Media Bureau on its own motion) an extension of time to file amendments to pending newspaper/broadcast cross-ownership waivers. Extended deadline to February 9, 2009 (MB Dkt No. 06-121). (Dkt No. 99-360, 00-244
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- DE FACTO TRANSFER LEASE APPLICATIONS AND SPECTRUM MANAGER LEASE NOTIFICATIONS, DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS, AND DESIGNATED ENTITY ANNUAL REPORTS ACTION. WTB [53]DOC-287851A1.pdf [54]DOC-287851A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- HENSLEY BROADCASTING, INC. Issued a monetary forfeiture in the amount of $4,000 to Hensley Broadcasting, Inc., licensee of AM radio station WWII, Shiremanstown, Pennsylvania, for willfully and repeatedly violating Section 73.3526(e)(12) of the Commission's Rules. Action by: Regional Director, Northeast Region, Enforcement Bureau. Adopted: 01/12/2009 by Forfeiture Order. (DA No. 09-24). EB [55]DA-09-24A1.doc [56]DA-09-24A1.pdf [57]DA-09-24A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED JANUARY 13, 2009, DID NOT APPEAR IN DIGEST NO. 8: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 01/13/2009. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG. WCB. Contact: (202)
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090513.html
- of the Ground Test Report under the terms of the Protective Order after ViaSat has executed the Acknowledgment of Confidentiality. Action by: Acting Chief, International Bureau. Adopted: 05/13/2009 by ORDER. (DA No. 09-1062). IB [72]DA-09-1062A1.doc [73]DA-09-1062A1.pdf [74]DA-09-1062A1.txt VALLEY AIR, LLC. Cancelled a Notice of Apparent Liability for Forfeiture for Station KCSY(FM) (formerly KVLR(FM)), Twisp, Washington;. Admonished licensee for violating Section 73.3526 of the Rules. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 09-1058). MB [75]DA-09-1058A1.doc [76]DA-09-1058A1.pdf [77]DA-09-1058A1.txt COLLEGE OF THE HOLY CROSS. Issued a $8,000 forfeiture to Station WCHC(FM), Worcester, Massachusetts. Action by: Chief, Audio Division, Media Bureau. Adopted: 05/12/2009 by Forfeiture Order. (DA No. 09-1059). MB [78]DA-09-1059A1.doc [79]DA-09-1059A1.pdf [80]DA-09-1059A1.txt NEVADA COGENERATION ASSOCIATES, STATION WPMR751, LAS VEGAS, NEVADA.
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- Granted the complaint regarding the unauthorized change of subscriber's telecommunications carrier. Action by: Deputy Chief, Consumer Policy Division, Consumer & Governmental Affairs Bureau. Adopted: 08/26/2009 by ORDER. (DA No. 09-1923). CGB [31]DA-09-1923A1.doc [32]DA-09-1923A1.pdf [33]DA-09-1923A1.txt REAL LIFE BROADCASTING. Issued a monetary forfeiture in the amount of $18,400 to Real Life Broadcasting for willfully and repeatedly violating Sections 73.1745(a), 11.35, 73.49, and 73.3526(e)(12) of the Commission's Rules. Action by: Regional Director, Northeast Region, Enforcement Bureau. Adopted: 09/01/2009 by Forfeiture Order. (DA No. 09-1991). EB [34]DA-09-1991A1.doc [35]DA-09-1991A1.pdf [36]DA-09-1991A1.txt SPARTA-TOMAH BROADCASTING CO., INC. Issued a monetary forfeiture in the amount of $8,800 to Sparta-Tomah Broadcasting Co. Inc., for willfully and repeatedly violating Sections 73.1745 and 73.1125 of the Commission's Rules. Action by: Regional Director, Northeast
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- Idaho; K269DU, Sandpoint, Idaho; and K220BX, Coeur D' Alene, Idaho. Action by: Chief, Audio Division, Media Burea. Adopted: 02/16/2010 by Forfeiture Order. (DA No. 10-261). MB [60]DA-10-261A1.doc [61]DA-10-261A1.pdf [62]DA-10-261A1.txt GRIFFIN OKC LICENSING, L.L.C. Assessed a monetary forfeiture in the amount of $8,000 against Griffin OKC Licensing, L.L.C., licensee of station KWTV(TV), Oklahoma City, Oklahoma, for willfully and repeatedly violating Section 73.3526(e)(11)(iii) of the Commission's rules. Action by: Chief, Video Division, Media Bureau. Adopted: 02/16/2010 by Forfeiture Order. (DA No. 10-258). MB [63]DA-10-258A1.doc [64]DA-10-258A1.pdf [65]DA-10-258A1.txt NORTHWEST TELEVISION, INC. Denied the petition for reconsideration of Quad Cities Television Acquisition Licensing, LLC of a letter granting the application of Northwest Television, Inc. for a new digital television station on Channel 53 at Galesburg, Illinois.
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- 04-228 01-317 06-121 99-360 02-277 00-244 ). Action by: Chief, Media Bureau. Adopted: 03/31/2010 by ORDER. (DA No. 10-463). MB [116]DA-10-463A1.doc [117]DA-10-463A1.pdf [118]DA-10-463A1.txt BLUE MOUNTAIN BROADCASTING ASSOCIATION, LICENSEE OF STATIONS K21JQ-D, WALLA WALLA, WASHINGTON; K31KL-D, WALLA WALLA, WASHINGTON; AND K36EW, COLLEGE PLACE, WASHINGTON. Issued a forfeiture in the amount of $12,000 for willful and repeated violation of Sections 73.673 and 73.3526(e)(11)(iii) of the Commission's Rules. Action by: Chief, Video Division, Media Bureau. Adopted: 03/26/2010 by Forfeiture Order. (DA No. 10-498). MB [119]DA-10-498A1.doc [120]DA-10-498A1.pdf [121]DA-10-498A1.txt IMPROVING PUBLIC SAFETY COMMUNICATIONS IN THE 800 MHZ BAND SUPPLEMENTAL REQUESTS FOR WAIVER OF JUNE 26, 2008 REBANDING DEADLINE. Granted in part, or held in abeyance requests for waiver of the June 26, 2008, deadline submitted by
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100421.html
- to Class D FM Station WCWT-FM, Centerville, Ohio. Action by: Chief, Audio Division, Media Bureau. Adopted: 04/20/2010 by Forfeiture Order. (DA No. 10-674). MB [74]DA-10-674A1.doc [75]DA-10-674A1.pdf [76]DA-10-674A1.txt AGAPE CHURCH, INC., LICENSEE OF STATIONS KVTJ(TV), JONESBORO, ARKANSAS; KVTN(TV) PINE BLUFF, ARKANSAS, AND KVTH(TV), HOT SPRINGS, ARKANSAS. Issued a forfeiture in the amount of $30,000 for willful and repeated violation of Section 73.3526(e)(11)(iii) of the Commission's Rules. Action by: Chief, Video Division, Media Bureau. Adopted: 04/20/2010 by Forfeiture Order. (DA No. 10-655). MB [77]DA-10-655A1.doc [78]DA-10-655A1.pdf [79]DA-10-655A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED APRIL 20, 2010, DID NOT APPEAR IN DIGEST NO. 76: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- STATEMENT OF COMMISSIONER MIGNON L. CLYBURN ON THE WIRELESS TELECOMMUNICATIONS BUREAU'S
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100504.html
- NALF. (DA No. 10-740). MB [14]DA-10-740A1.doc [15]DA-10-740A1.pdf [16]DA-10-740A1.txt PROVIDENCE TV LICENSEE CORP. Granted the request for waiver. Action by: Senior Deputy Chief, Policy Division, Media Bureau. Adopted: 05/03/2010 by MO&O. (DA No. 10-769). MB [17]DA-10-769A1.doc [18]DA-10-769A1.pdf [19]DA-10-769A1.txt SAGE BROADCASTING CORPORATION. Cancelled Notices of Apparent Liability for Forfeiture for Stations KIDU-LP, KIDT-LP, KIDZ-LP, and KIDV-LP. Admonished licensee for violations of Sections 73.3526(e)(11)(iii) and 73.670 of the Commission's Rules. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 10-723). MB [20]DA-10-723A1.doc [21]DA-10-723A1.pdf [22]DA-10-723A1.txt STATION KHNY(AM), BIG HORN, WYOMING. Dismissed as untimely a Petition for Reconsideration of the denial of an application to change the city of license of Station KHNY(AM) from Big Horn, Wyoming, to Huntley, Montana. Action by: Chief, Audio
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- by LETTER. (DA No. 10-921). MB [121]DA-10-921A1.doc [122]DA-10-921A1.pdf [123]DA-10-921A1.txt MCC IOWA LLC. Granted the Petition. Action by: Senior Deputy Chief, Policy Division, Media Bureau. Adopted: 05/20/2010 by MO&O. (DA No. 10-917). MB [124]DA-10-917A1.doc [125]DA-10-917A1.pdf [126]DA-10-917A1.txt WOODS COMMUNICATIONS CORPORATION. Issued an $11,200 monetary forfeiture to Woods Communications Corporation, licensee of Station KWBZ-TV, Wolfforth, Texas for willful and repeated violation of Section 73.3526(e)(11)(ii)-(iii) of the Commission's Rules. Action by: Chief, Video Divison, Media Bureau. Adopted: 05/19/2010 by Forfeiture Order. (DA No. 10-734). MB [127]DA-10-734A1.doc [128]DA-10-734A1.pdf [129]DA-10-734A1.txt ROCKY MOUNTAIN BROADCASTING COMPANY. Issued a $3,200 monetary forfeiture to Rocky Mountain Broadcasting Company, licensee of Station KMTF(TV), Helena, Montana, for willful and repeated violation of Section 73.3526(e)(11)(ii) and 73.673 of the Commission's Rules. Action by: Chief,
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd101025.html
- [9]DA-10-1978A1.pdf [10]DA-10-1978A1.txt AMERICAN PAGE NETWORK. Adopted a Consent Decree in this proceeding. Action by: Assistant Division Chief, Telecommunications Consumers Division, Enforcement Bureau. Adopted: 10/25/2010 by Order/Consent Decree. (DA No. 10-1984). EB [11]DA-10-1984A1.doc [12]DA-10-1984A1.pdf [13]DA-10-1984A1.txt MULTICULTURAL RADIO BROADCASTING LICENSEE, LLC. Notified Multicultural Radio Broadcasting Licensee, LLC of its apparent liability for a forfeiture of $10,000 for willfully and repeatedly violating section 73.3526 of the Commission's Rules. Action by: District Director, New York Office, Northeast Region, Enforcement Bureau. Adopted: 10/22/2010 by NALF. (DA No. 10-2033). EB [14]DA-10-2033A1.doc [15]DA-10-2033A1.pdf [16]DA-10-2033A1.txt MAGELLAN HILL TECHNOLOGIES, LLC. Adopted a Consent Decree in this proceeding. Action by: Assistant Division Chief, Telecommunications Consumers Division, Enforcement Bureau. Adopted: 10/25/2010 by Order/Consent Decree. (DA No. 10-1983). EB [17]DA-10-1983A1.doc [18]DA-10-1983A1.pdf [19]DA-10-1983A1.txt ENGINEERS
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- LLC. (DA No. 10-2099). (Dkt No 10-216 ). Comments Due: 11/15/2010. Reply Comments Due: 11/22/2010. WCB . Contact: Tracey Wilson at (202) 418-1394 or Jodie May at (202) 418-0913 [17]DA-10-2099A1.doc [18]DA-10-2099A1.pdf [19]DA-10-2099A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- BEACON BROADCASTING, INC. Notified Beacon Broadcasting, Inc. of its apparent liability for a forfeiture of $18,000 for apparently willfully and repeatedly violating Sections 73.3526(e)(12), 73.1745(a), and 1.903(a) of the Commission's Rules. Action by: District Director, Philadelphia Field Office, Northeast Region, Enforcement Bureau. Adopted: 10/29/2010 by NAL. (DA No. 10-2097). EB [20]DA-10-2097A1.doc [21]DA-10-2097A1.pdf [22]DA-10-2097A1.txt GO SOLO TECHNOLOGIES. Adopted a Consent Decree in this proceeding. Action by: Assistant Division Chief, Telecommunications Consumers Division, Enforcement Bureau. Adopted: 11/01/2010 by Order/Consent Decree. (DA No. 10-1925). EB [23]DA-10-1925A1.doc [24]DA-10-1925A1.pdf
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- APPLICATIONS, TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, AND DE FACTO TRANSFER LEASE APPLICATIONS, AND DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS ACCEPTED FOR FILING. PSHSB [55]DOC-302592A1.pdf [56]DOC-302592A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- RAMA COMMUNICATIONS, INC. Notified Rama Communications, Inc, licensee of station WRHB(AM) in Leesburg, FL of its proposed forfeiture in the amount of $25,000 for violations of sections 73.1125(a) and 73.3526 of the Rules. Action by: District Director, Tampa Office, South Central Region, Enforcement Bureau. Adopted: 11/01/2010 by NAL. (DA No. 10-2094). EB [57]DA-10-2094A1.doc [58]DA-10-2094A1.pdf [59]DA-10-2094A1.txt TIME WARNER CABLE INC., PETITION FOR DETERMINATION OF EFFECTIVE COMPETITION IN FIVE COMMUNITIES IN NEW YORK. Granted the petition for a determination of effective competition filed in the captioned proceeding by Time Warner Cable Inc.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd101105.html
- INC. Adopted a Consent Decree in this proceeding. Action by: Assistant Division Chief, Telecommunications Consumers Division, Enforcement Bureau. Adopted: 11/04/2010 by Order/Consent Decree. (DA No. 10-2022). EB [18]DA-10-2022A1.doc [19]DA-10-2022A1.pdf [20]DA-10-2022A1.txt MAPLETON LICENSE OF SAN LUIS OBISPO, LLC. Notified Mapleton License of San Luis Obispo, LLC of its apparent liability for forfeiture of $10,000 for apparently willfully and repeatedly violated Section 73.3526 of the Commission Rules. Action by: District Director, Los Angeles District Office, Western Region, Enforcement Bureau. Adopted: 11/03/2010 by NALF. (DA No. 10-2120). EB [21]DA-10-2120A1.doc [22]DA-10-2120A1.pdf [23]DA-10-2120A1.txt RESERVE TELEPHONE COMPANY, INC./D/B/A RESERVE TELEPHONE COMPANY, INC. Adopted a Consent Decree in this proceeding. Action by: Assistant Division Chief, Telecommunications Consumers Division, Enforcement Bureau. Adopted: 11/04/2010 by Order/Consent Decree. (DA No. 10-2137).
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2011/dd110518.html
- FACTO TRANSFER LEASE APPLICATIONS AND SPECTRUM MANAGER LEASE NOTIFICATIONS, DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS, AND DESIGNATED ENTITY ANNUAL REPORTS ACTION. WTB [56]DOC-306675A1.pdf [57]DOC-306675A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- LAZER LICENSES, LLC. Notified Lazer Licenses, LLC of an Apparent Liability for Forfeiture in the amount of $8,000 for failure to maintain a complete public inspection file in violation of Section 73.3526 of the Commission's Rules. Action by: District Director, San Diego District Office, Western Region, Enforcement Bureau. Adopted: 05/16/2011 by NALF. (DA No. 11-886). EB [58]DA-11-886A1.doc [59]DA-11-886A1.pdf [60]DA-11-886A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED MAY 17, 2011, DID NOT APPEAR IN DIGEST NO. 95: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- RENATA HESSE NAMED SENIOR COUNSEL TO THE
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2011/dd111125.html
- 11-1943). (Dkt No 02-6 ). WCB . Contact: Cara Voth at (202) 418-7400, TTY: (202) 418-0484 [15]DA-11-1943A1.doc [16]DA-11-1943A1.pdf [17]DA-11-1943A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- KHNL/KGMB LICENSE SUBSIDIARY, LLC, AND HITV LICENSE SUBSIDIARY, INC. Granted in part the complaint filed by Media Council Hawai'i, and found HITV License Subsidiary, Inc., apparently liable for a forfeiture of $10,000 for violation of Section 73.3526 of the Commission's rules. By MO&O. Action by: Chief, Media Bureau. Adopted: 11/22/2011 by NAL. (DA No. 11-1938). MB [18]DA-11-1938A1.doc [19]DA-11-1938A1.pdf [20]DA-11-1938A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED NOVEMBER 23, 2011, DID NOT APPEAR IN DIGEST NO. 226: ----------------------------------------------------------------------- --- SUNSHINE NOTICE ----------------------------------------------------------------------- --- FCC TO HOLD OPEN COMMISSION MEETING WEDNESDAY, NOVEMBER 30, 2011 [21]DOC-311181A1.doc [22]DOC-311181A1.pdf
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120307.html
- ASSIGNMENT OF LICENSE AUTHORIZATION APPLICATIONS, TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, AND DE FACTO TRANSFER LEASE APPLICATIONS, AND DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS ACCEPTED FOR FILING. PSHSB [66]DOC-312815A1.pdf [67]DOC-312815A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- BELO TV, INC. Notified Belo TV, Inc. of its Apparent Liability for Forfeiture in the amount of $13,000 for willful and repeated violations of Section 73.3526(e)(11)(iii) of the Commission's Rules. Action by: Chief, Video Division, Media Bureau. Adopted: 03/02/2012 by NALF. (DA No. 12-348). MB [68]DA-12-348A1.doc [69]DA-12-348A1.pdf [70]DA-12-348A1.txt WOIL-LP, TALLEDEGA, AL. Notified WOIL-LP of its Apparent Liability for Forfeiture in the amount of $13,000 for willful and repeated violations of Section 73.3526(e)(11)(iii) of the Commission's Rules. Action by: Chief, Video Division, Media Bureau. Adopted: 02/28/2012 by
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120312.html
- 418-1450 [5]DA-12-380A1.doc [6]DA-12-380A1.pdf [7]DA-12-380A1.txt Released: 03/12/2012. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILING IN PERMIT-BUT-DISCLOSURE PROCEEDINGS RECEIVED ON 3/5/2012. OMD . Contact: Jason Lewis at (202) 418-0300 [8]DOC-312898A1.pdf [9]DOC-312898A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- OMNI BROADCASTING COMPANY. Notified Omni Broadcasting Co. of its Apparent Liability for Forfeiture in the amount of $3,000 for willful and repeated violations of Section 73.3526(e)(11)(iii) of the Commission's Rules. Action by: Chief, Video Division, Media Bureau. Adopted: 03/09/2012 by NALF. (DA No. 12-382). MB [10]DA-12-382A1.doc [11]DA-12-382A1.pdf [12]DA-12-382A1.txt L4 MEDIA GROUP, LLC. Issued an Order to Show Cause why Class A authorizations for thirteen stations should not be modified to low power television. Action by: Chief, Video Division, Media Bureau. Adopted: 03/09/2012 by Order to Show
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120329.html
- Released: 03/29/2012. WIRELINE COMPETITION BUREAU SHORT TERM NETWORK CHANGE NOTIFICATION FILED BY CENTURYLINK (QWEST). WCB . Contact: Carmell Weathers at (202) 418-2325, email: Carmell.Weathers@fcc.gov, TTY: (202) 418-0484 [5]DOC-313292A1.doc [6]DOC-313292A1.pdf [7]DOC-313292A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- INDIANA WESLEYAN UNIVERSITY. Notified Indiana Wesleyan University of its Apparent Liability for Forfeiture in the amount of $13,000 for willful and repeated violations of Section 73.3526(e)(11)(iii) of the Commission's Rules. Action by: Chief, Video Division, Media Bureau. Adopted: 03/26/2012 by NALF. (DA No. 12-485). MB [8]DA-12-485A1.doc [9]DA-12-485A1.pdf [10]DA-12-485A1.txt WHDO-CA, ORLANDO, FL. Issued an Order to Show Cause why Class A authorization should not be modified to low power television. Action by: Chief, Video Division, Media Bureau. Adopted: 03/26/2012 by Order to Show Cause. (DA No. 12-483).
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120403.html
- to maintain radio issues/programs lists in Station WGRP's public inspection file, et al. Action by: Regional Director, Northeast Region, Enforcement Bureau. Adopted: 04/03/2012 by Forfeiture Order. (DA No. 12-527). EB [15]DA-12-527A1.doc [16]DA-12-527A1.pdf [17]DA-12-527A1.txt SOUTHERN MEDIA ASSOCIATES, INC. Notified Southern Media Associates, Inc. of its Apparent Liability for Forfeiture in the amount of $13,000 for willful and repeated violations of Section 73.3526(e)(11)(iii) of the Commission's Rules. Action by: Chief, Video Division, Media Bureau. Adopted: 04/02/2012 by NALF. (DA No. 12-528). MB [18]DA-12-528A1.doc [19]DA-12-528A1.pdf [20]DA-12-528A1.txt KVTF-CA, BROWNSVILLE, TX. Issued an Order to Show Cause why Class A authorization should not be modified to low power television. Action by: Chief, Video Division, Media Bureau. Adopted: 04/02/2012 by Order to Show Cause. (DA No. 12-530).
- http://www.fcc.gov/DiversityFAC/041210/career_advancement.pdf
- The total number of interviewees for each vacancy and the referral source for each interviewee; and (vi) The date each vacancy was filled and the recruitment source that referred the hiree. (7) Annually, on the anniversary of the date a station is due to file its renewal application, the station shall place in its public file, maintained pursuant to 73.3526 or 73.3527, and on its web site, if it has one, an EEO public file report containing the following information (although if any broadcast licensee acquires a station pursuant to FCC Form 314 or FCC Form 315 during the twelve months covered by the EEO public Deleted: Deleted: 5 Deleted: and Deleted: ( Deleted: 6 file report, its EEO
- http://www.fcc.gov/DiversityFAC/adopted-recommendations/EEOrule.doc
- The total number of interviewees for each vacancy and the referral source for each interviewee; and (vi) The date each vacancy was filled and the recruitment source that referred the hiree. (76) Annually, on the anniversary of the date a station is due to file its renewal application, the station shall place in its public file, maintained pursuant to 73.3526 or 73.3527, and on its web site, if it has one, an EEO public file report containing the following information (although if any broadcast licensee acquires a station pursuant to FCC Form 314 or FCC Form 315 during the twelve months covered by the EEO public file report, its EEO public file report shall cover the period starting with
- http://www.fcc.gov/Forms/Form301/301.pdf
- is described in Paragraph (f) of 47 C.F.R. Section 73.3580; Worksheet #1 attached to these instructions provides additional guidance. Proof of publication need not be filed with this application. F. A copy of the completed application and all related documents shall be made available for inspection by the public in the station's public inspection file pursuant to 47 C.F.R. Section 73.3526 for commercial stations and 47 C.F.R. Section 73.3527 for noncommercial educational stations. G. Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b). H. In
- http://www.fcc.gov/Forms/Form302-CA/302ca.pdf
- (4) Channel number. (5) Community of license. (6) File number of application being amended (if known). (7) Date of filing of application being amended (if file number is not known). E.A copy of the completed application and all related documents shall be made available for inspection by the public in the applicant's public inspection file pursuant to 47 C.F.R. Section 73.3526 for commercial stations. F.Applicants should provide all information requested by this application. No section may be omitted. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. G.In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation
- http://www.fcc.gov/Forms/Form302-DTV/302dtv.pdf
- number. (5) Community of license. (6) File number of application being amended (if known). 2 (7) Date of filing of application being amended (if file number is not known). E. A copy of the completed application and all related documents shall be made available for inspection by the public in the applicant's public inspection file pursuant to 47 C.F.R. Section 73.3526 for commercial stations and 47 C.F.R. Section 73.3527 for noncommercial educational stations. F. Applicants should provide all information requested by this application. No section may be omitted. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. G. In
- http://www.fcc.gov/Forms/Form302-FM/302fmjune02.pdf
- specify "NEW" station. (3)Channel number. (4)Community of license. (5)File number of application being amended (if known). (6)Date of filing of application being amended (if file number is not known). E. A copy of the completed application and all related documents shall be made available for inspection by the public in the station's public inspection file pursuant to 47 C.F.R. Section 73.3526 for commercial stations and Section 73.3527 for noncommercial educational stations. 3 F. Applicants should provide all information requested by this application. No section may be omitted. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. G.In accordance with
- http://www.fcc.gov/Forms/Form303-S/303s.pdf
- be maintained generally include applications for a construction permit and for license renewal, assignment or transfer of control; ownership and employment reports; and quarterly lists of the community issues most significantly addressed by the station's programming during the preceding three months. A complete listing of the required documents and their mandatory retention periods is set forth in 47 C.F.R. 73.3526 and 73.3527. Applicants that have not so maintained their file should provide an exhibit identifying the items that are missing/late filed, and identifying steps taken to reconstruct missing information, and to prevent such problems in the future. Item 4: Adherence to Minimum Operating Schedule. This question requires the applicant to certify that the station has not been silent (or operating
- http://www.fcc.gov/Forms/Form314/314.pdf
- is described in Paragraph (g) of 47 C.F.R. Section 73.3580. Worksheet #1 attached to these instructions provides additional guidance. Proof of publication need not be filed with this application. F. A copy of the completed application and all related documents shall be made available for inspection by the public in the station's public inspection file pursuant to 47 C.F.R. Section 73.3526 for commercial stations and Section 73.3527 for noncommercial educational stations. G. Applicants should provide all information called for by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are subject to dismissal. See 47 C.F.R. Section 73.3564(b). H. In accordance with
- http://www.fcc.gov/Forms/Form315/315.pdf
- and telephone/ electronic mail address may be specified in Section I , Item 2 (for Licensee/Permittee), Section II, Item 3 (for Transferor), and Section IV, Item 3 (for Transferee). G. A copy of the completed application and all related documents shall be made available for inspection by the public in the station's public inspection file pursuant to 47 C.F.R. Section 73.3526 for commercial stations and Section 73.3527 for noncommercial educational stations. H . Applicants should provide all information called for by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b) I. In
- http://www.fcc.gov/Forms/Form316/316.pdf
- in Part 0 and Part 73 of the Commission's rules. Amendments to previously filed applications should be prepared, signed, and filed in the same manner as the original application. G. A copy of the completed application and all related documents shall be made available for inspection by the public in the Licensee/Permittee's public inspection file pursuant to 47 C.F.R. Section 73.3526 for commercial stations and Section 73.3527 for noncommercial educational stations. H. Applicants should provide all information called for by this application. If any portion of the application is not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b) I. In accordance
- http://www.fcc.gov/Forms/Form337/337.pdf
- information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. E. A copy of the completed application and all related exhibits shall be made available for inspection by the public in the applicant's public inspection file pursuant to 47 C.F.R. Sections 73.3526 or 73.3527, unless the applicant requests confidentiality consistent with 47 C.F.R. Section 0.459. F. The applicant must sign the application. Depending on the nature of the applicant, the application should be signed as follows: if a sole proprietorship, personally; if a partnership, by a general partner; if a corporation, by an officer; for an unincorporated association, by a member who
- http://www.fcc.gov/Forms/Form345/345.pdf
- and Part 73 of the Commission's rules. Amendments to previously filed applications must be prepared, signed and filed in the same manner as the original application. G. Public Inspection File. A copy of the completed application and all related documents shall be made available for inspection by the public in the Licensee/Permittee's public inspection file pursuant to 47 C.F.R. Section 73.3526 for commercial stations and Section 73.3527 for noncommercial educational stations. H. Defective Applications. Applicants should provide all information called for by this application. Responses indicating "on file" are not acceptable. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to
- http://www.fcc.gov/Forms/Form398/398.pdf
- 303a, 303b, 394, and the Commission's regulations implementing that statute. See Report and Order in MM Docket No. 93-48, 11 FCC Rcd 10660 (1996); Report and Order and FNPRM in MM Docket No. 00-167, 19 FCC Rcd (2004). Applicable Rules and Regulations. Before this form is prepared, the licensee should review the relevant portions of Sections 73.671, 73.673, and 73.3526(e)(11)(iii) in Title 47 of the Code of Federal Regulations (C.F.R.). Copies of Title 47 may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. You may telephone the GPO Customer Service Desk at (202) 512-1800 for current prices. Licensees should make every effort to file complete forms in compliance with the rules. Replies to questions on
- http://www.fcc.gov/Speeches/Kennard/Statements/2001/CETVReport97-99.doc
- See Appendix, Chart 3. See Appendix, Chart 4. Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. 303a, 303b, 394. 47 U.S.C. 303b. 47 U.S.C. 303a &b. See also S. Rep. No. 227, 101st Cong., 1st Sess 5-9 (1989) (Senate Report). See Senate Report at 1. 47 C.F.R. 73.673, 73.3526(e)(11)(iii). 47 C.F.R. 73.671. 47 C.F.R. 73.671 Note 2. See 47 U.S.C. 303b(b) (providing that, in addition to considering educational and informational programming aired on the licensee's station, the Commission may consider "any special nonbroadcast efforts" by the licensee to enhance the value of such programming and "any special efforts" by the licensee to sponsor programming on another
- http://www.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.doc http://www.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.pdf
- license renewal applications containing entertainment programming proposals falling below a certain percentage benchmark could not receive routine staff processing, but would instead be referred to the full Commission for review. Revision of Programming and Commercialization Policies, Ascertainment Requirements, and Program Requirements for Commercial Television Stations, Report and Order, 98 FCC 2d 1076, 1077 (1984) (``TV Deregulation Order''). 47 C.F.R. 73.3526(a)(8)-(9), 73.3527(a)(7). 47 U.S.C. 312(a)(7), 315; 47 C.F.R. 73.1941 (equal opportunities); 47 C.F.R. 73.1942 (candidate rates), 47 C.F.R. 73.1944 (reasonable access). Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. 303a, 303b, 394; 47 C.F.R. 73.670 (advertising), 47 C.F.R. 73.671 (educational and informational programming). 18 U.S.C. 1464;
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237602A1.html
- St. Charles, Missouri ) NAL/Acct.No. X3256- 001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 31, 2000 By the Enforcement Bureau, Kansas City Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Bronco Broadcasting, Co., Inc. (``Bronco''), licensee of station KIRL (AM), St. Charles, Missouri, has apparently violated sections 11.35(a), 73.61(a), 73.62(b)(3) and 73.3526(e)(12) of the Commission's Rules (``Rules'') for failure to make appropriate entries in the broadcast station log indicating the reasons why tests of the Emergency Alert System (EAS) were not received, for failure to make field intensity measurements at each designated monitoring point location on the KIRL nighttime directional array as often as necessary to maintain compliance with the station authorization,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237606A1.html
- 051 Baton Rouge, Louisiana ) NAL/Acct.No. X3262008 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 21, 2000 By the Enforcement Bureau, New Orleans Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Church Point Ministries, Inc. (``Church Point''), licensee of station WNDC (AM), Baton Rouge, Louisiana, has apparently violated sections 17.4(a)(2), 73.49, and 73.3526(a)(2) of the Commission's Rules (``Rules'') for failure to register the station's antenna structures by July 1, 1998, failure to provide an effective locked fence or other enclosure around the base of any antenna having radio frequency potential at its base, and failure to maintain a public inspection file.1 We conclude that Church Point is apparently liable for a forfeiture in
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237647A1.html
- No. 200332860001 Honolulu, Hawaii ) FRN 0006351688 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 31, 2002 By the Enforcement Bureau, Honolulu Resident Agent Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Trade Center Management, Inc., licensee of AM broadcast station KHRA in Honolulu, Hawaii, has apparently willfully and repeatedly violated Section 73.3526(b) of the Federal Communications Commission (``FCC'') Rules and Regulations (``Rules''),1 by failing to maintain a public inspection file at the station main studio. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Trade Center Management, Inc., is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2.
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237662A1.html
- LIABILITY FOR FORFEITURE Released: November 19, 2002 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Metropolitan Radio Group, Inc. (``Metropolitan''), licensee of radio station KTKC, Springhill, Louisiana, apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000) for willful violation of Sections 73.1125(a) and 73.3526(a)(2) of the Commission's Rules (``Rules'').1 Specifically, we find Metropolitan apparently liable for failing to maintain a presence at the station's main studio and failing to maintain all of the required material in the station's public inspection file. II. BACKGROUND 2. On September 10, 2002, an agent from the FCC Enforcement Bureau's New Orleans Office inspected broadcast station KTKC(FM) licensed to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237663A1.html
- FOR FORFEITURE Released: December 5, 2002 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Greenwood Acres Baptist Church (``Greenwood''), licensee of AM broadcast station KASO, Minden, Louisiana, apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(a)(2) of the Commission's Rules (``Rules'').1 Specifically, we find Greenwood apparently liable for failing to maintain an effective locked fence enclosing its antenna tower, and failing to maintain all required material in its public inspection file. II. BACKGROUND 2. On September 12, 2002, an agent from the FCC Enforcement Bureau's New Orleans Office inspected AM broadcast station KASO. During the inspection,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237762A1.html
- Released: October 3, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Wilkins Communications Network, Inc., licensee of AM radio station KLNG, Council Bluffs, Iowa, apparently liable for a forfeiture in the amount of three thousand five hundred dollars ($3,500) for willful violation of Sections 11.61(a) and 73.3526(e)(6) of the Commission's Rules (``Rules'').1 Specifically, we find Wilkins Communications Network, Inc. apparently liable for failing to transmit EAS tests and for failing to maintain the most recent requests for political time in the public file. II. BACKGROUND 2. On August 15, 2002, an agent from the FCC Enforcement Bureau's Kansas City Field Office inspected radio station KLNG, Council Bluffs,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237765A1.html
- 12, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Petracom of Joplin, L.L.C. (``Petracom''), licensee of FM radio station KCAR-FM, Galena, Kansas, apparently liable for a forfeiture in the amount of three thousand five hundred dollars ($3,500) for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules'').1 Specifically, we find Petracom apparently liable for failing to conduct weekly tests of the Emergency Alert System (``EAS''), and failing to maintain all required material in the station's public inspection file. II. BACKGROUND 2. On November 7, 2002, an agent of the Commission's Kansas City Office inspected the EAS installation and public file for radio
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237905A1.html
- Maine ) ) ) NAL/Acct. No. ) 200332260001 FRN: 0004 0757 35 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 29, 2002 By the District Director, Boston Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that FNX Broadcasting, LLC. (``FNX''), licensee of radio station WPHX has apparently violated Sections 73.1125, and 73.3526(b) of the Commission's Rules and Regulations (``Rules'')1, by failing to staff the main studio, and by failing to maintain the public inspection file at the main studio. We conclude that FNX is apparently liable for forfeiture in the amount of seventeen thousand dollars ($17,000). II. BACKGROUND 2. On May 14, 2002, District Director Vincent Kajunski from the Commission's Boston Office
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237906A1.html
- Maine ) ) ) NAL/Acct. No. ) 200332260002 FRN: 0004 0757 35 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 29, 2002 By the District Director, Boston Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that FNX Broadcasting, LLC. (``FNX''), licensee of radio station WPHX-FM has apparently violated Sections 73.1125, and 73.3526(b) of the Commission's Rules and Regulations (``Rules'')1, by failing to staff the main studio, and by failing to maintain the public inspection file at the main studio. We conclude that FNX is apparently liable for forfeiture in the amount of seventeen thousand dollars ($17,000). II. BACKGROUND 2. On May 14, 2002, District Director Vincent Kajunski from the Commission's Boston Office
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237919A1.html
- red painted sections of the structure. The condition of the paint reduced the visibility of the tower. The agents further determined that the antenna structure was not registered with the Commission. 6. On July 17, 2002, the Columbia Office issued a Notice of Violation to Grass Roots for violation of Sections 11.52(d), 11.61(d), 17.4(a)(2), 17.50, 73.1125(a), 73.1225(d)(1), 73.1545(a), 73.1560(b), 73.1590(b), 73.3526(b) and 73.3526(e)(12) of the Rules2. In response by letter dated August 5, 2002, Grass Roots stated that the antenna registration issue had been brought to its attention by an FCC inspector in December 2001 and that an FAA study, required before the structure can be registered, commenced on June 20, 2002. Grass Roots stated the previous owner had agreed to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237920A1.html
- EB-02-CF-569 ) MRJ, Inc. ) NAL/Acct. No. 200332340002 WWYO ) Pineville, West Virginia ) FRN: 0005-9955-50 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 26, 2002 By the District Director, Columbia Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that MRJ, Inc (``MRJ'') has apparently violated Sections 11.52(a), 17.4, 73.49, and 73.3526(c) of the Commission's Rules1 (``Rules''), by failing to conduct weekly EAS tests of the EAS header and EOM codes, by failing to register its antenna structure with the Commission, failing to enclose the AM antenna in an effective locked fence, and failing to allow access to the public inspection file. We conclude that MRJ is apparently liable for a forfeiture
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- Released: July 22, 2002 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Metro Birch Enterprises, Inc. (``Metro Birch''), licensee of AM radio station KPBA, Pine Bluff, Arkansas, apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(a)(2) of the Commission's Rules (``Rules'').1 Specifically, we find Metro Birch apparently liable for failing to provide an effective locked fence enclosing the base of the station's antenna tower, and by failing to maintain all required items in the station's public inspection file. II. BACKGROUND 2. On May 21, 2002, an agent from the Commission's New Orleans Field Office inspected station
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- Virginia ) NAL/Acct. No. 200132360003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 21, 2001 By the District Director, Detroit Office, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''), the licensee of WCMI(AM), licensed to Ashland, Kentucky, has apparently violated Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1) and 73.3526(e)(12) of the Commission's Rules (``Rules'')1. Respectively, these Rules require a copy of the most recent antenna impedance measurements be made available upon request by representatives of the FCC, WCMI(AM) be operated according to the terms of the station authorization, a construction permit be filed for modification of transmission system facilities, and, a copy of the current FCC authorization
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- NAL/Acct. No. 20013248- 0001 ) ) Radio Station WDWZ(AM) ) West Point, GA ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 16, 2001 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Zachery Broadcasting Company (``Zachery''), licensee of AM broadcast station WDWZ(AM), has apparently violated sections 11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.49, 17.4(a), and 73.49 of the Commission's Rules1. Specifically, Zachery failed to maintain emergency alert system (``EAS'') equipment, failed to maintain a public inspection file, failed to maintain the painting and lighting of the station's antenna structure, failed to report and record the outage of the station's antenna structure lights, failed to register the station's antenna structure
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- 12, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Cumulus Licensing Corp. (``Cumulus''), licensee of FM radio stations KQTP, St. Marys, Kansas, and KWIC, Topeka, Kansas, apparently liable for a forfeiture in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 73.3526(e)(12) of the Commission's Rules (``Rules'').1 Specifically, we find Cumulus Licensing Corp. apparently liable for failure to maintain required issues- programs listings at both KQTP and KWIC. II. BACKGROUND 2. On July 10, 2002, an agent from the Commission's Kansas City Field Office inspected FM radio stations KQTP and KWIC at the main studio for both stations located in Topeka, Kansas.
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- 30, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Hunt Broadcasting Group, Inc. (``Hunt''), licensee of radio stations KPWB AM and FM, Piedmont, Missouri, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) 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'').1 Specifically, we find Hunt apparently liable for failure to provide an effective locked fence enclosing the base of the station's AM 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 station's public inspection file.
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- 1445 West Baseline Rd. ) Case No. EB-00-SD-295 Phoenix, AZ 85041 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 15, 2001 Released: February 15, 2001 By the Enforcement Bureau: San Diego Office I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find KASA Radio Hogar, Inc. (Hogar) has apparently violated Sections 73.54(d), 73.1350(c)(1), 73.1590(a)(6) and 73.3526(a)(2) of the Commission's Rules and Regulations (Rules), by failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection, failure to have the proper monitoring equipment installed at the duty operator position, failure to conduct annual equipment performance measurements and failure to maintain a Public Inspection File1. We conclude that Hogar is apparently liable for
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- IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY shall be sent by Certified Mail, Return Receipt Requested, to Cornbelt Broadcasting Co., RR2 Box 117M, Clinton, Illinois 61727-9518. 20. 21. FEDERAL COMMUNICATIONS COMMISSION 22. 23. 24. G. Michael Moffitt District Director Chicago Office _________________________ 1 47 C.F.R. 11.35(a), 17.4(g), and 73.49. 2 47 C.F.R. 73.51, 73.1870(a), 73.3526(e)(5), 73.3526(e)(8), 73.3526(e)(73.51(e)(2), 73.1560(d), and 73.1590(a)(6) 3 47 C.F.R. 1.80. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate
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- MA ) NAL/Acct. No. 200132260001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 8, 2001 By the District Director, Boston Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that RADIO ONE LICENSES INC. (``Radio One''), licensee and operator of WBOT (FM), Brockton, MA, apparently violated Sections 11.35(a), 73.1125(d), 73.1350(c)(1), 73.1800(a), and 73.3526(a)(2) of the Commission's Rules (the ``Rules'').1 The violations include failure to have operational Emergency Alert System (``EAS'') equipment, failure to conduct and log required EAS tests, failure to establish a local or toll- free telephone number in the community of license, failure to establish monitoring procedures to determine compliance with Section 73.15602 regarding operating power, failure to maintain a station
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- 12, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Petracom of Joplin, L.L.C. (``Petracom''), licensee of FM radio station KCAR-FM, Galena, Kansas, apparently liable for a forfeiture in the amount of three thousand five hundred dollars ($3,500) for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules'').1 Specifically, we find Petracom apparently liable for failing to conduct weekly tests of the Emergency Alert System (``EAS''), and failing to maintain all required material in the station's public inspection file. II. BACKGROUND 2. On November 7, 2002, an agent of the Commission's Kansas City Office inspected the EAS installation and public file for radio
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- FORFEITURE Released: October 1, 2002 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Tralyn Broadcasting, Inc. (``Tralyn''), licensee of AM radio station WIGG, Wiggins, Mississippi, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for repeated and willful violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules'').1 Specifically, we find Tralyn apparently liable for failing to conduct weekly tests of the Emergency Alert System (``EAS''), and failing to maintain all required material in the station's public inspection file. II. BACKGROUND 2. On August 13, 2002, an agent from the FCC Enforcement Bureau's New Orleans Field Office inspected station WIGG(AM) in Wiggins, Mississippi.
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- ) WGRM-FM ) File No. EB-01-OR-052 Greenwood, Mississippi ) NAL/Acct. No. 200132620004 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 3, 2001 By the Enforcement Bureau, New Orleans Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find Willis Broadcasting Corporation (``Willis''), licensee of FM broadcast station WGRM-FM, apparently violated Sections 1.89(b), 11.35(a), 17.4(a)(2), and 73.3526(c) of the Commission's Rules (``Rules'')1 by failing to respond to Commission correspondence, failing to ensure that Emergency Alert System (``EAS'') equipment was installed and operating, failing to register an existing antenna structure by July 1, 1998, and failing to ensure that the station's public inspection file was available at all times during normal business hours. We conclude that Willis is
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- Patrick Broadcasting, ) File Number EB-01-OR-212 Ltd. ) KTRY-FM ) NAL/Acct.No. 200232620002 Bastrop, Louisiana ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 27, 2001 By the Enforcement Bureau, New Orleans Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Jamie Patrick Broadcasting, Ltd. (``Jamie Patrick'') apparently violated Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Commission's Rules (``Rules'') by failing to respond to Commission correspondence, failing to install and operate Emergency Alert System (``EAS'') equipment, and failing to maintain a public inspection file.1 We conclude that Jamie Patrick is apparently liable for a forfeiture in the amount of twenty-two thousand dollars ($22,000). II. BACKGROUND 2. On July 11, 2001, an agent from the
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- Juan Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Radio X Broadcasting Corp., licensee of radio station WXLX, Lajas, Puerto Rico, and owner of antenna structure registration #1043256 near Cabo Rojo, Puerto Rico, apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000) for willful violation of Section(s) 17.50 and 73.3526(b) of the Commission's Rules (``Rules'').1 Specifically, we find Radio X Broadcasting Corp. apparently liable for failure to clean and repaint its antenna structure to maintain good visibility and for not maintaining the station's public inspection file at the main studio. II. BACKGROUND 2. On August 21, 2002, agents of the Commission's San Juan Office inspected the antenna structure bearing FCC
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- FORFEITURE Released: February 14, 2003 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Victory & Power Ministries, Inc. (``Victory Ministries''), licensee of radio station WPFC, apparently liable for a forfeiture in the amount of twenty- five thousand dollars ($25,000) for willful violation of Sections 11.35(a), 73.49, and 73.3526(c) of the Commission's Rules (``Rules'').1 Specifically, we find Victory Ministries apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to provide an effective locked fence enclosing the station's antenna tower, and failing to have the station's public inspection file available for inspection during regular business hours. II. BACKGROUND 2. On November 13, 2002, an agent from
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- KULE ) Ephrata, Washington Facility ID No: 4041 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 30, 2003 By the District Direction, Seattle Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Butterfield Broadcasting Corporation (``Butterfield''), licensee of radio station KULE (AM) in Ephrata, Washington, has apparently willfully and repeatedly violated Section 73.3526(e)(1) of the Commission's Rules (``Rules'')1 by failing to maintain a copy of the station's authorization in the station's public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended,2 that Butterfield is apparently liable for forfeiture in the amount of two thousand dollars ($2,000). II. BACKGROUND 2. On May 17, 1999, the Seattle Office
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- of Apparent Liability for Forfeiture (``NAL''), we find Jesse C. Ross and Ernestine A. Ross (``Ross''), licensee of radio station WSAO(AM), Senatobia, Mississippi and owner of the antenna structure at North 34 36' 56'' latitude, West 089 56' 09'' longitude, apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000) for willful violation of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''), and willful and repeated violation of Section 17.4(a) of the Rules.1 Specifically, we find Ross apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to register its antenna structure, and failing to make all of the required documents of the public inspection file available during regular business hours. II. BACKGROUND 2.
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- this Notice of Apparent Liability for Forfeiture (``NAL''), we find Union Broadcasting, Inc. (``Union''), licensee of AM Broadcast station KCTE, Independence, Missouri and AM Broadcast station WHB, Kansas City, Missouri, apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of the terms of the KCTE station authorization and Sections 73.1745(a) and 73.3526(c) of the Commission's Rules (``Rules'').1 Specifically, we find Union Broadcasting, Inc. apparently liable for operation with modes and during hours not specified in the KCTE station authorization and for failure to make the public inspection file available to the public and to the FCC. II. BACKGROUND 2. On October 7, 1999, the FCC, Kansas City Office issued a Notice of
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- LIABILITY FOR FORFEITURE Released: April 10, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Clinton Radio Company, licensee of radio stations KDKD and KDKD-FM, apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 11.35(a) and 73.3526(c) of the Commission's Rules (``Rules'').1 Specifically, we find Clinton Radio Company apparently liable for failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to make available all required contents of the public inspection file during regular business hours. II. BACKGROUND 2. On February 11, 1999, the Kansas City Office issued to Clinton Radio Company a Notice of Violation
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- to the residence of a station employee. The agent found the employee and completed an inspection. The employee identified himself as the chief engineer. The FCC agent found no management staff presence at the main studio. 4. On December 16, 2002, the Columbia Office issued a Notice of Violation (``NOV'') to JMK for violation of Sections 11.15, 73.49, 73.1125(a), 73.1125(e), 73.3526(c) and 73.3526(e)(12) of the Rules2. The NOV was mailed to the address of record. No reply was received to the NOV. 5. On January 17, 2003, the Columbia Office issued a follow up letter to the NOV with a copy of the NOV attached. The letter was mailed to the address of record by certified mail with return receipt requested.
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- FORFEITURE Released: March 11, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Community Broadcasting, Inc. (``Community''), licensee of radio station KCRL-FM, Sunrise Beach, Missouri, apparently liable for a forfeiture in the amount of two thousand five hundred dollars ($2,500) for willful and repeated violation of Section 73.3526(a)(2) of the Commission's Rules (``Rules'').1 Specifically, we find Community apparently liable for failing to maintain all required material in the station's public inspection file. II. BACKGROUND 2. On January 29, 2003, an agent of the FCC's Kansas City Office inspected the public file for radio station KCRL-FM, Sunrise Beach, Missouri. The station's public file contained no contour map and no
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- Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find RJM Communications, Inc. (``RJM''), licensee of radio station WGSR, Fernandina Beach, Florida, apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 73.1125 and 73.1745(a) of the Commission's Rules (``Rules'') and willful violation of Section 73.3526(c)(1) of the Rules.1 Specifically, we find RJM Communications, Inc. apparently liable for failure to maintain a presence at its main studio, exceeding authorized nighttime operating power, and failure to make available a public inspection file during regular business hours. II. BACKGROUND 2. RJM is the licensee of AM broadcast station WGSR in Fernandina Beach, Florida. WGSR's station license authorizes daytime
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- of the EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation.'' There was no EAS equipment installed at the station at the time of inspection and there were no EAS logs to demonstrate that the station had EAS equipment installed prior to the inspection. 2.c. 47 C.F.R. 73.3526(a)(2): Every permittee or licensee of an AM, FM, TV or Class A TV station in the commercial broadcast services shall maintain a public inspection file at the station's main studio. There was no public inspection file located at the main studio. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's
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- LIABILITY FOR FORFEITURE Released: April 14, 2003April By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Marion R. Williams (``Williams''), licensee of AM radio station WONG, Canton, Mississippi, apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(c)(1) of the Commission's Rules (``Rules'').1 Specifically, we find Williams apparently liable for failing to enclose the station's antenna tower within an effective locked fence or other enclosure and failing to make most required items in the station's public inspection file available for inspection during regular business hours. II. BACKGROUND 2. On February 26, 2003, an agent from the FCC Enforcement
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- Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find RJM Communications, Inc. (``RJM''), licensee of radio station WGSR, Fernandina Beach, Florida, apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 73.1125 and 73.1745(a) of the Commission's Rules (``Rules'') and willful violation of Section 73.3526(c)(1) of the Rules.1 Specifically, we find RJM Communications, Inc. apparently liable for failure to maintain a presence at its main studio, exceeding authorized nighttime operating power, and failure to make available a public inspection file during regular business hours. II. BACKGROUND 2. RJM is the licensee of AM broadcast station WGSR in Fernandina Beach, Florida. WGSR's station license authorizes daytime
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-239923A1.html
- Renacer Broadcasters Corp. File No.: EB-03-SJ- 054 POB 1061 NOV/Acct. No.: V20043268- 001 Hormigueros, PR 00660 Released: October 14, 2003 NOTICE OF VIOLATION Corrected Copy 1. On September 18, 2003, agents of the FCC's San Juan Office, inspected broadcast radio station WRRH located at state road #2, Km. 160.8, Hormigueros, PR , and observed the following violation(s): 1.a. 47 C.F.R. 73.3526(c): The station's public inspection file shall be available for public inspection at any time during regular business hours. At the time of inspection, 1:20 PM AST, the following contents of the file were not available for inspection: copy of the service contour map, copy of the most recent ownership report, letters and emails from the public, and the issues-programs listing.
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- 16, 2003 By the Enforcement Bureau, Tampa Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Blountstown Communications, Inc. (``Blountstown''), licensee of AM radio station WYBT and FM radio station WPHK, Blountstown, Florida, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 11.35, 73.49 and 73.3526(c) of the Commission's Rules (``Rules'').1 Specifically, we find Blountstown apparently liable for failing to ensure that the Emergency Alert System (``EAS'') equipment was operational, failing to enclose the base of the antenna system with a fence and failing to make available a complete public file. II. BACKGROUND 2. On April 7, 2003, agents from the FCC Enforcement Bureau's Tampa Field
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- Kentucky, and observed the following violation(s): 2.a. 47 C.F.R. 11.52(d): ``Broadcast stations ... must monitor two EAS sources. The monitoring assignments of each broadcast station ... are specified in the State EAS Plan and FCC Mapbook. They are also developed in accordance with FCC monitoring priorities...'' At the time of inspection, WEKC was monitoring one EAS source. 2.b. 47 C.F.R. 73.3526(e)(5): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...Ownership reports and related material. A copy of the most recent, complete ownership report filed with the FCC for the station...'' At the time of inspection, no ownership reports were in the public inspection file. 2.c. 47 C.F.R. 73.3526(e)(8): ``Contents of the file.
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- At the time of inspection, one EAS source was being monitored. 2.c. 47 C.F.R. 11.61(a)(2)(i)(A): ``Tests of EAS procedures...Required Weekly Tests:...AM, FM and TV stations must conduct tests...at least once each week and at random days and times...'' During the six week period from November 2, 2003 to December 13, 2003, only two EAS tests were sent. 2.d. 47 C.F.R. 73.3526(e)(5): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station...'' At the time of inspection, no ownership reports were in the public inspection file. 2.e. 47 C.F.R. 73.3526(e)(6): ``Contents of the file.
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- At the time of inspection, the incorrect EAS sources were being monitored. 2.b. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period from November 2, 2003 to December 13, 2003, there were no entries of EAS received tests 2.c. 47 C.F.R. 73.3526(e)(8): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...The public and broadcasting. At all times, a copy of the most recent version of the manual entitled ``The Public and Broadcasting.'' At the time of inspection, there was no copy of ``The Public and Broadcasting'' in the public inspection file. 2.d. 47
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- of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive...'' During the period from November 2, 2003 to December 13, 2003, there was no review of the station logs by the chief operator. 2.f. 47 C.F.R. 73.3526(c): ``Local public inspection file of commercial stations...Access to material in the file. (1) The file shall be available for public inspection at any time during regular business hours...'' At the time of inspection, the public file was not made available. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules,
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- No. EB-03-CF-334 ) JMK Communications, Inc. ) NAL/Acct. No. 200432340004 WPWC ) Dumfries-Triangle, VA ) FRN: 0006-1615-09 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 4, 2004 By the District Director, Columbia Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that JMK Communications, Inc. (``JMK'') has apparently violated Sections 11.35(a), 73.1745(a), 73.3526(e)(5) and 73.3526(e)(12) of the Commission's Rules1 (``Rules'') by failing to insure that EAS monitoring and transmitting functions are available and operational during the times the station is in operation, operating with unauthorized times and modes, and failing to place the most current ownership report, written comments and suggestions from the public and a list of programs that have provided the
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- FOR FORFEITURE Released: March 5, 2004 By the Enforcement Bureau, Tampa Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Rama Communications, Inc. (``Rama''), licensee of radio station WLAA, Winter Garden, Florida, apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules'').1 Specifically, we find Rama Communications, Inc. apparently liable for failure to have the Emergency Alert System (``EAS'') transmitting functions available during times the station is in operation, and failure to make available upon request the complete public inspection file during regular business hours. II. BACKGROUND 2. On June 3, 2003, the FCC Enforcement Bureau's Tampa
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- completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive...'' During the period September 28, 2003 through January 31, 2004, there was no review of the station logs by the chief operator. g. 47 C.F.R. 73.3526(e)(5): ``Local public inspection file of commercial stations...Contents of the file. The material to be retained in the public inspection file is as follows:...Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate and together
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-245204A1.html
- LIABILITY FOR FORFEITURE Released: March 8, 2004 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Citadel Broadcasting Company (``Citadel''), licensee of radio station KSYY(FM), Kingfisher, Oklahoma, apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000) for willful and repeated violation of Sections 73.1125(a) and 73.3526(c)(1) of the Commission's Rules (``Rules'').1 Specifically, we find Citadel Broadcasting Company apparently liable for failing to maintain a presence at the station's main studio and failing to make available for inspection all of the required material in the station's public inspection file. II. BACKGROUND 2. On June 6, 2002, the FCC Enforcement Bureau's Dallas Field Office (``Dallas Office'') received a
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-245205A1.html
- Enforcement Bureau, Norfolk Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find First Media Radio, LLC (``First Media''), licensee of AM radio station WWDR, and FM radio station WDLZ, Murfreesboro, North Carolina, apparently liable for a forfeiture in the amount of six thousand dollars ($6,000) for willful and repeated violation of Sections 73.1560(a)(1) and 73.3526(c)(1) of the Commission's Rules (``Rules'').1 Specifically, we find First Media apparently liable for operating AM radio station WWDR in excess of authorized power and for failing to make available for inspection the complete public inspection file. II. BACKGROUND 2. First Media Radio, LLC is the licensee of WWDR and WDLZ. WWDR and WDLZ are authorized to broadcast in Murfreesboro, North
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246119A1.html
- LIABILITY FOR FORFEITURE Released: April 7, 2004 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find EICB-TV, LLC (``EICB''), licensee of KUOT-CA Class A television station, Oklahoma City, Oklahoma, apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 73.3526(c)(1) of the Commission's Rules (``Rules'').1 Specifically, we find EICB-TV, LLC apparently liable for failure to make available for inspection all of the required material in the station's public inspection file. II. BACKGROUND 2. On September 9, 2002, the FCC Enforcement Bureau's Dallas Field Office (``Dallas Office'') received a complaint alleging KKCC-LP2 was not in compliance with the Commission's Rules for
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246348A1.html
- the District Director, Kansas City Office, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Eagle Communications, Inc. 2. On April 8, 2004, an agent of the Commission's Kansas City Office inspected FM Broadcast radio station KHOK, located at Hoisington, Kansas and observed the following violation: a. 47 C.F.R. 73.3526(e)(12): Commercial broadcast stations, are to compile and file every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter. The list shall include a brief narrative describing what
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246349A1.html
- for both receiving and transmitting EAS activations. According to 47 C.F.R. 11.51(j): Broadcast stations that are co-owned and co-located with a combined studio or control facility, may provide the EAS transmitting requirements contained in this section for the combined stations. Since KBGL is not co-owned, then Hull Broadcasting, Inc. is required to maintain their own EAS equipment. b. 47 C.F.R. 73.3526(e)(12): Commercial broadcast stations, are to compile and file every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter. The list shall include a brief narrative describing what
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- time of the inspection the station logs did not indicate why EAS tests had not been sent or received. The logs also did not indicate why the station was only monitoring one source instead of the required two sources. The station EAS logs that were reviewed at the time of the inspection were from 12/28/03 through 4/10/04. 2.e. 47 C.F.R. 73.3526(b): The public inspection file shall be maintained at the main studio of the station. At the time of inspection the public file was not maintained at the main studio. The public file was located at the Wamego Kansas Public Library and was not up to date. The latest item placed in the public file was the issues/programs list for the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248174A1.html
- Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Radio 95, Inc., licensee of radio station WJKC(FM). 2. On April 21, 2004, an agent of the Commission's San Juan Office inspected radio station WJKC(FM) located at 5000 Anchors Way, Christiansted, VI, and observed the following violation(s): 2.a. 47 C.F.R. 73.3526(c)(1): The station's public inspection file shall be available for public inspection at any time during regular business hours. At the time of inspection the following contents of the file were not available for inspection: The last three quarterly reports of 2003 of the issues-programs listing. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section
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- or a remote control system to control the transmission system parameters after 9:00 P.M. 2.f. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection, the station did not have a written designation of the chief operator. 2.g. 47 C.F.R 73.3526(e)(5): ``Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material.'' At the time of inspection, the most recent owner ship report was not available. 2.h. 47 C.F.R 73.3526(e)
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- not indicate why EAS tests had not been received or sent. The logs also did not indicate why the station was only monitoring one source instead of the required two sources. With this response provide why this station was not monitoring the secondary source of EAS tests and also why EAS tests were not logged as required. 2.f. 47 C.F.R. 73.3526(e)(5): A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248615A1.html
- Released: June 10, 2004 By the Enforcement Bureau, South Central Region, San Juan Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find HQ-103, Inc. (``HQ''), licensee of radio station WDIN Camuy, Puerto Rico, apparently liable for forfeiture in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section(s) 73.1125(a) and 73.3526(c)(1) of the Commission's Rules (``Rules'').1 Specifically, we find HQ apparently liable for failing to maintain a presence at the station's main studio and failing to make available for inspection all of the required materials in the station's public inspection file. II. BACKGROUND 2. On November 20, 2003, the FCC Enforcement Bureau's San Juan Office (``San Juan Office'') received a complaint
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-249189A1.html
- Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find The Paradise Network of North Carolina, Inc. (``TPN''), licensee of AM radio stations WHNC, Henderson, North Carolina and WCBQ, Oxford, North Carolina, apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35 and 73.3526(c)(1) of the Commission's Rules (``Rules'').1 Specifically, we find TPN apparently liable for failure to install and maintain EAS equipment and for failure to make available for inspection the complete public inspection file. II. BACKGROUND 2. On April 19, 2004, an agent of the Enforcement Bureau's Norfolk Office (``Norfolk Office'') conducted an inspection of the co-located main studios of WHNC and
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-250101A1.html
- 2004 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Jason Konarz (``Konarz''), licensee of radio station WQMA(AM), Marks, Mississippi, apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Sections 11.35(a), 73.1745(a) and 73.3526(c) of the Commission's Rules (``Rules'').1 Specifically, we find Konarz apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment, operating with excessive power and then 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 2. On May 11, 2004, an agent
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-250726A1.html
- City Office, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Colins Broadcasting Company, licensee of television station KSNB-TV. 2. On May 12, 2004, an agent of the Commission's Kansas City Office inspected television station KSNB-TV , licensed to Superior, NE, and observed the following violation: 2.a. 47 C.F.R. 73.3526(b): ``The public inspection file shall be maintained at the main studio of the station''. At the time of inspection, the public file was not at the main studio. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Colins Broadcasting Company, must submit a written statement concerning this matter within
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- ) FRN: 0007 3402 01 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 2, 2004 By the District Director, Columbia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Snow Hill Broadcasting, L.L.C. (``Snow Hill''), licensee of station WQMR, in Snow Hill, Maryland, apparently willfully and repeatedly violated Sections 73.3526(e)(6), 73.3526(e)(8), 73.3526(e)(9), and 73.3526(e)(12) of the Commission's Rules ("Rules")1 by failing 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-253854A1.html
- and observed the following violations: 2.a. 47 C.F.R 11.15 ``A copy of the [EAS Operating] Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty, and immediately available to staff responsible for authenticating messages and initiating actions.'' During the inspection, the EAS Handbook was not available. 2.b. 47 C.F.R. 73.3526(e)(8) ``[Every permittee or licensee of an AM, FM or Class A TV station in the commercial broadcast services shall maintain a public inspection file containing] at all times, a copy of the most recent version of the manual entitled ``The Public & Broadcasting.'' At the time of inspection, ``The Public and Broadcasting'' manual was not available in the public inspection
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-254049A1.html
- station logs were available at the time of the inspection. 47 C.F.R. 73.1870 (b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, no chief operator designation was posted with the license, or otherwise available for review by the inspectors. 47 C.F.R. 73.3526 (e)(8): ``The public and Broadcasting. At all times, a copy of the most recent version of the manual entitled ``The public and broadcasting.'' At the time of inspection a copy of the manual ``The Public and Broadcasting'' was not available. 47 C.F.R. 73.3526 (e)(12): ``Radio issues/programs list. For commercial AM and FM broadcast stations, every three months a list of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-257380A1.html
- Central Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Birach Broadcasting Corp., licensee of radio station WEW. 2. On March 1, 2005, an agent of the Commission's Kansas City Office inspected radio station WEW located in St. Louis, Missouri, and observed the following violation(s): 2.a. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter... The list shall include a brief narrative describing what issues
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258872A1.html
- Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Twenty-One Sound Communications, Inc. (``Twenty-One Sound''), licensee of Station KNSX(FM) in Steelville, Missouri, apparently liable for a forfeiture in the amount of twenty five thousand dollars ($25,000) for willful and repeated violation of Sections 11.35(a), 73.1125(a) and 73.3526(a) of the Commission's Rules (``Rules'').1 Specifically, we find Twenty-One Sound apparently liable for failing to maintain Emergency Alert System (``EAS'') equipment in operational readiness condition, failing to maintain a main studio, and failing to maintain a public inspection file consistent with the Rules. II. BACKGROUND 2. On March 1, 2005, an agent with the Commission's Kansas City Office of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260033A1.html
- following duties ... Review of the station records at least once each week to determine if required entries are being made correctly ... Upon completion of the review, the chief operator or his designee must date and sign the log.'' At the time of the inspection, the Chief Operator was not reviewing or signing the station log. 5.g. 47 C.F.R. 73.3526(e)(12): Radio Issues/programs List. ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter.'' At the time of the inspection, the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260034A1.html
- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 2.i. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the following items were missing from the WURB(FM) public inspection file: 2.i.i. A copy of the current FCC authorization. ( 73.3526(e)(1)) 2.i.ii. Letters and e-mail from the public. ( 73.3526(e)(9)) 2.i.iii. Radio issues/programs lists. ( 73.3526(e)(12))
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260411A1.html
- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 2.e. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the following items were missing from the public inspection file of Station WBTE(AM): 2.e.i. A copy of the current FCC authorization. ( 73.3526(e)(1)) 2.e.ii. Contour maps. ( 73.3526(e)(4)) 2.e.iii. Ownership reports and related materials. ( 73.3526(e)(5))
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260463A1.html
- Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Bustos Media of Oregon License, LLC, (``Bustos'') licensee of radio station KGDD(AM), licensed to Oregon City, Oregon. 2. On July 7, 2005, an agent of the Commission's Portland Office inspected radio station KGDD(AM) and observed the following violation: 2.a. 47 C.F.R. 73.3526(e)(1): A copy of the current FCC authorization must be retained in the public inspection file. At the time of inspection, no current authorization was available. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Bustos Media of Oregon License, LLC , must submit a written statement concerning this matter
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260541A1.html
- Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Maria L. Salazar, licensee of station KTCM, in Kingman, Kansas, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules (``Rules'')1 by failing to maintain operational emergency alert system (``EAS'') equipment and apparently willfully violated Section 73.3526(e) of the Rules2 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"),3 that Ms. Salazar is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On March 17, 2005, an agent from the Kansas City Office inspected station
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260543A1.html
- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 2.i. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the following items were missing from the public inspection file for Station WBXB(FM): 2.i.i. A copy of the current FCC authorization. ( 73.3526(e)(1)) 2.i.ii. Letters and e-mail from the public. ( 73.3526(e)(9)) 2.i.iii. Radio issues/programs lists.
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- request must be made available during that time to duly authorized representatives of the FCC.'' The station stated that it recently replaced its main transmitter, but did not have any record of the replacement. Equipment Performance Measurements failed to identify (e.g., by providing the manufacturer, FCCID, model number and serial number of) the transmitter that was tested. 2.f. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the following items were missing from the public inspection file of Station WHFD(FM): 2.f.i. A copy of the current FCC authorization. ( 73.3526(e)(1)) 2.f.ii. Contour maps. ( 73.3526(e)(4)) 2.f.iii. Ownership reports and related materials. ( 73.3526(e)(5))
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260730A1.html
- Williamsburg, KY ) ) FRN 0007 9211 90 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 26, 2005 By the District Director, Detroit Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Gerald Parks (``Parks''), licensee of AM Radio Station WEKC, has apparently willfully and repeatedly violated Sections 17.4(a), 73.3526(e)(4), and 73.3526(e)(12) of the Commission's Rules (``the Rules'').1 These noted violations involve Parks's failure to register the antenna structure and failure to maintain in the public inspection file a service contour map and issues/programs lists. We conclude, pursuant to Section 503(b) of the Act,2 that Parks is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000).
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- an AM station as determined by the procedures specified in 73.51 must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating with 111% of the authorized power of 540 watts. f. 47 C.F.R. 73.3526(e)(5): The public inspection file shall contain ``[a] copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material.'' At the time of inspection, no ownership reports or certifying statements were available. g. 47 C.F.R. 73.3526(e)(8):
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260734A1.html
- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' At the time of inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 2.g. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of the inspection, no issues-programs listings were found in the station's public inspection file as required by 73.3526(e)(12) for the third and fourth quarters of 2004. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as
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- C.F.R. 73.1820(a)(1)(iii): Entries must be made in the station log, including ``an entry of each test and activation of the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook.'' At the time of the inspection, there were no entries for monthly or weekly EAS tests. c. 47 C. F. R. 73.3526(c)(1): The public inspection file ``shall be available for public inspection at any time during regular business hours.'' Portions of the public inspection file were not available, including letters and e-mail comments from the public, and the issues/ programs lists. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Rules, R &
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260948A1.html
- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 30, 2005 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that GB Enterprises Communications Corp (``GB Enterprises''), licensee of radio station WHNR-AM, in Cypress Gardens, Florida, apparently willfully and repeatedly violated Sections 73.49 and 73.3526 of the Commission's Rules (``Rules'')1 by failing to enclose its antenna structures within effective locked fences and 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 GB Enterprises is apparently liable for a forfeiture in the amount of ten thousand five hundred dollars ($10,500). II.
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- the last 14 months. 2.e. 47 C.F.R. 73.1820(a)(1)(iii): ``An entry [must be made in the station log] of each test and activation of the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook.'' The station log had no entries for EAS tests received after September 3, 2004. 2.f. 47 C.F.R. 73.3526(c): Material in the public inspection file ``shall be available for public inspection at any time during regular business hours.'' At the time of the inspection, no issues- programs listings were found in the station's public inspection file as required by 73.3526(e)(12). Station management stated they were unaware of the requirement to maintain such a list. 3. Pursuant to Section 308(b)
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- failing to maintain Emergency Alert System (``EAS'') equipment in operational condition, failing to file FCC Form 302-FM (``license application'') requesting program test authority (``PTA'') prior to operating its station with a directional antenna, and failing to operate within the terms of the station's broadcast and studio transmitter link (``STL'') authorizations. We also find that Southern Media apparently willfully violated Section 73.3526(e) of the Rules2 by failing to maintain a complete public inspection file. In addition, we admonish Southern Media for its violation of Section 73.1125(a) of the Rules3 by failing to comply with the main studio location requirements. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),4 that Southern Media is apparently liable for a
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261931A1.html
- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 25, 2005 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA, in Vega Baja, Puerto Rico, apparently willfully violated Sections 73.49 and 73.3526(e) of the Commission's Rules1 (``Rules'') by failing to enclose an antenna tower having radio frequency potential at the base within an effective locked fence and failing to maintain a complete public inspection file and apparently willfully and repeatedly violated Section 73.1350(a) of the Rules2 by failing to operate the station in accordance with the terms of the station authorization. We
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- Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Birmingham Christian Radio, Inc. (``BCR''),1 licensee of station WNUZ in Talladega, Alabama, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules (``Rules'')2 by failing to maintain operational Emergency Alert System (``EAS'') equipment, and apparently willfully violated Section 73.3526(c) of the Rules3 by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),4 that BCR is apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000). II. BACKGROUND 2. On March 7, 2005, an agent from the Commission's Atlanta Office of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262292A1.html
- Facility ID # 173 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 18, 2005 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Willis Broadcasting Corporation (``Willis''), licensee of station WURB(FM) in Windsor, North Carolina, apparently willfully violated Sections 73.1560(b) and 73.3526(a) of the Commission's Rules (``Rules'')1 by operating overpower and failing to make its complete public inspection file available for inspection during regular business hours. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Willis is apparently liable for forfeiture in the amount of six thousand dollars ($6,000). II. BACKGROUND 2. On March 15,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262293A1.html
- Facility ID # 172 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 18, 2005 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Willis Broadcasting Corporation (``Willis''), licensee of AM station WBTE in Windsor, North Carolina, apparently willfully violated Sections 73.1560(a)(1) and 73.3526(c) of the Commission's Rules (``Rules'')1 by failing to maintain its authorized antenna input power and failing to make material required to be in the public file available for inspection. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Willis is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).
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- FOR FORFEITURE Released: March 3, 2006 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that 127, Inc., licensee of station KLFJ, in Springfield, Missouri, apparently willfully and repeatedly violated Sections 73.1125(a) and 73.1745 of the Commission's Rules ("Rules"), and willfully violated Section 73.3526(a) of the Rules by failing to maintain a main studio, operating overpower during nighttime hours and not providing access to a public file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that 127, Inc. is apparently liable for a forfeiture in the amount of twenty one thousand dollars ($21,000). II. BACKGROUND 2. On
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- ID No. 48814 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 14, 2006 By the District Director, San Diego District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cortaro Broadcasting Corporation ("Cortaro"), the licensee of AM station KCKY, in Coolidge, Arizona, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (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 KCKY is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On August 9, 2005, an agent of the Enforcement Bureau's San Diego
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- ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 20, 2006 By the District Director, San Diego Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that KM Television of Flagstaff, L.L.C. ("KM TV"), the licensee of Television Broadcast station KCFG serving Flagstaff, Arizona, apparently willfully and repeatedly violated Sections 73.3526 of the Commission's Rules (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 KM Television of Flagstaff, L.L.C. is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On August 11, 2005, an agent of the
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- LIABILITY FOR FORFEITURE Released: March 27, 2006 By the District Director, San Diego Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Entravision Holdings, LLC ("Entravision"), licensee of stations KMXX(FM), serving Imperial, California, KWST(AM), serving El Centro, California, and KSEH(FM), serving Brawley, California, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete public inspection file for each station. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Entravision is apparently liable for a forfeiture in the amount twelve thousand dollars ($12,000). II. BACKGROUND 2. On November 29, 2005, an agent from the Enforcement Bureau's
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- 1891 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 25, 2006 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that New Life Broadcasting, Inc. ("New Life"), licensee of FM radio station WBRQ, in Cidra, Puerto Rico, apparently willfully violated Section 73.3526 of the Commission's Rules ("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 New Life is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On February 8, 2006, agents from the Commission's San Juan Office
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- ID # 49815 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 25, 2006 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Dominga Barreto ("Barreto"), licensee of AM radio station WWNA, licensed to Aguadilla, Puerto Rico, apparently willfully violated Section 73.3526 of the Commission's Rules ("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 Barreto is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On April 6, 2006, agents from the Commission's San Juan Office of
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- # 54564 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 3, 2006 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Hacienda San Eladio, Inc. ("Hacienda"), licensee of AM radio station WRRE, in Juncos, Puerto Rico, apparently willfully violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete public inspection file and apparently willfully and repeatedly violated Section 73.1350(a) of the Rules by failing to operate the station in accordance with the terms of the station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Hacienda is apparently liable
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- with not more than 14 months between measurements." The equipment performance measurements were not available and there was no evidence that they had ever been conducted. e. 47 C.F.R. S 73.1800 (a): "The licensee of each station must maintain a station log as required by 73.1820." No station log was available at the time of inspection. f. 47 C.F.R. S 73.3526(e)(13): "Local public notice announcements." No record of local public notice announcements were found in the Public File at the time of inspection. g. 47 C.F.R. S 73.3613 (d)(1): "Each licensee or permittee of a commercial or noncommercial AM, FM, TV or International broadcast station shall file with the FCC copies of the following contracts..." "Time brokerage agreements (also known as
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- 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to NBC Telemundo License Co., licensee of television station KEJT-LP in Salt Lake City, Utah. 2. On April 28, 2006, agents of the Enforcement Bureau's Denver Office inspected station KEJT-LP located in Murray, Utah, and observed the following violation(s): a. 47 C.F.R. S 73.3526(e)(4): "A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding the station."
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-265896A1.html
- Western Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Airwaves, Inc., licensee of television station KULX-CA in Ogden, Utah. 2. On April 28, 2006, agents of the Enforcement Bureau's Denver Office inspected station KULX-CA located in Murray, Utah, and observed the following violation(s): a. 47 C.F.R. S 73.3526(e)(4): "A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding the station."
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266437A1.html
- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 12, 2006 By the District, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Access.1 New York License Company, LLC ("Access.1"), the licensee of AM station WWRL in Secaucus, New Jersey, apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain a radio issues/programs list in the station's public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Access.1 is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). We also admonish Access.1 for failing to maintain the field
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- #22292 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 19, 2006 By the District, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Frank R. Truatt, the licensee of AM station WTBQ in Warwick, New York, apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Truatt is apparently liable for
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- LIABILITY FOR FORFEITURE Released: August 9, 2006 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Una Vez Mas Las Vegas License, LLC. ("Una Vez"), licensee of Class A Television Broadcast station KHDF-CA serving Las Vegas, Nevada, apparently willfully and repeatedly violated Sections 73.3526 of the Commission's Rules (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 Una Vez Mas Las Vegas License, LLC, is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. On May 16, 2006, an agent
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- Facility ID No. 9737 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 23, 2006 By the District Director, Seattle District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that KITZ Radio Inc. ("KITZ Radio"), the licensee of station KITZ(AM), in Silverdale, Washington, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (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 KITZ Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On May 24, 2006, an agent of the Enforcement Bureau's Seattle
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- No. 47567 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 1, 2006 By the Acting District Director, Seattle District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that KITZ Radio Inc. ("KITZ Radio"), the licensee of AM station KGTK, in Olympia, Washington, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules (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 KITZ Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On May 24, 2006, an agent of the Enforcement Bureau's Seattle
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267305A1.html
- Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Carrelo Candido, licensee of AM radio station WFNW, Naugatuk, CT. 2. On June 27, 2006, an agent of the Commission's Boston Office inspected radio station WFNW located at Mallane Lane, Naugatuck, CT, and observed the following violations: a. 47 C.F.R. S 73.3526(e)(5): Every licensee of a commercial broadcast station must maintain in its public inspection file "[a] copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete
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- 27190 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 20, 2006 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ora Roberts Smallwood, III, the licensee of AM radio station WCRR in Rural Retreat, Virginia, apparently willfully violated Sections 11.35 and 73.3526 of the Commission's Rules ("Rules") by failing to maintain operational receiving equipment for required Emergency Alert System ("EAS") monitoring functions and by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Mr. Smallwood is apparently liable for a forfeiture in the amount of eighteen
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- 0002834810 Facility ID # 38640 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 25, 2006 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cumulus Licensing, LLC ("Cumulus"), licensee of station WWLD, Cairo, GA, apparently willfully violated Sections 73.1350(b)(2) and 73.3526 of the Commission's Rules ("Rules") by failing to maintain a control system that provides personnel the capability to continuously control the transmitter and failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Cumulus is apparently liable for a forfeiture in the amount of seven
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268346A1.html
- In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Flagship Communications, Inc. ("Flagship"), the licensee of AM radio station WNWF in Destin, Florida, apparently willfully and repeatedly violated Section 17.57 of the Commission's Rules ("Rules") by failing to notify the Commission of a change in ownership information for antenna structure # 1226311 and apparently willfully violated Section 73.3526 of the Rules by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Flagship is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND 2. On November 30, 2005, agents from the Commission's Tampa Office of the Enforcement
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- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 29, 2006 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that A Radio Company, Inc. ("A Radio"), licensee of AM radio station WEGA, in Vega Baja, Puerto Rico, apparently willfully violated Section 73.3526 of the Commission's Rules ("Rules") by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that A Radio is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. On August 22, 2006, in response to a complaint, agents
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- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 4, 2006 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that MBR Licensee, LLC ("MBR"), licensee of station KIQQ(AM) in Barstow, California and station KIQQ-FM in Newberry Springs, California, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete public inspection file, including a political file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that MBR is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On May 2, 2006, an agent from the
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- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to First Broadcasting of Nevada, Inc., licensee of radio station KXTO, in Reno, Nevada. 2. On September 15, 2006, an agent of the Enforcement Bureau's San Francisco Office inspected radio station KXTO located at 2580 Wrondel, Reno, Nevada, and observed the following violations: a. 47 C.F.R., S 73.3526(e)(1) "A copy of the current FCC authorization to construct or operate the station, as well as any other documents to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization [...]." At the time of inspection, the public file did not contain a copy
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- (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." At the time of inspection, a review of the station's EAS log revealed that all tests after July 3, 2006 were entered in an identical fashion. This resulted in no record of the station receiving or transmitting any monthly tests. b. 47 C.F.R. S 73.3526(e)(4) "Contour Maps. A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate, information, regarding
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- OF APPARENT LIABILITY FOR FORFEITURE Released: December 28, 2006 By the District Director, San Diego Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Multicultural Radio Broadcasting Licensee, LLC ("Multicultural Radio"), the licensee of station KQTL, an AM Broadcast Radio serving Sahuarita, Arizona, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("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 KQTL is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On August 17, 2006, an agent of the Enforcement Bureau's San Diego
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269286A1.html
- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Sherman Broadcasting Corporation, licensee of radio station WOSO, San Juan, Puerto Rico. 2. On December 7, 2006, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected the main studio for AM station WOSO and observed the following violations: a. 47 C.F.R. S 73.3526(e)(12): "Local public inspection file of commercial stations... The material to be retained in the public inspection file is as follows: ... (12) Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period." During the inspection, at
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- ) FRN: 0002834810 Facility ID # 28168 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 3, 2007 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cumulus Licensing, LLC ("Cumulus"), licensee of station WHBX, Tallahassee, Florida, apparently willfully violated Section 73.3526 of the Commission's Rules ("Rules") by failing to make available a complete public inspection file. We also find that Cumulus apparently willfully and repeatedly violated Sections 11.35(a) and 73.1350(b) of the Rules by failing to maintain an Emergency Alert System ("EAS") capable of transmitting an EAS test and failing to maintain a control system that provides personnel the capability to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269486A1.html
- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Freedom Communications of Connecticut, Inc ("Freedom"), licensee of radio station WNEZ(AM) in Windsor, Connecticut. 2. On November 15, 2006, agents of the Enforcement Bureau's Boston Office inspected WNEZ located at 330 Main St. in Hartford, CT, and observed the following violation: 47 C.F.R. S 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
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- 11930, observed the following violations: a. 47 C.F.R. S 73.1870(a): "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator." At the time of inspection, the agent was informed that stations, WBAZ, WBEA, WEHN, and WEHM, had not designated a chief operator. b. 47 C.F.R. S 73.3526(e)(1): "A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any related materials
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- licensed to Perry, Georgia. 2. On December 5, 2006, an agent of the Commission's Atlanta Office of the Enforcement Bureau inspected the public file of AM radio station WPGA, licensed to Perry, Georgia. The studio is located at 1691 Forsyth Street, Macon, Georgia, and is shared with three other stations. The agent observed the following violation: a. 47 C.F.R. S 73.3526(e)(12): "Radio issues/Programs list. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period should be filed." Information regarding programming covering community issues was available at the station, however, such information had not been consolidated in quarterly Issues/Programs lists since
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269887A1.html
- to Perry, Georgia. 2. On December 5, 2006, an agent of the Commission's Atlanta Office of the Enforcement Bureau inspected the public file of FM radio station WPGA-FM , licensed to Perry, Georgia. The studio is located at 1691 Forsyth Street, Macon, Georgia, and is shared with three other stations. The agent observed the following violation: a. 47 C.F.R. S 73.3526(e)(12): "Radio issues/Programs list. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period should be filed." Information regarding programming covering community issues was available at the station, however, such information had not been consolidated in quarterly Issues/Programs lists since
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269888A1.html
- -TV, licensed to Perry, Georgia. 2. On December 5, 2006, an agent of the Commission's Atlanta Office of the Enforcement Bureau inspected the public file of TV station WPGA-TV, licensed to Perry, Georgia. The studio is located at 1691 Forsyth Street, Macon, Georgia, and is shared with three other stations. The agent observed the following violation: a. 47 C.F.R. S 73.3526(e)(11)(i): "Issues/Programs list. For commercial TV broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period should be filed." Information regarding programming covering community issues was available at the station, however, such information had not been consolidated in quarterly Issues/Programs lists since the second quarter
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269889A1.html
- Peach, Inc., licensee of WNEX AM, Macon, Georgia. 2. On December 5, 2006, an agent of the Commission's Atlanta Office inspected the public file of AM radio station WNEX, Macon, Georgia. The WNEX (AM) studio is located at 1691 Forsyth Street, Macon, Georgia, and is shared with three other stations. The agent observed the following violation: a. 47 C.F.R. S 73.3526(e)(12): "Radio issues/Programs list. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period should be filed." Information regarding programming covering community issues was available at the station, however, such information had not been consolidated in quarterly Issues/Programs lists since
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270268A1.html
- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 30, 2007 By the Dallas District Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Community Broadcast Group, Inc., ("Community") licensee of AM Broadcast Radio station KZEY, in Tyler, Texas, apparently willfully and repeatedly violated Sections 73.1350(a) and 73.3526 of the Commission's Rules ("Rules") by failing to operate the station in accordance with the station authorization and failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Community is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). II. BACKGROUND
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270446A1.html
- ) Facility ID: 21152 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 8, 2007 By the District Director, Atlanta Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Fannin County Broadcasting("Fannin"), licensee of FM radio station WPPL, in Blue Ridge, Georgia, apparently willfully violated Section 73.3526 of the Commission's Rules ("Rules") by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Fannin is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On January 17, 2007, agents of the Commission's Atlanta Office of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270621A1.html
- Facility ID # 30278 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 13, 2007 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Wilson Broadcasting, Inc. ("Wilson"), licensee of station WAGF (AM), in Dothan, Alabama, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Wilson is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On January 23, 2007, an agent from the Commission's Atlanta Office of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270622A1.html
- 0004333019 Facility ID # 30279 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 13, 2007 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Wilson Broadcasting, Inc. ("Wilson"), licensee of station WAGF-FM, in Dothan, Alabama, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Wilson is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On January 23, 2007, an agent from the Commission's Atlanta Office of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270623A1.html
- 0004333019 Facility ID # 30280 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 13, 2007 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Wilson Broadcasting, Inc. ("Wilson"), licensee of station WJJN-FM, in Columbia, Alabama, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Wilson is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On January 23, 2007, an agent from the Commission's Atlanta Office of the
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- received from the designated local primary stations from December 31, 2006 through February 3, 2007, and no record that RWTs had been sent by KPGE and KXAZ from January 7 through February 3, 2007. In addition, there was no record that the required monthly test had been received or transmitted for the month of January 2007. c. 47 C.F.R. S 73.3526(e)(5): "Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-271610A1.html
- ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released March 15, 2007 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that HRN Broadcasting, Inc. ("HRN"), licensee of AM broadcast station WZGM in Black Mountain, North Carolina, apparently willfully and repeatedly violated Sections 73.1745(a) and 73.3526 of the Commission's Rules ("Rules") by operating with power other than as specified and made a part of its license and by failing to make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that HRN is apparently liable for a forfeiture in the amount of fourteen thousand dollars
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- found the station operating at reduced power during the day. f. 47 C.F.R. S 73.3615(a): "[E]ach licensee of a commercial AM ... station shall file an Ownership Report on FCC Form 323 when filing the station's license renewal application and every two years thereafter on the anniversary of the date that its renewal application is required to be filed." Section 73.3526(e)(5) requires a copy of the most recent, complete ownership report to be maintained in the station's public inspection file. At the time of inspection, the station's public file only included an incomplete ownership report dated September 24, 2004. As of the inspection, 127, Inc. had not filed an updated ownership report on FCC Form 323. 3. Pursuant to Section 308(b)
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- Section 1.89 of the Commission's Rules, to Quetzal Bilingual Communications, Inc. ("Quetzal"), licensee of radio station KURS, San Diego, California. 2. On March 16, 2007, in response to a complaint, an agent of the Enforcement Bureau's San Diego Office inspected KURS, located at 296 H Street, 3^rd Floor, Chula Vista, CA, and observed the following violations: a. 47 C.F.R. S 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
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- LIABILITY FOR FORFEITURE Released: March 30, 2007 By the District Director, Denver Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Hoak Media of Colorado License, LLC ("Hoak Media"), licensee of Class A television broadcast station KGJT-LP, in Grand Junction, Colorado, apparently willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Commission's Rules ("Rules") by failing to ensure the operational readiness of the station's Emergency Alert System ("EAS") equipment, and 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 Hoak Media is apparently liable for a forfeiture in the amount of eight thousand
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Southern Broadcasting Corporation, licensee of radio station WENA, Yauco, Puerto Rico. 2. On March 22, 2007, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected the main studio for AM station WENA and observed the following violations: a. 47 C.F.R. S 73.3526(e): "Local public inspection file of commercial stations... The material to be retained in the public inspection file is as follows: ... (5) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station... (9) Letters and e-mail from the public. (i) All written comments and suggestions received from the public
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- LIABILITY FOR FORFEITURE Released: May 17, 2007 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Lazer Licenses, LLC, ("Lazer"), the licensee of stations KSBQ(AM), Santa Maria, California, KLMM-FM, Morro Bay, California and KLUN-FM, Paso Robles, California, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain complete public inspection files. 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 twelve thousand dollars ($12,000). II. BACKGROUND 2. On March 6, 2007, an agent of the Enforcement Bureau's Los Angeles Office
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- of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to MBR Licensee, LLC. ("MBR"), licensee of radio station KAEH, Beaumont, California. 2. On April 25, 2007, an agent of the Enforcement Bureau's San Diego Office inspected KAEH, located at 650 S. E Street, Suite H, San Bernardino, CA, and observed the following violations: a. 47 C.F.R. S 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
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- KPSI-FM, Palm Springs, CA; KDES-FM, Palm Springs, CA; KGAM, Palm Springs, CA; KPTR, Cathedral City, CA; and KPSI, Palm Springs, CA. 2. On March 28, 2007, an agent of the Enforcement Bureau's San Diego Office inspected KPSI-FM, KDES-FM, KGAM, KPTR and KPSI, located at 2100 Tahquitz Canyon Way, Palm Springs, CA, and observed the following violation: a. 47 C.F.R. S 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
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- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Prairie Avenue Gospel Center ("PAGC"), licensee of radio station KHCS, Palm Desert, CA 2. On March 29 2007, an agent of the Enforcement Bureau's San Diego Office inspected KHCS, located at 2341 Duane Road, Palm Springs, CA, and observed the following violation: a. 47 C.F.R. S 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-273698A1.html
- This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Maude J. Burdette ("Burdette"), licensee of radio station KBUX, Quartzsite, AZ 2. On March 26 2007, an agent of the Enforcement Bureau's San Diego Office inspected KBUX, located at 16031 Camel Drive, Quartzsite, AZ, and observed the following violation: a. 47 C.F.R. S 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not be limited to the time,
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- 29339 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 6, 2007 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Rama Communications, Inc. ("Rama"), licensee of station WKIQ, in Eustis, Florida, apparently willfully and repeatedly violated Sections 73.1125(a), 73.1350(b)(2) and 73.3526 of the Commission's Rules ("Rules") by failing to maintain full-time managerial and staff personnel at the main studio during normal business hours, failing to maintain the continuous ability to turn its transmitter off, and failing to maintain a complete public inspection file at its main studio. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274289A1.html
- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 15, 2007 By the District Director, Atlanta Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Georgia Eagle Broadcasting, Inc. ("Georgia Eagle"), licensee of AM radio station WCEH, in Hawkinsville, Georgia, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete public inspection file and apparently willfully violated Section 73.3526 of the Rules by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Georgia Eagle is apparently liable for a forfeiture in the amount
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274290A1.html
- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 15, 2007 By the District Director, Atlanta Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Georgia Eagle Broadcasting, Inc. ("Georgia Eagle"), licensee of FM radio station WRPG, in Hawkinsville, Georgia, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete public inspection file and apparently willfully violated Section 73.3526 of the Rules by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Georgia Eagle is apparently liable for a forfeiture in the amount
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274291A1.html
- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 15, 2007 By the District Director, Atlanta Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Georgia Eagle Broadcasting, Inc. ("Georgia Eagle"), licensee of FM radio station WQXZ, in Pinehurst, Georgia, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete public inspection file and apparently willfully violated Section 73.3526 of the Rules by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Georgia Eagle is apparently liable for a forfeiture in the amount
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274348A1.html
- # 33402 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 18, 2007 By the District Director, Denver Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Broadcast Entertainment Corporation ("BEC"), former licensee of stations KICA(AM) and KKYC(FM) serving Clovis, New Mexico, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete public inspection file for each station. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that BEC is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. On January 10, 2007, an agent from the Enforcement
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- # 68130 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 10, 2007 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Radio Woodville, Inc. ("Radio Woodville"), licensee of station KVLL-FM, in Wells, Texas, apparently willfully and repeatedly violated Sections 73.1125(a) and 73.3526 of the Commission's Rules ("Rules") by failing to maintain a main studio and by failing to make maintain or make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Radio Woodville is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). II. BACKGROUND
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- ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 18, 2007 By the District Director of the Boston Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Davidson Media Station WACM Licensee, LLC ("Davidson"), licensee of AM station WACM in West Springfield, Massachusetts, apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain a radio issues/programs list in the station's public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Davidson is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On November 28, 2006, an agent from
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- 0002068641 Facility ID # 54895 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released July 20, 2007 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Radio Wise, Inc. ("Wise"), licensee of AM broadcast station WNVA in Norton, Virginia, apparently willfully violated Section 73.3526 of the Commission's Rules ("Rules") by failing to make available a complete public inspection file and apparently willfully and repeatedly violated Section 73.3526 of the 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 Wise is apparently liable for a forfeiture in the
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- weekly test (RWT) for the months of January 2007 through mid April 2007. Furthermore, the station's log did not contain any record of reception of the RWT from a second monitoring source at any time in April 2007. No station log entries were found indicating the reasons why the tests had not been received or sent. b. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. . . . The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277004A1.html
- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Gulf-California Broadcast Company (Gulf-CA), licensee of Television Broadcast station KESQ-TV, Palm Desert, California. 2. On August 13, 2007, an agent of the Enforcement Bureau's San Diego Office inspected KESQ-TV, located at 42-650 Melanie Place, Palm Desert, California, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(11)(i): "For commercial TV and Class A TV broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. . . . The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277005A1.html
- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Pacific Media Corporation (Pacific Media), licensee of Class A Television station KDFX-CA, Indio/Palm Springs, California. 2. On August 13, 2007, an agent of the Enforcement Bureau's San Diego Office inspected KDFX-CA, located at 42-650 Melanie Place, Palm Desert, California, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(11)(i): "For commercial TV and Class A TV broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. . . . The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277580A1.html
- # 25861 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 6, 2007 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that New World, L.L.C. ("New World"), licensee of station KZTD-AM serving Cabot, Arkansas, 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, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that New World is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On July 17, 2007, in response to a
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- sent by Certified Mail, Return Receipt Requested, and regular mail, to Omni Communications, Inc. at its address of record and to its counsel, John F. Garziglia, Womble, Carlyle, Sandridge & Rice, 1401 Eye Street NW, Seventh Floor, Washington, DC 20005. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 11.35(a) and 73.3526(e)(12). 47 U.S.C. S: 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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- sent by Certified Mail, Return Receipt Requested, and regular mail, to Omni Communications, Inc. at its address of record and to its counsel, John F. Garziglia, Womble, Carlyle, Sandridge & Rice, 1401 Eye Street NW, Seventh Floor, Washington, DC 20005. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 11.35(a) and 73.3526(e)(12). 47 U.S.C. S: 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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- required to be kept by station licensees shall be retained by them for a period of 2 years. ..." On May 2, 2007, the station's EAS logs were not available for inspection. Station management stated that their new engineer had emptied the file cabinets, and they did not know what had happened to the station logs. c. 47 C.F.R. S: 73.3526(e)(11): "For commercial TV and Class A TV broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277919A1.html
- is repetitive. (4) Any entries which may be required in the station records. (See S:73.1820.)." On May 2, 2007, the station records showed continuing problems with the EAS system going back prior to December 1, 2006. There were no signatures showing they had been reviewed by the chief operator, nor an indication of corrective action taken. d. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
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- is repetitive. (4) Any entries which may be required in the station records. (See S:73.1820.)." On May 2, 2007, the station records showed continuing problems with the EAS system going back prior to December 1, 2006. There were no signatures showing they had been reviewed by the chief operator, nor an indication of corrective action taken. d. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
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- ID: 8544 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 5, 2007 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Star Power Communications Corporation ("Star Power"), licensee of station WIQR(AM), in Prattville, Alabama, apparently willfully and repeatedly violated Sections 11.35(a), 73.3526, and 73.49 of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System ("EAS") equipment, failing to maintain and make available a complete public inspection file, and failing to maintain an effective locked enclosure around the base of one of the station towers. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278243A1.html
- ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 14, 2007 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that West Helena Broadcasters, Inc. ("Broadcasters, Inc."), licensee of station KCLT-FM, in West Helena, Arkansas, apparently willfully and repeatedly violated Sections 11.35 and 73.3526 of the Commission's Rules ("Rules") by failing to have an operational Emergency Alert System ("EAS") and failing to maintain and make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Act, that Broadcasters, Inc. is apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000). II. BACKGROUND 2. On August 22, 2007,
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- OF APPARENT LIABILITY FOR FORFEITURE Released: December 20, 2007 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Viva Communications Group, LLC ("Viva"), licensee of AM radio station WSDE, Cobleskill, New York , has apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
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- Facility ID # 68319 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 15, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Tuff-Star-Jam Communication, Inc. ("Tuff-Star-Jam"), licensee of station WWSD (AM), in Quincy, Florida, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain and make available a complete inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Tuff-Star-Jam is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On May 17, 2007, agents from the Commission's Tampa Office
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279739A1.html
- FRN 0003252848 Facility ID #26973 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 22, 2008 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Hensley Broadcasting, the licensee of AM broadcast station WWII in Shiremanstown, Pennsylvania apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain issues/programs lists in the public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Hensley Broadcasting is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). We also admonish Hensley for failing to maintain Emergency Alert System ("EAS")
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- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, Richard D. Tatham, licensee of Class A Television station K36DU, Lake Havasu City, Arizona. 2. On February 26, 2008, an agent of the Enforcement Bureau's San Diego Office inspected K36DU, located at 510 N. Acoma Blvd., Lake Havasu City, AZ, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(11)(i): "For commercial TV and Class A TV broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. . . . The list shall include a brief narrative describing what issues were given significant treatment. The description of the programs shall include, but shall not
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- participants must monitor two Emergency Alert System ("EAS") sources. The monitoring assignment of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook." At the time of inspection, station KLHU-CA was not receiving the second local primary ("LP-2") station KNLB, 99.1 MHz, Lake Havasu City, AZ. c. 47 C.F.R. S: 73.3526(e)(17): Each Class A television broadcast station is required to provide "[d]ocumentation sufficient to demonstrate that [they are] continuing to meet the eligibility requirements set forth in Section 73.6001" of the Rules. There was no documentation found in the station's public inspection file for 2007 indicating that this requirement had been met for KLHU-CA. 3. Pursuant to Section 403 of the
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- ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to FMC Broadcasting, Inc., licensee of radio station KELR-FM, Chariton, Iowa. 2. On March 13, 2008, an agent of the Commission's Kansas City Office of the Enforcement Bureau inspected radio station KELR-FM located at 215 North Main Street in Chariton, Iowa, and observed the following violations: a. 47 C.F.R. S: 73.3526(c): "The file shall be available for public inspection at any time during regular business hours." At the time of inspection, the public inspection file was only available from 9:00 AM to Noon. b. 47 C.F.R. S: 73.3526(e)(6): The material to be retained in the public inspection file is as follows: "Such records as are required by 73.1943 to be kept
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- issued pursuant to Section 1.89 of the Commission's Rules ("Rules") Major Market Stations, Inc. ("Major Market"), licensee of AM radio Station KWRM in Corona, CA. 2. On March 18, 2008, an agent of the Enforcement Bureau's San Diego Office inspected KWRM's public inspection file, located at 210 Radio Road, Corona, California and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. . . . The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs
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- 60271 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 10, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Phillips Broadcasting, LLC ("Phillips"), licensee of stations WAOC and WFOY, in St. Augustine, Florida, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain and make available complete public inspection files. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Phillips is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. Stations WAOC and WFOY are co-located, co-owned stations. On October
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282165A1.html
- ID # 5214 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 2, 2008 By the District Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that D-Mitch Broadcasting, Inc. ("D-Mitch"), licensee of station WBSC (AM), in Bennettsville, South Carolina, apparently willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System ("EAS") equipment and failing to maintain and make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that D-Mitch is apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND
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- WKLB located at Manchester, Kentucky, and observed the following violations: a. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license or in the station records. b. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain a "copy of the current FCC authorization to construct or operate the station...." At the time of inspection, a copy of the authorization had not been placed in the file. c. 47 C.F.R. S: 73.3526(e)(5): The public inspection file shall contain a "copy of the most recent, complete ownership report filed with the FCC
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282256A1.html
- days. b. 47 C.F.R. S:S: 73.1870(a)(1) & (3): The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license. The agents found no written designation of a chief operator for the station. c. 47 C.F.R. S: 73.3526(e)(4): Stations must place a copy of any service contour maps, submitted with any application tendered for filing with the FCC, into the station's public inspection file. There was no service contour map in the public inspection file showing the station's community contour. d. 47 C.F.R. S: 73.3526(e)(8): Stations must maintain a copy of the most recent version of the manual
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- APPARENT LIABILITY FOR FORFEITURE Released: May 30, 2008 By the Acting Interim District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that MBR Licensee, LLC ("MBR"), licensee of station KIQQ(AM) in Barstow, California, and station KIQQ-FM in Newberry Springs, California, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("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 MBR is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On February 6, 2008, an agent from the Enforcement Bureau's Los Angeles
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- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 2, 2008 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Real Life Broadcasting ("Real Life"), licensee of station WIFI, in Florence, New Jersey apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Real
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- Office inspected radio station WXRK and observed the following violations: a. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license or in the station's records. b. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain a "copy of the current FCC authorization to construct or operate the station...." At the time of inspection, a copy of the authorization was not in the public inspection file. c. 47 C.F.R. S: 73.3526(e)(4): The public inspection file shall contain a "copy of any service contour maps, submitted with any application tendered for
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- 29957 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 19, 2008 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that James J. Chladek ("Chladek"), licensee of AM radio station WXMC in Parsippany-Troy Hill, New Jersey, apparently willfully and repeatedly violated Section 73.3526(e)(12) of the Commission's Rules ("Rules) by failing to maintain radio issues/programs lists in the public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Chladek is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On his most recent license renewal application (File No.
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- ID # 71535 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 18, 2008 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Mark V. Aulabaugh ("Aulabaugh"), licensee of stations KSEY and KSEY-FM, in Seymour, 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, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Mr. Aulabaugh is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. Stations KSEY and KSEY-FM are co-located, co-owned stations.
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- of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to James J. Chladek, licensee of radio station WXMC in Parsippany-Troy Hill, New Jersey. 2. On March 17, 2008, an agent of the Commission's New York Office inspected radio station WXMC located at 1 Percypenny Lane, Parsippany, New Jersey, and observed the following violations: a. 47 C.F.R. S: 73.3526(e)(9): "Every permittee or licensee of an AM, FM, TV or Class A TV station in the commercial broadcast services shall maintain a public inspection file containing...[l]etters and e-mail from the public. All written comments and suggestions received from the public regarding operation of the station, unless the letter writer has requested that the letter not be made public or when
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283326A1.html
- inspection. e. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agents found no written designation of a chief operator for the station. f. 47 C.F.R. S: 73.3526(e)(8): Commercial broadcast licensees shall maintain for public inspection a file containing the materials set forth in this section. "At all times, a copy of the most recent version of the manual entitled `The Public and Broadcasting.' There was no copy of "The Public and Broadcasting" in the station's public inspection file. 3. Pursuant to Section 308(b) of the Communications Act
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- inspection. d. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agents found no written designation of a chief operator for the station. e. 47 C.F.R. S:S: 73.3526(e)(8) & (e)(14): Commercial broadcast licensees shall maintain for public inspection a file containing the materials set forth in this section. "At all times, a copy of the most recent version of the manual entitled `The Public and Broadcasting.' "For commercial radio and television stations, a copy of every agreement or contract involving time brokerage of the licensee's station or of
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- # 12189 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 29, 2008 By the Acting Interim District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Creative Broadcasting Services, Inc. ("Creative"), licensee of station KTOX(AM) in Needles, California, apparently willfully and repeatedly violated Section 73.3526 of the Commission's Rules ("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 Creative is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On February 6, 2008, an agent from the Enforcement Bureau's Los Angeles
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- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 5, 2008 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Pentecostal Temple Development Corporation ("PTDC"), licensee of AM station WGBN, in New Kensington, Pennsylvania, apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
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- Number: 55006 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 4, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Rama Communications, Inc. ("Rama"), licensee of station WLAA, in Ocoee, Florida, apparently willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Commission's Rules ("Rules") by failing to maintain an operational Emergency Alert System ("EAS") and failing to maintain and make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Rama is apparently liable for a forfeiture in the amount of sixteen thousand dollars ($16,000). II. BACKGROUND
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- Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Entercom Portland License, LLC, ("Entercom"), licensee of radio station KFXX in Portland, Oregon. 2. On August 14, 2008, an agent of the Enforcement Bureau's Portland Resident Agent Office inspected radio station KFXX, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(4): "Contour Maps. A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding
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- the power output of the transmitter or confirm the operation complied with the station's authorization. d. 47 C.F.R. S: 73.1870(b)(3): "The designation of chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, a written designation of the chief operator could not be produced. e. 47 C.F.R. S: 73.3526(e)(12): Public Inspection File Requirements "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter. The list shall include a brief
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- 16, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Rama Communications, Inc. ("Rama"), licensee of station WOKB, in Winter Garden, Florida and owner of antenna structure numbers 1045401, 1045403 and 1045404, apparently willfully and repeatedly violated Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Commission's Rules ("Rules") by failing to clean or repaint its antenna structures as often as necessary to maintain good visibility, failing to enclose the antenna tower within an effective locked fence or enclosure, operating at times with power other than those specified in its the license, and failing to maintain and make available a complete public inspection file.
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- did not note the missing EAS activations and took no corrective action to determine why some EAS activations were not being received. It is further noted that this violation is repetitive as the last inspection of Alpine-owned station KCXL, conducted on 12/13/96 found that no station operator was reviewing the KCXL logs or taking corrective actions. e. 47 C.F.R. S: 73.3526(e)(9): "All written comments and suggestions received from the public regarding operation of the station, unless the letter writer has requested that the letter not be made public or when the licensee feels that it should be excluded from public inspection because of the nature of its content, such as defamatory or obscene letter. Letters and electronic mail message shall be
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- APPARENT LIABILITY FOR FORFEITURE Released: September 24, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Black Crow Radio, LLC., ("Black Crow"), licensee of AM Broadcast Station WNDB, in Daytona Beach, Florida, apparently willfully and repeatedly violated Sections 11.35(a), 73.44(b), 73.49 and 73.3526 of the Commission's Rules ("Rules") by failing to ensure that Emergency Alert System ("EAS") equipment was installed so that the monitoring and transmitting functions were available during the times the station was in operation, failing to ensure that emissions removed by 60 kHz to 75 kHz from the WNDB fundamental frequency of 1150 kHz are attenuated 65 dB below the
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- FOR FORFEITURE Released: November 21, 2008 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Taylor Communications, Inc. ("Taylor"), licensee of station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246 apparently willfully and apparently repeatedly violated Sections 17.48(a) and 73.3526 of the Commission's Rules ("Rules") by not informing the Federal Aviation Administration ("FAA") of a malfunction of the antenna structure lighting 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 Taylor is apparently liable for a forfeiture in the amount of thirteen
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- I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Mt. Rushmore Broadcasting, Inc. ("Mt. Rushmore"), licensee of stations KRAL(AM) and KIQZ(FM) serving Rawlins, Wyoming, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules ("Rules") by failing to ensure the operational readiness of the KRAL(AM) and KIQZ(FM) Emergency Alert System ("EAS") equipment; Section 73.3526 of the Rules, by failing to maintain a complete public inspection file for KRAL(AM) and KIQZ(FM); and Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules by failing to operate station WHB734, an aural studio-transmitter-link ("STL"), from its licensed location. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Mt. Rushmore is apparently liable
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to New York City Department of Information Technology & Telecommunications, licensee of FM broadcast station WNYE, New York, New York. 2. On February 24, 2009, an agent of the Commission's New York Office inspected radio station WNYE and observed the following violations: a. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain a "copy of the current FCC authorization to construct or operate the station...." At the time of inspection, a copy of the authorization was not in the public inspection file. b. 47 C.F.R. S: 73.3526(e)(4): The public inspection file shall contain a "copy of any service contour maps, submitted with any application tendered for
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- Liability for Forfeiture ("NAL"), we find that HTV/HTN/Hawaiian TV Network, Ltd. ("HTV"), licensee of station KHLU-LP, in Honolulu, Hawaii, apparently willfully and repeatedly violated Section 73.1225(a) of the Rules by failing to make the station available for FCC inspection; Section 73.1125(c) of the Rules by failing to maintain an accessible local main studio in its community of license, and Section 73.3526(c) of the Rules for failing to make the KHLU-LP public inspection file available for public inspection during regular business hours. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that HTV is apparently liable for a forfeiture in the amount of twenty-four thousand dollars ($24,000). II. BACKGROUND 2. On October 28, 2008, Honolulu agents
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- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Western New Life, Inc. ("New Life"), licensee of FM radio station WNEV Culebra, PR. 2. On March 27, 2009, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected WNVE's main studio and observed the following violations: a. 47 C.F.R. S: 73.3526 (e)(5)(7)(12): "Local public inspection file of commercial stations. Contents of the file. The material to be retained in the public inspection file is as follows: (5) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station...(7) Equal Employment Opportunity file. Such information as is required by S:73.2080 to be
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- Virginia ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 5, 2009 By the Acting District Director, Columbia Field Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that R-S Broadcasting Company, Inc. ("R-S Broadcasting"), licensee of station WCWV, in Summersville, West Virginia, apparently willfully and repeatedly violated 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. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that R-S Broadcasting is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On July 22, 2008, the Columbia Field
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- 0004976882 Facility ID # 61649 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 26, 2009 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that WSKQ Licensing, Inc. ("WSKQ"), licensee of commercial station WSKQ-FM, New York, New York, apparently willfully violated Section 73.3526 of the Commission's Rules ("Rules") by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that WSKQ is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On May 15, 2009, an agent from the Commission's New York
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293168A1.html
- FRN 0004976510 Facility ID # 51663 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 26, 2009 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that WPAT Licensing, Inc. ("WPAT"), licensee of commercial station WPAT-FM, Paterson, New Jersey, apparently willfully violated Section 73.3526 of the Commission's Rules ("Rules") by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that WPAT is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On May 15, 2009, an agent from the Commission's New York
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- the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive." Between June 9, 2009 and August 4, 2009, the chief operator failed to sign and date the WVPO station logs at least once a week. g. 47 C.F.R. S: 73.3526(e)(12): Public Inspection File Requirements "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter. The list shall include a brief
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293693A1.html
- the Commission's Rules, to CCR-Sierra Vista IV, LLC ("CCR"), licensee of radio stations KWCD, Bisbee, Arizona, KZMK, Sierra Vista, Arizona, and KTAN, Sierra Vista, Arizona. 2. On September 2, 2009, agents of the Enforcement Bureau's San Diego Office inspected stations KWCD, KZMK and KTAN, located at 2300 Busby Drive, Sierra Vista, Arizona, and observed the following violation: 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. ... The list shall include a brief narrative describing what issues were given significant treatment and what programming that provided this treatment. The description of the programs shall include,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293826A1.html
- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to KZLZ, LLC ("KZLZ"), licensee of broadcast radio station KZLZ in Kearny, Arizona. 2. On September 3, 2009, agents of the Enforcement Bureau's San Diego Office inspected KZLZ, located at 2959 East Grant Road, Tucson, AZ 85716 and observed the following violations: a. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. ... The list shall include a brief narrative describing what issues were given significant treatment and what programming that provided this treatment. The description of the programs shall include,
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- Facility ID # 30573 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 5, 2009 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Univision Radio License Corporation ("Univision"), licensee of commercial station WQBU-FM, Garden City, New York, apparently willfully violated Section 73.3526(c) of the Commission's Rules ("Rules") by failing to make available its political file during a station inspection. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Univision is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On May 13, 2009, an agent from the Commission's
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- Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Salem Media of Oregon, Inc., licensee of FM broadcast station KRYP, Gladstone, Oregon. 2. On November 10, 2009, an agent from the Commission's Portland Resident Agent Office inspected station KRYP and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(12): " Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-295386A1.html
- ID # 162388 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 21, 2009 By the District Director, San Diego District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Hispanic Target Media, Inc. ("HTM"), licensee of station KUKY(FM), in Wellton, Arizona, apparently willfully and repeatedly violated Section 73.3526(a), (b), and (c) of the Rules for failing to maintain a public inspection file, failing to maintain the public inspection file at the main studio of the station, and failing to make the KUKY public inspection file available for public inspection during regular business hours. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),
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- Facility ID #40154 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 11, 2010 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Stone/Collins Communications, Inc. ("Stone/Collins"), licensee of station WEPG(AM), in South Pittsburg, Tennessee, apparently willfully and repeatedly violated Sections 73.49 and 73.3526 of the Commission's Rules ("Rules") by failing to enclose the base of its AM antenna structure within a locked fence and failing to maintain and make a available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Stone/Collins is apparently liable for a forfeiture in the amount of seventeen
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-295821A1.html
- ) Facility ID #67280 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 11, 2010 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Rodgson, Inc. ("Rodgson"), licensee of station WSDQ(AM), in Dunlap, Tennessee, apparently willfully and repeatedly violated Sections 11.35(a), 73.49, and 73.3526 of the Commission's Rules ("Rules") by failing to maintain an operational emergency alert system ("EAS"), failing to enclose the base of an AM tower within an effective locked fence, 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 Rodgson is apparently liable
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296382A1.html
- Number: 27713 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 8, 2010 By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Caron Broadcasting, Inc. ("Caron"), licensee of station WKAT, in North Miami, Florida, apparently willfully and repeatedly violated Sections 73.1745(a) and 73.3526 of the Commission's Rules ("Rules") by operating at times with power other than those specified in its license and failing to maintain and make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Caron is apparently liable for a forfeiture in the amount of eight thousand dollars
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- station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook." A review of WZSK's EAS logs revealed that WZSK was properly monitoring only one EAS source. There was no evidence that the station's EAS equipment was receiving the second local primary (LP-2) radio station WWOT on 100.1 MHz. d. 47 C.F.R. S: 73.3526(e)(4): The public inspection file shall contain a "copy of any service contour maps, submitted with any application tendered for filing with the FCC. . . ." At the time of the inspection, there was no service contour map in the public inspection file showing the station's community contour. e. 47 C.F.R. S: 73.3526(e)(5): The public inspection file shall contain a
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- FORFEITURE Released: March 4, 2010 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Multicultural Radio Broadcasting Licensee, LLC ("Multicultural"), licensee of commercial AM radio stations WZRC, New York, New York, and WKDM, New York, New York, apparently willfully and repeatedly violated Section 73.3526(c) and Section 73.3526(e)(6) of the Commission's Rules ("Rules") by failing to maintain and make available a political file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Multicultural is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. On October 15, 2009, an agent from the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296711A1.html
- Jersey; WNSW in Newark, New Jersey; WWRU in Jersey City, New Jersey; and WKDM in New York, New York. 2. On October 15, 2009 an agent of the Enforcement Bureau's New York Office inspected AM Radio Stations WPAT, WNSW, WWRU, and WKDM at the main studio in New York, New York, and observed the following violations: a. 47 C.F.R. S: 73.3526(e)(5): A station must retain in its public inspection file "[a] copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate .... These materials shall be retained until a new, complete ownership report is filed. . . ." At the time
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296713A1.html
- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Lakeshore Media, LLC ("Lakeshore"), licensee of radio station KMXQ in Socorro, New Mexico. 2. On December 1, 2009, an agent of the Enforcement Bureau's Denver Office inspected radio station KMXQ, licensed to Socorro, New Mexico, and observed the following violations: a. 47 C.F.R. S: 73.3526(e)(5): "A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material...shall be retained until a new, complete ownership report is filed with the FCC..." At the time of inspection, the most recently filed FCC
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-299108A1.html
- 73.1840 of this chapter for all broadcast streams . . . . " At the time of the inspection, the agent found that there were no entries in the station log indicating why tests had not been received from the second local primary (LP-2) KLSD (AM) for various weeks during three months prior to the inspection. b. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October - December, etc.).
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-299626A1.html
- "The EAS Operating Handbook . . . must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." At the time of the inspection, the agent found that no EAS Operating Handbook was available. b. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain a "copy of the current FCC authorization to construct or operate the station...." At the time of inspection, a copy of the authorization was not in the public inspection file. c. 47 C.F.R. S: 73.3526(e)(4): The public inspection file shall contain a "copy of any service contour maps, submitted with any application tendered for
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-301928A1.html
- issued pursuant to Section 1.89 of the Commission's Rules, to New Radio Venture, Inc. ("New Radio"), licensee of AM Broadcast radio station KNUV(AM) - Tolleson, Arizona. 2. On July 21, 2010, an agent of the Enforcement Bureau's San Diego Office inspected KNUV located at 816 N. 1st Avenue, Phoenix, Arizona, and observed the following violation: a. a. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. ... The list shall include a brief narrative describing what issues were given significant treatment and what programming that provided this treatment. The description of the programs shall include,
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- may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." At the time of the inspection, the licensee failed to ensure that, over the three months prior to the inspection, multiple tests of the EAS system were conducted c. 47 C.F.R. S: 73.3526(e)(7): "Equal Employment Opportunity (EEO) file. Such information as is required by S: 73.2080 is to be kept in the public inspection file." At the time of the inspection, the required EEO information was not in KFNX's public inspection file. 3. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital
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- Section 1.89 of the Commission's Rules, Nyack College, must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should certify that Nyack College is now in compliance with Section 73.3526(e) of the Commission's Rules. The response must be complete in itself and signed by an individual with authority to respond on behalf of Nyack College. All replies and documentation sent in response to this Notice should be marked with the File No. and NOV No. specified above, and mailed to the following address: Federal Communications Commission New York Office 201
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- station KHVN's EAS log was missing entries. The missing entries were not explained in the log. b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis for either station KHVN or KKGM. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
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- did not have any EAS logs for April or May of 2010 and did not have an explanation for the missing entries. b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
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- chapter for all broadcast streams . . . . " At the time of the inspection, there were no EAS logs except for the period of December 15, 2009 to July 15, 2010 and these logs had no entries indicating why tests from a second LP source had not been received or re-transmitted for this period. c. 47 C.F.R S: 73.3526(e)(11)(iii): "Children's television programming report. For commercial TV broadcast stations, both analog and digital, on a quarterly basis, a completed Children's Television Programming Report...on FCC Form 398...The Report for each quarter is to be placed in the public inspection file by the tenth day of the succeeding calendar quarter." At the time of the inspection, the most recent report, for the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-305159A1.html
- EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." KIVA failed to ensure that, over the three months prior to the inspection, that RMTs of the EAS system were received and transmitted. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-305160A1.html
- EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." KRKE failed to ensure that, over the three months prior to the inspection, that RMTs of the EAS system were received and transmitted. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-306449A1.html
- Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive." At the time of inspection, the agents observed that the logs were not signed and dated by the chief operator. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for
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- antenna must maintain the indicated relative amplitudes of the antenna monitor currents within 5% of the values specified therein. Directional antenna relative phase currents must be maintained to within 3 degrees of the values specified on the instrument of authorization." At the time of inspection, Station WUCO was operating out of tolerance with its authorized parameters. c. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
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- the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." During the inspection on June 15, 2011, KRTA could not produce the EAS Operating Handbook. b. 47 C.F.R. S: 73.3526(e)(1): "Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
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- the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." During the inspection on June 15, 2011, KEZX could not produce the EAS Operating Handbook. b. 47 C.F.R. S: 73.3526(e)(1): "Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-308426A1.html
- the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." During the inspection on June 15, 2011, KROG could not produce the EAS Operating Handbook. b. 47 C.F.R. S: 73.3526(e)(1): "Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
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- the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." During the inspection on June 15, 2011, KCNA could not produce the EAS Operating Handbook. b. 47 C.F.R. S: 73.3526(e)(1): "Authorization - A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-308429A1.html
- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KBOY-FM in Medford, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KBOY-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-308430A1.html
- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KTMT-FM in Medford, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KTMT-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-308432A1.html
- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KAKT in Phoenix, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KAKT located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-308433A1.html
- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KCMX in Phoenix, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KCMX located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-308434A1.html
- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KTMT in Ashland, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KTMT located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-308436A1.html
- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KCMC-FM in Ashland, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KCMX-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-309784A1.html
- Rules to L. Stanley Wall, licensee of FM Station WLSW in Scottdale, Pennsylvania. This Notice may be combined with a further action, if further action is warranted. 2. On July 18, 2011, an agent of the Commission's Philadelphia Office inspected FM Station WLSW at the station's main studio in Connellsville, Pennsylvania and observed the following violations: a. 47 C.F.R. S: 73.3526(e)(4): "...Every permittee or licensee of an AM, FM, TV or Class A TV station in the commercial broadcast services shall maintain a public inspection file containing...a copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-310100A1.html
- the Enforcement Bureau's Portland Office inspected radio station KURY located at 605 Railroad Avenue, Brookings, Oregon 97850, and observed the following violations: a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant records, as specified in S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries from June 29, 2011 through August 10, 2011. b. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-310101A1.html
- the Enforcement Bureau's Portland Office inspected radio station KURY-FM located at 605 Railroad Avenue, Brookings, Oregon 97850, and observed the following violations: a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant records, as specified in S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries from June 29, 2011 through August 10, 2011. b. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-310869A1.html
- authorization. Upon completion of the review, the chief operator or his designee must date and sign log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive." At the time of inspection, agents determined that there was no evidence that review of station records had been conducted. h. 47 C.F.R. S: 73.3526(e)(8): "Contents of the file. The material to be retained in the public inspection file is as follows: The public and broadcasting. At all times, a copy of the most recent version of the manual entitled "The Public and Broadcasting." At the time of inspection, agents determined that the KHWG(AM) public inspection file was missing a copy of the manual. A
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- activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." KQOL failed to ensure that for the period May 1 - Aug 13, 2011, that RWTs of the EAS system were received and transmitted. b. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-311695A1.html
- Class D non-commercial educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows: Annually, for AM stations, with not more than 14 months between measurements." At the time of inspection, Cantroair had not conducted equipment performance measurements for Station WTZN since 2009. f. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-311710A1.html
- of this part, must accurately reflect the station operation. Any employee making a log entry shall sign the log, thereby attesting to the fact that the entry, or any correction or addition made thereto, is an accurate representation of what transpired." At the time of the inspection, there was no station log of KTRB(AM) station's operation. i. 47 C.F.R. S: 73.3526(e)(5) & (e)(8): "Contents of the file. The material[s] to be retained in the public inspection file [are] ...(5) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-311715A1.html
- be performed anytime. EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." KBKY failed to ensure that, over the three months prior to the inspection, RMTs of the EAS system were transmitted. d. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-312155A1.html
- Dallas Office inspected KSJT-FM located at San Angelo, Texas and observed the following violation(s): a. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain a station log as required by S: 73.1820." At the time of the inspection, Station KSJT-FM maintained no station logs and no records relating to its Emergency Alert System equipment. b. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October--December, April 10 for
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-312185A1.html
- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to QC Communications, Inc., licensee of AM Station WFAI in Salem, New Jersey. 2. On October 26, 2011, and October 28, 2011, agents of the Commission's Philadelphia Office inspected Station WFAI located in Salem, New Jersey and observed the following violations: a. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-312437A1.html
- log, initiate any corrective action which may be necessary and advise the station licensee of any condition which is repetitive." At the time of inspection, no station records were available to determine if the required logs were being maintained or reviewed. During the inspection, the station engineer stated that he was not reviewing the station records. d. 47 C.F.R. S: 73.3526 (e)(5): "Contents of the file. The material to be retained in the public file is as follows: (5) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statement filed with the FCC certifying that the current report is accurate and together with all related material.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-312556A1.html
- completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive." At the time of the inspection on December 15, 2011, the Chief Operator was not signing the station logs. e. 47 C. F. R. S: 73.3526(e)12:.."Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-313071A1.html
- posted at the principal control point. b. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license" On March 2, 2012, an agent from the San Juan Office observed that the chief operator designation was not posted with the station license. c. 47 C.F.R. S: 73.3526(e)(1): "A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization." On March 2, 2012, an agent from the San Juan Office observed that the current station authorization was not part of the station's public
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-313205A1.html
- (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to R & R Radio Corp. (R & R), licensee of radio station KPSI, Palm Springs, CA. 2. On February 1, 2012, an agent of the Enforcement Bureau's San Diego Office inspected the KPSI main studio located in Palm Springs, CA, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(12) - Radio issues/programs lists: "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-313353A1.html
- (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to R & R Radio Corp. (R & R), licensee of radio station KPSI-FM in Palm Springs, CA. 2. On February 1, 2012, an agent of the Enforcement Bureau's San Diego Office inspected radio station KPSI-FM located at Palm Springs, CA, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(12) - Radio issues/programs lists: "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-313354A1.html
- (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to R & R Radio Corp. (R & R), licensee of radio station KPTR in Palm Springs, CA. 2. On February 1, 2012, an agent of the Enforcement Bureau's San Diego Office inspected radio station KPTR located at Palm Springs, CA, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(12) - Radio issues/programs lists: "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-313355A1.html
- (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to R & R Radio Corp. (R & R), licensee of radio station KWXY in Cathedral City, CA. 2. On February 1, 2012, an agent of the Enforcement Bureau's San Diego Office inspected radio station KWXY located at Palm Springs, CA, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(12) - Radio issues/programs lists: "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-313356A1.html
- a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to Glen Barnett, Inc. (GBI), licensee of radio station KDES-FM in Cathedral City, CA. 2. On February 1, 2012, an agent of the Enforcement Bureau's San Diego Office inspected radio station KDES-FM located at Palm Springs, CA, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(12) - Radio issues/programs lists: "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter
- http://www.fcc.gov/eb/Orders/2001/da011364.doc http://www.fcc.gov/eb/Orders/2001/da011364.html
- 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)
- http://www.fcc.gov/eb/Orders/2001/da011581.doc http://www.fcc.gov/eb/Orders/2001/da011581.html
- ) 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
- http://www.fcc.gov/eb/Orders/2001/da011920.doc http://www.fcc.gov/eb/Orders/2001/da011920.html
- 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
- http://www.fcc.gov/eb/Orders/2001/da012032.doc http://www.fcc.gov/eb/Orders/2001/da012032.html
- 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
- http://www.fcc.gov/eb/Orders/2001/da012032cd.doc http://www.fcc.gov/eb/Orders/2001/da012032cd.html
- 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
- http://www.fcc.gov/eb/Orders/2001/da012412.html http://www.fcc.gov/eb/Orders/2001/da012412.pdf
- 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'').1 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
- http://www.fcc.gov/eb/Orders/2001/fcc01044.doc http://www.fcc.gov/eb/Orders/2001/fcc01044.html
- combined main studio. At the time of the September 8, 1998, and April 13, 2000, inspections, the EAS equipment shared by WSTX(AM) and WSTX-FM was installed but was not operational. Family apparently violated Section 11.35 by failing to install and maintain operational EAS equipment. We will add an issue to determine whether Family willfully or repeatedly violated Section 11.35. Section 73.3526 of the Rules requires that broadcast licensees maintain a public inspection file at the main studio of the station and make the file available for inspection at any time during regular business hours. No public inspection files for WSTX(AM) and WSTX-FM were available for review during the April 13, 2000, inspection. Family apparently violated Section 73.3526 by failing to maintain
- http://www.fcc.gov/eb/Orders/2002/DA-02-1849A1.html
- licensee 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 provide
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- No. 200232080010 Licensee of Station WESL(AM) ) FRN: 0005-0159-87 East St. Louis, Illinois ) Facility ID No.72815 ) FORFEITURE ORDER Adopted: July 30, 2002 Released: July 31, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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 response1 to our Notice of Apparent Liability (``NAL'') in this matter,2 we conclude that M&R is liable for a forfeiture in
- http://www.fcc.gov/eb/Orders/2002/DA-02-219A1.html
- 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)2 (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).3 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,
- http://www.fcc.gov/eb/Orders/2002/DA-02-2691A1.html
- 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).6 2. 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
- http://www.fcc.gov/eb/Orders/2002/DA-02-3601A1.html
- 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'').1 However, we conclude that Patrick willfully violated Sections 1.89(b) and 11.35(a) of the Rules and admonish Patrick for these violations. II. BACKGROUND 2. 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
- http://www.fcc.gov/eb/Orders/2002/DA-02-364A1.html
- Bureau and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''). The Consent Decree terminates the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. Fifth Avenue, licensee of WCMI(AM), apparently violated Sections 73.1225(d)(1) (failure to maintain copy of the most recent antenna impedance measurement); 73.1350(a) (failure to operate according to the terms of the station authorization); 73.1690(b)(2) (failure to file a construction permit); 73.3526(e)(1) (failure to maintain copy of current authorization in public inspection file); and 73.3526(e)(12) (failure to maintain issues/programs lists in the public inspection file) of the Commission's Rules.1 2. The Consent Decree provides, that, among other things, Fifth Avenue will implement a Compliance Plan to ensure its future compliance with the Commission's Rules and will make a $10,000 voluntary contribution to
- http://www.fcc.gov/eb/Orders/2002/DA-02-364A2.html
- download the Microsoft Word or Adobe Acrobat version. ***************************************************************** CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission (``Commission or FCC'') and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue'') hereby enter into this Consent Decree for the purpose of terminating a forfeiture proceeding arising from an investigation of Fifth Avenue, for alleged violations of Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1), and 73.3526(e)(12) of the Commission's Rules (``Rules'').1 BACKGROUND 2. On September 14, 2000, the Federal Communications Commission received a complaint that Fifth Avenue had ``...re- located its AM transmission site into another state without prior Commission authorization...''. The complainant requested ``...immediate Commission action to require the termination of the unauthorized and potentially dangerous operations of WCMI(AM).'' On September 25, 2000,
- http://www.fcc.gov/eb/Orders/2002/DA-02-730A1.html
- East St. Louis, Illinois ) Facility ID No.72815 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 28, 2002 Released: March 29, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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. II. BACKGROUND 2. On July 3, 2001, the Enforcement Bureau received a complaint alleging that M&R failed to comply with the Commission's public
- http://www.fcc.gov/eb/Orders/2002/DA-02-882A1.html
- 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, 2001.1 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'').2 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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- NAL/Acct. No. 200232620002 ) FRN 0006-2802-42 FORFEITURE ORDER Adopted: April 23, 2002 Released: April 25, 2002 By the Chief, Enforcement Bureau: 1. 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'').1 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. 2. 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
- http://www.fcc.gov/eb/Orders/2002/FCC-02-213A1.html
- near Spivey, Kansas, apparently liable for a forfeiture in the amount of thirty-nine thousand dollars ($39,000) for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act'')1, and Sections 73.1350(a) and 17.51 of the Commissions Rules (``Rules'').2 Ms. Salazar is also apparently liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules.3 Specifically, we find Ms. Salazar apparently liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert System (``EAS'') equipment at station KTCM(FM); failing to maintain a main studio at an authorized location; and failing to maintain a public inspection
- http://www.fcc.gov/eb/Orders/2002/FCC-02-312A1.html
- failure to operate at the station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. 73.1740(a)); failure to post the station license (47 C.F.R. 73.1230); failure to designate a chief operator (47 C.F.R. 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. 73.3526). 11. On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN was not in compliance with RFR exposure limits. The letter requested that prior to KTMN's return to operational status, measurements be made to determine the appropriate levels at which operation would comply with the FCC's RFR limits at: (1) ground level; (2)
- http://www.fcc.gov/eb/Orders/2002/FCC-02-93A1.html
- liable for a monetary forfeiture in the amount of $15,000 for willful violation of the following sections of the 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).3 For the reasons stated below, we deny KASA Radio's application for review. BACKGROUND 2. On November 17, 2000, the FCC's San Diego, California 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
- http://www.fcc.gov/eb/Orders/2003/DA-03-219A1.html
- ) ) Muscle Shoals, Alabama ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: 1. 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'').1 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
- http://www.fcc.gov/eb/Orders/2003/DA-03-222A1.html
- 0007-2843-67 Pine Bluff, Arkansas ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: 1. 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'').1 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
- http://www.fcc.gov/eb/Orders/2003/DA-03-3320A1.html
- 200332560020 McPherson, Kansas ) FRN 0008-5372-92 ) FORFEITURE ORDER Adopted: October 21, 2003 Released: October 23, 2003 By the Chief, Enforcement Bureau: 1. 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'').1 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.2 Davies has not filed
- http://www.fcc.gov/eb/Orders/2003/DA-03-3564A1.html
- 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").1 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
- http://www.fcc.gov/eb/Orders/2003/DA-03-3785A1.html
- of Station WRTV(TV) ) Facility ID # 40877 Indianapolis, Indiana ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: November 24, 2003 Released: November 26, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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,1 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 2. The Commission received a complaint from Mr.
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- Adopted: December 17, 2003 Released: December 19, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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
- http://www.fcc.gov/eb/Orders/2003/FCC-03-181A1.html
- willful violation of the following sections of the Commission's Rules (``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).4 3. On September 13, 2001, Radio One filed a Petition for Reconsideration of the Forfeiture Order. On January 31, 2002, the Enforcement Bureau issued a Memorandum Opinion and Order5 in which it denied Radio One's Petition for Reconsideration and upheld the Forfeiture Order. On March 4, 2002, Radio One filed an application for
- http://www.fcc.gov/eb/Orders/2003/FCC-03-94A1.html
- licensee of Station KTCM(FM), Kingman, Kansas, and owner of antenna structure number 1057462 near Spivey, Kansas, for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act''),1 and Sections 73.1350(a) and 17.51 of the Commission's Rules (``the Rules'').2 Ms. Salazar is also liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules.3 Specifically, we find Ms. Salazar liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert System (``EAS'') equipment at station KTCM(FM); failing to maintain a main studio at an authorized location; and failing to maintain a public inspection file.
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- FORFEITURE ORDER Adopted: April 14, 2004 Released: April 16, 2004 By the Chief, Enforcement Bureau: 1. 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'').1 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'')1. 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 2. 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. 3.
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- Springhill, Louisiana ) Springfield, Missouri 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").1 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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- FORFEITURE ORDER Adopted: May 28, 2004 Released: June 2, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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. 2. 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
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- warrant a reduction in the forfeiture amount.12 7. 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.13 Metropolitan Radio Group, Inc. owns 100 percent of the assets of Metro Radio.14 Because Metro Radio's parent company has previously violated the rules, we find that a reduction of the assessed forfeiture amount is not warranted. 8. We have examined Metro Radio's response to the NAL pursuant to the statutory factors above, and in conjunction with the
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- ) FORFEITURE ORDER Adopted: July 19, 2004 Released: July 22, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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. 2. 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
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- ) FORFEITURE ORDER Adopted: July 19, 2004 Released: July 22, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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. 2. 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
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- 0008-5822-31 ) ) ) FORFEITURE ORDER Adopted: August 5, 2004 Released: August 9, 2004 By the Chief, Enforcement Bureau: 1. 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'').1 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''),2 the Commission's
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- Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'')1 and for willful violation of Section 73.3526(c)(1) of the Rules.2 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 2. On July 15, 2003, the Commission's Tampa, Florida Office (``Tampa Office'') released a Notice of Apparent Liability for
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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. 21 47 C.F.R. 0.111, 0.311, 1.80(f)(4). 22 47 U.S.C. 504(a). 23 See 47
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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 Rules12 at Radio Station WPWC, Dumfries-Triangle, VA, licensed to JMK. JMK, therefore, has no history of overall compliance.13 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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- Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a forfeiture in the amount of sixteen 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.1 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. 2. On February 18, 2003, the Commission's Kansas City, Missouri Field Office (``Kansas City Office'') released a Notice of Apparent Liability
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- FRN 0004-5420-31 FORFEITURE ORDER Adopted: September 21, 2004 Released: September 23, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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. 2. 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
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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''),1 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").2 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). II. BACKGROUND 2. On August 21, 2002,
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- October 4, 2004 By the Assistant Chief, Enforcement Bureau: 1. 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'').1 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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- ) FRN: 0001567817 FORFEITURE ORDER Adopted: October 1, 2004 Released: October 4, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 The violation involves Butterfield's failure to maintain a copy of station KULE(AM)'s authorization in the station's public inspection file. 2. 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).2 Butterfield filed
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- ) FRN: 0005015425 ) FORFEITURE ORDER Adopted: October 5, 2004 Released: October 8, 2004 By the Assistant Chief, Enforcement Bureau: 1. 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'').1 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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- 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 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'').1 II. BACKGROUND 2. 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
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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.1 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. 2. On March 18, 2003, the Commission's New Orleans, Louisiana District Office (``New Orleans Office'') issued a Notice of
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- Overland Park, Kansas ) FORFEITURE ORDER Adopted: November 9, 2004 Released: November 15, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 The violations involve Community's failure to maintain all required items in the public inspection file (``public file''). 2. 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
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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.7 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, to
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- Kingfisher, Oklahoma ) 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").1 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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- ) FORFEITURE ORDER Adopted: December 22, 2004 Released: December 23, 2004 By the Assistant Chief, Enforcement Bureau: I. 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'').1 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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- FRN 0006-1615-09 ) 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 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").1 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. 2. On March 4, 2004, the District Director of the
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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 Order1 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'').2 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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- ) FORFEITURE ORDER Adopted: April 2, 2004 Released: April 6, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. 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'').1 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. 2. On December 12, 2002, the Commission's Kansas City, Missouri Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') 2 in the amount of three
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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").1 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")2 in the amount of ten thousand dollars ($10,000) to Trade Center. Trade Center
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- the captioned stations during the July 19, November 14, 19, 26 and 27 and December 27, 2001, broadcasts of the ``Bubba the Love Sponge'' program. Furthermore, we find that they each appear to have failed to maintain copies of certain required documents in the public inspection files of each of their respective captioned stations, in apparent willful violation of Section 73.3526(e)(10) of the Commission's rules.2 Based on the totality of the evidence before us and Clear Channel's history of transgressions relating to the broadcast of indecent material over stations licensed to its subsidiaries, we conclude that Clear Channel is apparently liable for a monetary forfeiture in the amount of Seven Hundred Fifty-Five Thousand Dollars ($755,000), the statutory maximum of $27,500 each
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- April 22, 2003,2 and reduce the assessed forfeiture against Salazar to thirty- four thousand dollars ($34,000). The Forfeiture Order imposed a monetary forfeiture in the amount of thirty- nine thousand dollars ($39,000) against Salazar, for willfully and repeatedly violating Sections 301 and 303(q) of the Communications Act of 1934, as amended, (the ``Act'')3 and Sections 11.35(a), 17.51, 73.1125(a), 73.1350(a) and 73.3526 of the Commission's Rules. II. BACKGROUND 2. On April 8, 2002, agents from the Commission's Kansas City, Missouri Field Office (``Field Office'') conducted an on-site investigation of Station KTCM(FM). The agents determined that Salazar was licensed to operate Station KTCM(FM) and that the license specified Kingman, Kansas as the station's community of license. However, the agents found that the station
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- Post Registration Failure to 47 C.F.R. KFRA, KDDK Maintain/Staff 73.1125 Main Studio Failure to 47 C.F.R. KFRA, KDDK Designate Chief 73.1350(a)-(c), Operator 73.1870 Excess operating 47 C.F.R. KDDK power 73.1560(b) Failure to 47 C.F.R. KFRA conduct 73.1590(a)(6) equipment performance measurements Failure to 47 C.F.R. KFRA, KDDK maintain station 73.1800, 73.1820, logs 73.1840 Failure to 47 C.F.R. KFRA, KDDK maintain public 73.3526 file and make public file available TABLE II PAYMENT SCHEDULE Date Amount January 17, $5007 2005 February $1363 15, 2005 March 15, $1363 2005 April 15, $1363 2005 May 16, $1363 2005 June 15, $1363 2005 July 15, $1363 2005 August 15, $1363 2005 September $1363 15, 2005 October 17, $1363 2005 November $1363 15, 2005 December $1363 15, 2005
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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 Order1 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'').2 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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- 25, 2005 Released: July 27, 2005 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 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'').1 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. II. BACKGROUND 2. On March 1, 2005, an agent with the Commission's Kansas City Office of the
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- FORFEITURE ORDER Adopted: August 30, 2005 Released: September 1, 2005 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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").1 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. II. BACKGROUND 2. On March 19, 2004, agents from
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- October 19, 2005 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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.1 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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- Bureau: I. INTRODUCTION 1. 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, 2005.1 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'').2 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 2. On March 1, 2005, an agent with the Kansas City Office of the
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- inches increasing to 18 inches as the property sloped downward. We therefore find that the fence was not effective. 12. 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).14 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.15 13. 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
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- Station WQII(AM), ) San Juan, Puerto Rico ) ORDER Adopted: March 10, 2005 Released: March 11, 2005 By the Chief, Enforcement Bureau: 1. 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,1 and sections 73.1015, 73.3526, 73.3540, and 73.3615 of the Commission's rules,2 in connection with its operation of the station and responses to letters of inquiry sent by the Bureau. 2. The Bureau and CCG have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating
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- COMMISSION ________________________________ _______________ David H. Solomon, Chief Date COMMUNICATIONS COUNSEL GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful 47 C.F.R. 73.1015 written statements to Commission inquiries Failure to accurately and 47 C.F.R. 73.3615 timely complete ownership reports Unauthorized transfer of 47 U.S.C. 310(d); 47 control C.F.R. 73.3540 Failure to make public 47 C.F.R. 73.3526 inspection file available upon request Table II Payment Schedule April 1, 2005 $5,000 May 1, 2005 $2,500 June 1, 2005 $2,500 July 1, 2005 $2,500 August 1, 2005 $2,500 September 1, 2005 $2,500 October 1, 2005 $2,500 November 1, 2005 $2,500 December 1, 2005 $2,500 January 2, 2006 $2,500 February 1, 2006 $2,500 March 1, 2006 $2,500 April 1, 2006
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- amended (``Act'') and Section 73.1350(a) of the Commission's Rules (``Rules''),3 failed to maintain antenna structure lighting in willful and repeated violation of Sections 303(q) of the Act and Section 17.51 of the Rules,4 and failed to comply with the Emergency Alert System, the main studio and the public information requirements in willful and repeated violation of Sections 11.35(a), 73.1125(a) and 73.3526 of the Rules.5 Based on the findings, the Order assessed a forfeiture in the amount of thirty-four thousand dollars ($34,000) against Salazar. 2. In her petition, Salazar provided new information regarding her financial condition. Given the new information, we are reducing the forfeiture amount from $34,000 to $15,500. As reduced, the forfeiture amount is well below the $39,000 total of
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- Adopted: July 27, 2006 Released: August 1, 2006 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 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 2. 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
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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. SS 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. SS 73.3526 and 73.3527 for commercial and noncommercial licensees, respectively. 47 U.S.C. S 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. S 73.3527(a)(2). 47 C.F.R.
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- Released: September 6, 2006 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 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 2. 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
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- I. INTRODUCTION 1. 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 2. On May 11 and 12, 2004,
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- 2006 Released: September 28, 2006 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 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 2. On February 8, 2006, agents from the Commission's San Juan Office of the Enforcement Bureau ("San Juan Office") conducted an inspection of station
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- 2006 Released: November 3, 2006 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 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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- 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. S 73.1125, the chief operator rule, 47 C.F.R. S 73.1350 (a)-(c), the station log rules, 47 C.F.R. SS 73.1800, 73.1820, and 73.1840, the public file rule, 47 C.F.R. S 73.3526, and the Emergency Alert System rules, 47 C.F.R. SS 11.35, 73.1250, 73.1300, and 73.1350(h). 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. See 47 U.S.C. S 310(d); 47 C.F.R. SS 73.3540. See 47 C.F.R. S 73.1125. (...continued from previous page) (continued....) Federal Communications Commission DA 06-2333 7 Federal Communications Commission DA 06-2333 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2333A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2333A1.doc
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- ) FORFEITURE ORDER Adopted: December 7, 2006 Released: December 11, 2006 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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. II. BACKGROUND 2. On September 17, 2003 and December 16, 2003, an agent from the Detroit Office inspected station WEKC. As a result of that inspection,
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- part and deny in part the petition for reconsideration, filed on January 26, 2005 by JMK Communications, Inc. (``JMK''),1 licensee of AM Radio Station WPWC, Dumfries, Virginia, of the Enforcement Bureau's (``Bureau'') Forfeiture Order, released December 27, 2004.2 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'')3 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. II. BACKGROUND 2. 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
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- Released: January 24, 2006 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 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'').1 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 2. 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
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- deny the Application for Review, filed on October 26, 2004 by Radio X Broadcasting Corporation ("Radio X"), licensee of FM Broadcast Station WXLX, Lajas, Puerto Rico, and owner of antenna structure number 1043256, Cabo Rojo, Puerto Rico, of the Enforcement Bureau's ("Bureau") Memorandum Opinion and Order ("Bureau Order"), released September 28, 2004. In affirming willful violations of Sections 17.50 and 73.3526(b) of the Commission's Rules ("Rules"), the Bureau Order granted in part and denied in part Radio X's Petition for Reconsideration of a Bureau Forfeiture Order, and reduced the monetary forfeiture from twenty thousand dollars ($20,000) to sixteen thousand dollars ($16,000). The noted violations involved Radio X's failure to clean or repaint its antenna structure to maintain good visibility and its
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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. S 73.3527. Comparable requirements also apply to commercial stations. See 47 C.F.R. S 73.3526. 47 C.F.R. S 73.3527(b) & (c). See 47 C.F.R. S 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 P 5 (Enf. Bur., Investigations & Hearings Div. 2000). LOI Response at 6.
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- ) ORDER Adopted: March 14, 2007 Released: March 16, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- 2007 Released: March 29, 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 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 2. 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
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- 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- ORDER Adopted: January 24, 2007 Released: January 26, 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 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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- 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 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 2. 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
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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 2. In response to a complaint that HRN was not reducing its transmitting power during nighttime hours, on February 27 and 28, 2006, an agent
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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 2. On April
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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 2. On March 5, 2004, the Commission's Tampa, Florida Field Office ("Tampa Office") issued a
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- FORFEITURE ORDER Adopted: June 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- FORFEITURE ORDER Adopted: June 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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. II. BACKGROUND 2. On September 12, 2002, an agent ("field agent") from the Commission's New
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- July 30, 2007 Released: August 1, 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 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. II. background 2. On June 22, 2006, an agent from the Commission's Norfolk Office of the Enforcement Bureau ("Norfolk Office") conducted a main studio inspection
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- 10, 2007 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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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- Adopted: August 16, 2007 Released: August 20, 2007 By the Associate Chief, Enforcement Bureau: 1. 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"). 2. 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. 3. Based on the record before us, and in the absence of material new evidence relating to this matter, we conclude
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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 2. 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
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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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- Region, Enforcement Bureau: I. INTRODUCTION 1. 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 2. On November 30, 2005, agents from the Commission's Tampa Office of the Enforcement Bureau ("Tampa Office") conducted an inspection of AM radio
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- ) FORFEITURE ORDER Adopted: September 5, 2007 Released: September 7, 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 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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- Adopted: September 7, 2007 Released: September 11, 2007 By the Regional Director, Western Region, 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 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. II. BACKGROUND 2. On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement
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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 2. 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
- http://www.fcc.gov/eb/Orders/2007/DA-07-976A1.html
- 2007 Released: March 8, 2007 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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. II. BACKGROUND 2. On September 15, 2005, an agent from the Commission's New York Office conducted an inspection with Truatt at
- http://www.fcc.gov/eb/Orders/2007/FCC-07-75A1.html
- 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
- http://www.fcc.gov/eb/Orders/2008/DA-08-1110A1.html
- 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. 2. 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. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public
- http://www.fcc.gov/eb/Orders/2008/DA-08-1190A1.html
- FORFEITURE ORDER Adopted: May 20, 2008 Released: May 22, 2008 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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. 21. Western Slope also asserts that its failure to notify the Commission of the change in ownership of antenna structure number was an "inadvertent error"
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- ORDER Adopted: June 27, 2008 Released: July 1, 2008 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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 S: 73.1225(a). 47 C.F.R S: 73.3526(b),(c). 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 73.49. 47 U.S.C. S: 504(a). Federal Communications Commission DA 08-1755 1 3 Federal Communications Commission DA 08-1755 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1755A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1755A1.doc
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- July 29, 2008 Released: July 31, 2008 By the Regional Director, Western Region, Enforcement Bureau: 1. 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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- FORFEITURE ORDER Adopted: September 11, 2008 Released: September 15, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) to New World, L.L.C. ("New World"), licensee of station KZTD-AM serving Cabot, Arkansas, for willful and repeated violation of Section 73.3526 of the Commission's Rules ("Rules"). The noted violation involves New World's failure to maintain and make available a public inspection file. II. BACKGROUND 2. On July 17, 2007, in response to a complaint, agents from the 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
- http://www.fcc.gov/eb/Orders/2008/DA-08-2087A1.html
- ) ) FORFEITURE ORDER Adopted: September 11, 2008 Released: September 15, 2008 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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
- http://www.fcc.gov/eb/Orders/2008/DA-08-216A1.html
- February 22, 2008 By the Regional Director, Western Region, 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 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
- http://www.fcc.gov/eb/Orders/2008/DA-08-2296A1.html
- ) FORFEITURE ORDER Adopted: October 15, 2008 Released: October 17, 2008 By the Regional Director, South Central Region, Enforcement Bureau: 1. 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
- http://www.fcc.gov/eb/Orders/2008/DA-08-2355A1.html
- Released: October 28, 2008 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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. 2. On December 20, 2007, the Buffalo Field Office issued a Notice of Apparent
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- 2008 Released: November 7, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of one thousand 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 2. On August 30, 2007, agents of the Commission's Atlanta Office
- http://www.fcc.gov/eb/Orders/2008/DA-08-2503A1.html
- 26, 2008. The agents also observed that the perimeter property fence gate still remained open and lying on the ground. 5. 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. III. DISCUSSION 6. The proposed forfeiture amount in this case was assessed in accordance
- http://www.fcc.gov/eb/Orders/2008/DA-08-25A1.html
- 7, 2008 Released: January 9, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of 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 2. 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
- http://www.fcc.gov/eb/Orders/2008/DA-08-2666A1.html
- Director, South Central Region, Enforcement Bureau: 1. 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
- http://www.fcc.gov/eb/Orders/2008/DA-08-2724A1.html
- 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 2. On March 6, 2007, an agent of the Enforcement Bureau's Los Angeles Office conducted inspections of the public inspection files for stations
- http://www.fcc.gov/eb/Orders/2008/DA-08-741A1.html
- 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 2. On January 10, 2007, an agent from the Enforcement Bureau's Denver
- http://www.fcc.gov/eb/Orders/2008/DA-08-832A1.html
- the Associate Chief, Enforcement Bureau: 1. 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. 2. 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. 3. After reviewing the terms of the Consent
- http://www.fcc.gov/eb/Orders/2009/DA-09-936A1.html
- I. INTRODUCTION 1. 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
- http://www.fcc.gov/eb/Orders/2010/DA-10-153A1.html
- and Order, 12 FCC Rcd 17087 (1997), reconsideration denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy Statement"). See 47 U.S.C. S: 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. S: 73.3527. We note that comparable requirements also apply to commercial stations. See 47 C.F.R. S: 73.3526. 47 C.F.R. S: 73.3527(b) & (c). See 47 C.F.R. S: 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, P: 19
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- 25, 2010 Released: October 27, 2010 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 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 2. On August 19, 2009, agents of the Enforcement Bureau's Atlanta Office ("Atlanta Office") accompanied by the station
- http://www.fcc.gov/eb/Orders/2010/DA-10-2044A1.html
- October 25, 2010 Released: October 27, 2010 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 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 2. On August 19, 2009, agents from the Enforcement Bureau's Atlanta
- http://www.fcc.gov/eb/Orders/2010/DA-10-2097A1.html
- October 29, 2010 Released: November 1, 2010 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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
- http://www.fcc.gov/eb/Orders/2010/DA-10-2120A1.html
- APPARENT LIABILITY FOR FORFEITURE Adopted: November 3, 2010 Released: November 5, 2010 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On February 24, 2010, an agent from the Enforcement Bureau's Los Angeles Office inspected the main studio of Station KXDZ, located
- http://www.fcc.gov/eb/Orders/2010/DA-10-2156A1.html
- 2010 Released: November 10, 2010 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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
- http://www.fcc.gov/eb/Orders/2010/DA-10-24A1.html
- the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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
- http://www.fcc.gov/eb/Orders/2010/DA-10-26A1.html
- ORDER Adopted: January 7, 2010 Released: January 11, 2010 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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. II. BACKGROUND 2. On August 15, 2008, agents
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- Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. 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. II.
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- ORDER Adopted: May 5, 2010 Released: May 7, 2010 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) to 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://www.fcc.gov/eb/Orders/2010/DA-10-783A1.html
- OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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://www.fcc.gov/eb/Orders/2010/DA-10-784A1.html
- LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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://www.fcc.gov/eb/Orders/2011/DA-11-1062A1.html
- 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: I. INTRODUCTION 1. 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://www.fcc.gov/eb/Orders/2011/DA-11-1123A1.html
- AND ORDER Adopted: June 30, 2011 Released: June 30, 2011 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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://www.fcc.gov/eb/Orders/2011/DA-11-1194A1.html
- FORFEITURE AND ORDER Adopted: July 18, 2011 Released: July 18, 2011 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- 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. S: 503(b), 47 C.F.R. S:S: 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. S: 504(a). Federal Communications Commission DA 11-1233 1 5 Federal Communications Commission DA 11-1233 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.doc
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- ) ) 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On September 22, 2010, an agent from the Enforcement Bureau's Los Angeles Office
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- ORDER Adopted: September 7, 2011 Released: September 7, 2011 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 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 2. 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
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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"). II. Background 2. 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)
- http://www.fcc.gov/eb/Orders/2011/DA-11-1528A1.html
- Enforcement Bureau: I. INTRODUCTION 1. 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 2. On September 25, 2008, in response to a complaint alleging violations concerning antenna structure number 1038246, agents from the Enforcement Bureau's New Orleans
- http://www.fcc.gov/eb/Orders/2011/DA-11-1704A1.html
- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 12, 2011 Released: October 14, 2011 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- 2011 Released: October 27, 2011 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 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 2. On May 16, 2011, the Enforcement Bureau's Houston Office ("Houston Office") issued a
- http://www.fcc.gov/eb/Orders/2011/DA-11-1822A1.html
- ORDER Adopted: October 31, 2011 Released: November 1, 2011 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-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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- FOR FORFEITURE AND ORDER Adopted: February 7, 2011 Released: February 9, 2011 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. Introduction 1. 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://www.fcc.gov/eb/Orders/2011/DA-11-231A1.html
- 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: I. INTRODUCTION 1. 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. II. BACKGROUND
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- Enforcement Bureau: 1. 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. 2. The Bureau and Hanmi have negotiated
- http://www.fcc.gov/eb/Orders/2011/DA-11-352A1.html
- ID # 23437 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 24, 2011 Released: February 25, 2011 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On November 17, 2009, an agent from the Enforcement Bureau's Philadelphia Office conducted an inspection with Station
- http://www.fcc.gov/eb/Orders/2011/DA-11-724A1.html
- 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). II. BACKGROUND 2. 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://www.fcc.gov/eb/Orders/2011/DA-11-809A1.html
- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 2, 2011 Released: May 3, 2011 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On October 26, 2010, agents from the Enforcement Bureau's Chicago Office conducted an inspection with Station
- http://www.fcc.gov/eb/Orders/2011/DA-11-824A1.html
- South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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 2.
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- ORDER Adopted: May 16, 2011 Released: May 16, 2011 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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
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- FOR FORFEITURE AND ORDER Adopted: May 17, 2011 Released: May 17, 2011 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On October 7, 2010, in
- http://www.fcc.gov/eb/Orders/2011/DA-11-886A1.html
- 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On April 21, 2010, agents from the Enforcement Bureau's San Diego Office inspected
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- May 17, 2011 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 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 2. As discussed in detail in the Notice of Apparent Liability ("NAL") in
- http://www.fcc.gov/eb/Orders/2011/DA-11-900A1.html
- 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). II. BACKGROUND 2. On April 20, 2010, in response
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- 18, 2011 Released: May 19, 2011 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On April 20, 2010, in response to a complaint regarding possible rule violations, an agent from
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- ORDER Adopted: May 23, 2011 Released: May 24, 2011 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 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 2. 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
- http://www.fcc.gov/eb/Orders/2011/DA-11-940A1.html
- ) ) 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On August 24, 2010, an agent from the Enforcement Bureau's Columbia Office conducted an inspection during
- http://www.fcc.gov/eb/Orders/2011/DA-11-941A1.html
- 170948 ) ) 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On August 24, 2010, an agent from the Enforcement Bureau's Columbia Office conducted a routine inspection
- http://www.fcc.gov/eb/Orders/2011/DA-11-954A1.html
- 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On June 22, 2010, agents from the Enforcement Bureau's San Diego Office ("San Diego Office")
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- LIABILITY FOR FORFEITURE AND ORDER Adopted: February 7, 2012 Released: February 7, 2012 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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
- http://www.fcc.gov/eb/Orders/2012/DA-12-157A1.html
- INTRODUCTION 1. 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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- LIABILITY FOR FORFEITURE AND ORDER Adopted: February 14, 2012 Released: February 14, 2012 By the Acting District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. 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
- http://www.fcc.gov/eb/Orders/2012/DA-12-341A1.html
- AND ORDER Adopted: March 8, 2012 Released: March 8, 2012 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- Released: March 30, 2012 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 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 2. On June 30, 2011, the Enforcement Bureau's Houston Office (Houston Office) issued a Notice of Apparent Liability for Forfeiture
- http://www.fcc.gov/eb/Orders/2012/DA-12-527A1.html
- 2012 By the Regional Director, Northeast Region, 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 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 2. On November 1,
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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
- http://www.fcc.gov/eb/Orders/2012/DA-12-608A1.html
- FORFEITURE ORDER Adopted: April 18, 2012 Released: April 19, 2012 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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
- http://www.fcc.gov/eb/Orders/2012/DA-12-702A1.html
- Enforcement Bureau: 1. 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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- Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. 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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- Enforcement Bureau: I. INTRODUCTION 1. 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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- Bureau: I. INTRODUCTION 1. 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. S: 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. S: 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. S: 503(b).
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- ) 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: I. INTRODUCTION 1. 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). II. BACKGROUND 2. On October 13, 2011 agents from the Enforcement Bureau's Houston Office (Houston Office) inspected the public inspection file for Station KBPO located
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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 2. 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
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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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- X3264001 FORFEITURE ORDER Adopted: July 27, 2000 Released: July 31, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) against Booth-Newsome Broadcasting, Inc. (``Booth''), licensee of AM station WKTE, King, North Carolina, for willfully and repeatedly violating Sections 11.35, 73.1590(a)(6), 73.1590(b), and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Booth's failure to install Emergency Alert System (EAS) equipment, to perform the required annual measurements for spurious and harmonic emissions and to maintain a complete and up-to-date public inspection file at WKTE. 2. On April 17, 2000, the Commission's Norfolk, Virginia, Resident Agent Office (``Norfolk Office'') issued a Notice of Apparent
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- ) ) File No. EB-00-IH-0145 NAL/Acct. No. X32080033 Facility No. 7730 JJS NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: September 21, 2000 Released: September 22, 2000 By the Chief, Investigations and Hearings Division, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that Riverside Broadcasting, Inc. (``Riverside''), licensee of station WIMX(FM), Gibsonburg, Ohio, apparently violated Section 73.3526 of the Commission's rules, 47 C.F.R. 73.3526, by denying access to its public inspection file on June 13 and 14, 2000, and by not maintaining a complete public inspection file at that time. We conclude that Riverside is apparently liable for a ten thousand dollar ($10,000) forfeiture. Background On June 14, 2000, the Enforcement Bureau received a complaint from
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- Ouray, Colorado ) ) ) ) ) ) ) File No. 99030159 NAL/Acct. No. X32080007 JJS NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 15, 2000 Released: March 16, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that WS Communications, L.L.C. (``WS''), licensee of station KWGL(FM), Ouray, Colorado, apparently violated Section 73.3526 of the Commission's rules, 47 C.F.R. 73.3526, by not maintaining a public inspection file from February 1999 through August 1999. We also find that WS 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. We conclude that WS is apparently liable
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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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- the Communications Act of 1934, as amended (``the Act'') and Section 1.80 of the Commission's Rules (``the Rules'') the former Compliance and Information Bureau ("CIB") found WGUL-FM, Inc. liable for a monetary forfeiture in the amount of $7,000 for willful and continuous violation of rule sections 11.52(d) (EAS code and attention signal monitoring requirements), 11.61(a) (tests of EAS procedures), and 73.3526(c) (availability of public inspection file for public inspection). For the reasons discussed below, we lower the forfeiture to $5,000. BACKGROUND 2. In response to a complaint concerning unintentional emissions, the Tampa Florida Field Office ("Field Office") inspected WINV(AM)'s operating facilities. The inspection revealed the aforementioned violations. On March 31, 1998, the Field Office issued an Official Notice of Violation ("NOV")
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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
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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 Services, Houston,
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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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- 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 Signal Leakage
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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 * Hoonaauao 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 of
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- PA District 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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- NOTICES 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
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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,
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- C.F.R. 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,
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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,
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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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- South Dakota. NOV also issued for violation of 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Denver, CO Office (5/2/00). Ubik Corporation. NOV also issued for violation of 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inpection File), and 73.3615 (Ownership Reports). Anchorage, AK Office (5/25/00). 47 C.F.R. 1.89 (Notice of Violation) George McClellan, Suffolk, VA. Failure to respond to previous NOV regarding violation of 47 C.F.R. 17.4 (Antenna Structure Registration). Norfolk, VA Office (5/19/00). Crystal Dawn, Inc., Manteo, NC. Failure to file complete response to previous NOV regarding violation of 47 C.F.R.
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- EAS Procedures). Columbia, MD District Office (6/15/00). Central Ozark Radio Network, Inc., (KUPH), West Plains, MO. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 73.267 (Determining Operating Power), 73.1215 (Specifications for Indicating Instruments), 73.1400 (Transmission System Monitoring and Control), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73/1870 (Chief Operator), and 73.3526 (Public Inspection File). Kansas City, MO District Office (6/27/00). Triton College, River Grove, IL. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness) and 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/27/00). J & A, Inc., Hot Springs, AR. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness) and 73.1820 (Station Log). New Orleans, LA District Office (6/28/00).
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- 73.1840 (Retention of Logs), and 73.1870 (Chief Operators). Dallas, TX Office (7/5/00). Electronic Applications Radio Service, WLHN(AM) Muncie, IN. Other violation: 47 C.F.R. 73.1820 (Station Log). Chicago, IL District Office (7/18/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Birach Broadcasting Corp., Southfield, MI (WNWI(AM), Riverdale, IL). Other violations: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Public Inspection File). Chicago, IL District Office (7/3/00). Full Gospel Church of God, Lumber City, GA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirments), 11.61 (Tests of EAS Procedures), and 17.4 (Antenna Structure Registration). Atlanta, GA District Office (7/13/00). Tri-County Broadcasting, Inc., Hawkinsville, GA. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Atlanta,
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- 11.35 - Equipment Operations Readiness Cox Communications, Inc., El Dorado, AR. $4,000 NAL. New Orleans, LA District Office (8/8/00). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. 17.4 - Antenna Structure Registration Church Point Ministries, Baton Rouge, LA. $15,000 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission System Fencing Requirements) and 73.3526 (Local Public Inspection File For Commercial Stations). New Orleans, LA District Office (8/21/00). 47 C.F.R. Part 80 - Safety and Special Radio Services 47 C.F.R. 80.373 - Private Communications Frequencies GNOTS Reserve, Inc., Destrehan, LA. $4,000 NAL. New Orleans, LA District Office (8/23/00). NOTICES OF VIOLATION 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. 1.89 -
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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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- Office (2/14/00). SCI/STEELCON, Kalamazoo, MI. Detroit, MI Office (2/24/00). 47 C.F.R. Part 11 (Emergency Alert System (EAS) Rules) United Broadcasting Company, Inc., KTKK(AM), South Jordan, UT. NOV also issued for violation of numerous rules under 47 C.F.R. Part 73. Denver, CO Office (1/7/00). Richard Lee Harvey, Radio Station WBHX(FM), Tuckerton, NJ. NOV also issued for violation of 47 C.F.R. 73.3526(a)(12) (failure to maintain Issues-Programs Lists) and 47 C.F.R. 73.1870(b)(3) (failure to designate a Chief Operator for the station). Philadelphia, PA Office (1/11/00). Coastal Broadcasting Systems, Radio Station WCZT-FM, Cape May Court House, NJ. NOV also issued for violation of 47 C.F.R. 73.1230(a) (posting expired license at principal control point of transmitter at time of inspection). Philadelphia, PA Office
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- Rules) 47 C.F.R. 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. 11.35 (Equipment Operational Readiness) Key West Education
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- for unlicensed operation on frequencies assigned to the Private Land Mobile Radio Services at a site in Kenner, LA. New Orleans, LA Office (4/26/2000). 47 C.F.R. Part 11 (Emergency Alert System Rules) 47 C.F.R. 11.35 (Equipment Operational Readiness) Booth-Newsome Broadcasting, Inc., WKTE. Issued $20,000 NAL. NAL also issued for apparent violation of 47 C.F.R. 73.1590(a)(6) and (b) and 73.3526(a)(2). Norfolk, VA Office (4/17/00). Pride Radio Licensee, Inc., licensee of Radio Station WLLI-FM, Joliet, IL. Issued $4,000 NAL. NAL also issued for apparent violation of 47 C.F.R. 11.61(a)(1)(v) and (a)(2)(ii)(A). Chicago, IL Office (4/19/00). Pride Radio Licensee, Inc., licensee of Radio Station WJTW, Joliet, IL. Issued $4,000 NAL. NAL also issued for apparent violation of 47 C.F.R. 11.61(a)(1)(v)
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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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- 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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- - 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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- 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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- (8/1/01). 47 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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- * 47 U.S.C. 301 Unauthorized Operation * David Edwin Merrell, Wichita Falls, TX. $10,000 NAL. Dallas, TX District Office (9/10/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.1225 Station Inspections By FCC * Fifth Avenue Broadcasting Co., Inc., WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 90.233 (Base/Mobile Non Voice Operations), and 90.403 (General Operating Requirements). Denver, CO District Office (9/17/01). *
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- LIABILITY Communications Act * 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). * New World Broadcasting
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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.
- http://www.fcc.gov/eb/broadcast/pif.html
- Public Inspection File [10]Skip Breadcrumb Site Navigation Links [11]FCC > [12]EB > [13]Broadcast > PIF [14]site map Search the FCC: _______________ Submit [15]Help | [16]Advanced | [17]Share Requirement to Maintain a Public Inspection File The FCC's rules require all broadcast stations and applicants for new stations to maintain a file available for public inspection. These rules are located in Sections 73.3526 (commercial broadcast services) and 73.3527 (noncommercial educational broadcast services) of the Commission's rules, 47 C.F.R. 73.3526 and 73.3527. The public inspection file generally must be maintained at the station's main studio. An applicant for a new station or change of community must maintain its file at any accessible place in the proposed community of license or at its proposed main
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- ) ) File No. EB-00-IH-0145 NAL/Acct. No. X32080033 Facility No. 7730 JJS NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: September 21, 2000 Released: September 22, 2000 By the Chief, Investigations and Hearings Division, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that Riverside Broadcasting, Inc. (``Riverside''), licensee of station WIMX(FM), Gibsonburg, Ohio, apparently violated Section 73.3526 of the Commission's rules, 47 C.F.R. 73.3526, by denying access to its public inspection file on June 13 and 14, 2000, and by not maintaining a complete public inspection file at that time. We conclude that Riverside is apparently liable for a ten thousand dollar ($10,000) forfeiture. Background On June 14, 2000, the Enforcement Bureau received a complaint from
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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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- 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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- 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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- 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
- http://www.fcc.gov/fcc-bin/audio/DA-06-2090A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2090A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-06-2341A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2341A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-06-2344A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2344A1.pdf
- 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.
- http://www.fcc.gov/fcc-bin/audio/DA-06-2351A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2351A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-06-500A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-500A1.pdf
- (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
- http://www.fcc.gov/fcc-bin/audio/DA-06-756A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-756A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-06-758A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-758A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-06-759A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-759A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-129A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-129A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-1329A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1329A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-1348A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1348A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-1440A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1440A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-1441A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1441A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-1550A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1550A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-1810A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1810A1.pdf
- 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
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- 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)
- http://www.fcc.gov/fcc-bin/audio/DA-07-1963A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1963A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-1964A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1964A1.pdf
- 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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- ``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
- http://www.fcc.gov/fcc-bin/audio/DA-07-214A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-214A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-215A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-215A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-216A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-216A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-217A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-217A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-218A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-218A1.pdf
- 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://www.fcc.gov/fcc-bin/audio/DA-07-219A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-219A1.pdf
- 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://www.fcc.gov/fcc-bin/audio/DA-07-220A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-220A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-2789A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2789A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-2790A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2790A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-3003A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3003A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-3004A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3004A1.pdf
- 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
- http://www.fcc.gov/fcc-bin/audio/DA-07-3005A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3005A1.pdf
- 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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- 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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- 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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- 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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- 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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- 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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- 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
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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 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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- (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
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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 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.
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- 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
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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 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
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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-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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- 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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- 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
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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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- 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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- 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,
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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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- 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
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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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- 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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- 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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- 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
- http://www.fcc.gov/fcc-bin/audio/DA-08-297A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-297A1.pdf
- 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 " hW 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, NtRb 7PUZS 'wpˈ
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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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- 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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- 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
- http://www.fcc.gov/fcc-bin/audio/DA-08-755A2.doc http://www.fcc.gov/fcc-bin/audio/DA-08-755A2.pdf
- 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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- 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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- 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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- 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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- 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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- 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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- 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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- 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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- 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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- 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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- 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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- 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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- 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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- 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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- 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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- 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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- ($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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- 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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- 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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- 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
- http://www.fcc.gov/fcc-bin/audio/DA-11-308A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-308A1.pdf
- 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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- 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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- 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.''
- http://www.fcc.gov/fcc-bin/audio/DA-11-691A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-691A1.pdf
- 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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- File No. BRH-20040802BCX MEMORANDUM OPINION AND ORDER Adopted: April 14, 2011 Released: April 15, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION 1. Saga Communications of Illinois, Inc. (``Saga''), licensee of Station WYMG(FM), Chatham, Illinois (``Station''), filed a Petition for Reconsideration (the ``Petition'') of the Forfeiture Order 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 the Station. In this Memorandum Opinion and Order, we deny reconsideration in the Petition and affirm the forfeiture issued by the Media Bureau, Audio Division (``Bureau'') in the amount of nine thousand dollars ($9,000) to Saga. II. BACKGROUND 2. On August 2, 2004, Saga filed an
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- unauthorized operation of its station). Request at 3. See New Inspiration Broadcasting Co., Inc., Forfeiture Order, 24 FCC Rcd 3205 (MB 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 Best Media, Inc., Forfeiture Order, 24 FCC Rcd 4140, 4142 (MB 2009) (rejecting the argument that voluntary disclosure of a violation of the Rules regarding filing timely renewal applications warrants reduction of a proposed forfeiture). See, e.g., WLVV,
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- By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of The Padner Group, LLC (``Licensee'') for renewal of its license for WODR(FM), Fair Bluff, North Carolina (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WODR(FM) public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 24, 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of WJZT Communications, LLC (``Licensee'') for renewal of its license for WTSM(FM), Woodville, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), 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 WTSM(FM) public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 2001) (Notice of Violation issued to the Station on March 29, 2001, for violations of 47 C.F.R. 17.4(a) (antenna structure registration); 17.51 (time when lights should be exhibited); 73.49 (AM transmission system fencing requirements); 73.1125 (station main studio location); 73.1201 (station identification); 73.1150 (transmission system operation), 73.1560 (operating power and mode tolerances); 73.1745 (unauthorized operation); 73.1820 (station log); and 73.3526 (contents of public inspection file for commercial stations); Enforcement Bureau Field Operation List of Actions Taken, Public Notice, 16 FCC Rcd 21310, 21310 (EB 2001) ($20,000 Notice of Apparent Liability issued to CWH for violation of 47 C.F.R. 17.4(a) (antenna structure registration); 47 C.F.R. 17.51 (time when lights should be exhibited) and 73.49 (AM transmission system fencing requirements);
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- the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Double O South Carolina Corporation (``Licensee'') for renewal of its license for WWNQ(FM), Forest Acres, South Carolina (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WWNQ(FM) public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of WSBH FM, LLC (``Licensee'') for renewal of its license for WSBH(FM), Satellite Beach, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), 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 WSBH(FM) public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of WHLG FM, LLC (``Licensee'') for renewal of its license for WHLG(FM), Port St. Lucie, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), 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 WHLG(FM) public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Opus Broadcasting Tallahassee, LLC, (``Licensee'') for renewal of its license for Station WHTF(FM), Havana, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the Station's public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Opus Broadcasting Tallahassee, LLC, (``Licensee'') for renewal of its license for Station WWOF(FM), Tallahassee, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the Station's public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Opus Broadcasting Tallahassee, LLC, (``Licensee'') for renewal of its license for Station WANK(FM), Lafayette, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the Station's public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Opus Broadcasting Tallahassee, LLC, (``Licensee'') for renewal of its license for Station WQTL(FM), Tallahassee, Florida (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the Station's public inspection file. Based upon our review of the record before us, we conclude that 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 licensee to maintain a public
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- 47 U.S.C. 336(f)(2)(A)(ii); see also In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6366 (2000), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-56 (2001); 47 C.F.R. 73.6001, 73.6026. KXTM-LP was granted Class A status in 2001. See 47 C.F.R. 73.671, 73.3526 and 73.6026. 47 U.S.C. 316(a). Reclassification of License of Class A Television Station KXTM-LP, San Antonio, Texas, Order to Show Cause, DA 12-284 (Vid. Div. rel. Feb. 28, 2012). In addition to the period covering 2006 through 2010, the Order to Show Cause noted that Lopez had also failed to file Children's Television Programming Reports for all four quarters
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- 1.80. The Bureau has delegated authority to issue the NAL under Section 0.283 of the Rules. See 47 C.F.R. 0.283. See 47 C.F.R. 73.3527. Cf. Letter to Kathleen N. Benfield, 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). See 47 C.F.R. 73.3526(e)(12). The Station's initial covering license application (File No. BLED-20010125ABQ) was granted on March 30, 2006. See Broadcast Actions, Public Notice, Report No. 46206 p.4 (rel. Apr. 4, 2006). Application, Exhibit 12. See Padre Serra Communications, Inc., Letter, 14 FCC Rcd 9709 (MMB 1999), citing Gaffney Broadcasting, Inc., Memorandum Opinion and Order, 23 FCC 2d 912, 913 (1970), Eleven Ten Broadcasting
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- Consent Decree entered into by the Media Bureau (the ``Bureau'') and Media Ministries, Inc. (the ``Licensee''), licensee of non-commercial educational radio station KBMQ(FM), Monroe, Louisiana and commercial radio station KLIC(AM), Monroe, Louisiana (the ``Stations''). 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 Sections 73.3526 and 73.3527 of the Commission's Rules (the ``Rules''). 2. The Consent Decree provides, among other things, that the Licensee will institute and maintain, for three years, a Compliance Plan for the Stations and make a $7,500 voluntary contribution to the United States Treasury. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the
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- 1 0 0 1 347.5 162.75 Tm 97 Tz /OPBaseFont1 11 Tf (of the Commission's Rules, 47 C.F.R.) Tj 1 0 0 1 165.1 149.299 Tm 78 Tz () Tj 1 0 0 1 172.8 151 Tm 96 Tz /OPBaseFont2 11 Tf (73.3527) Tj 1 0 0 1 210.45 150.549 Tm /OPBaseFont1 11 Tf (\(with respect to KBMQ\) and Section 73.3526 of the Commission's Rules,) Tj 1 0 0 1 164.4 138.549 Tm (47 C.F.R. 73.3526 \(with respect to KLIC\);) Tj 1 0 0 1 148.8 113.549 Tm 97 Tz (\(m\) "Rules" means the Commission's Rules, found in Title 47 of the Code of Federal) Tj 1 0 0 1 169.4 101.799 Tm 96 Tz (Regulations;) Tj ET endstream endobj 20
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- Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the captioned applications of Yeary Broadcasting, Inc. (``Licensee''), for renewal of its licenses for Station WXLZ(AM), St. Paul, Virginia, and Station WXLZ-FM, Lebanon, Virginia (collectively, ``Stations''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Licensee apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to retain all required documentation in the WXLZ(AM) and WXLZ-FM public inspection files. Based upon our review of the record before us, we conclude that Licensee is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000) and that the captioned license renewal applications should be granted for a period of
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- local public inspection files, with confidential or proprietary information redacted where appropriate. Id. UCC Petition at 18-22. NAB Opposition at 4-5. Telecommunications Act of 1996, Pub. L. No. 104-104, 202(g), 110 Stat. 56 (1996). H.R. Conf. Rep. No. 104-458, at 163 (1996). UCC Petition at 22-23. Report and Order, 14 FCC Rcd at 12601-02, 94; 47 C.F.R. 73.3526(e)(14). Report and Order, 14 FCC Rcd at 12602, 95. Report and Order, 14 FCC Rcd at 12604, 100 (citing Notice of Inquiry in MM Docket No. 87-154, 2 FCC Rcd 3699 (1987)). Report and Order, 14 FCC Rcd at 12609, 112. In 1989, the Commission limited portions of the cross-interest policy so that it would no longer
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- WORLD, January 7, 2004. 47 U.S.C. 336(e). See id. We note that Section 336(e) of the Act sets forth factors for the Commission to consider in establishing fees for ancillary DTV services. Id. See February 19, 2002, Comments of iBiquity at 11. See DAB R&O, 17 FCC Rcd at 20003. 47 U.S.C. 303. See, e.g., 47 C.F.R. 73.3526(e)(12) (commercial stations) and 47 C.F.R. 73.3527(e)(8) (noncommercial stations). In the SDARS Report and Order, the Commission held that satellite radio companies should comply with Sections 312 and 315 of the Act because the political broadcast provisions "make a significant contribution to freedom of expression by enhancing the ability of candidates to present, and the public to receive, information necessary
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- ``'bedrock obligation' of every broadcast licensee,'' citing Deregulation of Radio, 84 F.C.C.2d 968, 977, 982, on recon., 87 F.C.C.2d 797 (1981), remanded on other grounds sub nom., Office of Communication of the United Church of Christ v. F.C.C., 707 F.2d 1413 (D.C. Cir. 1983), and En Banc Programming Inquiry, 44 F.C.C. 2303, 2312 (1960)). See also 47 C.F.R. 73.1120, 73.3526(e)(12). First Broadcasting Petition at 16-17. In its hypothetical, First Broadcasting proposes a situation in which Community A receives eight aural services licensed to nearby communities, plus its own sole local transmission service, whereas Community B receives only two aural services, one of which is off the air, and which has no local transmission service of its own. First Broadcasting states
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- days following the filing of its license renewal application. In the reports, VISC must either certify that the station has complied with the minimum operating schedule in Section 73.1740 at all times since its last report or, if not, detail the extent of the station's operations within that period. The station's most recent issues/program list, prepared in accordance with Section 73.3526(e)(12), should be included with each report submitted to the Commission. III. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, That the Application for Review filed on September 24, 2002, by V.I. Stereo Communications Corp. IS GRANTED to the extent indicated herein, and IS DENIED in all other respects. 13. IT IS FURTHER ORDERED, That call sign DWVIS(FM) (which indicated the station's
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- (``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''), we find that W.S. Communications, L.L.C. (the ``Licensee''), licensee of Stations KWGL(FM), Ouray, Colorado and KAVP(AM), Colona, Colorado (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(1)(i), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6), 73.2080(c)(6)(iii), 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'') self-assessment, record keeping, recruitment source information, interviewee information and public file 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 fourteen thousand dollars ($14,000). We impose reporting
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- 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''), we find that Urban Radio I, LLC (the ``Licensee''), licensee of Stations WLIB(AM) and WBLS-FM, New York, New York (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(3), 73.2080(c)(5), 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'') self-assessment, record keeping, interviewee information, and public file 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 eight thousand dollars ($8,000). We impose reporting conditions on the
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- the subjective determination of a listener or group of listeners as to what constitutes ``good'' programming. Further, the Commission will not interfere with the exercise of a licensee's news judgment where there is no showing that the licensee consistently and unreasonably ignored matters of public concern. Young has made no such showing. With respect to Young's public file allegations, Section 73.3526(a) of the Rules requires all licensees of commercial broadcast stations to maintain a public inspection file containing certain designated information. That Rule does not require that ``the views of the hosts'' be included in the station's public inspection file. Although the Rule does require that ``a brief narrative describing what issues were given significant treatment'' in programs concerned with ``community
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- suggest making the graphical analysis now used optional. The tabulation shows that most measured values of nondirectional radiation differ from the theoretical value by less than two dB. Maps showing measurement locations should be associated with the proof of performance application which must be available in the station's public inspection file while the application is pending. See 47 C.F.R. 73.3526(e)(2). See 47 C.F.R. 73.154. See paragraph 19 for definition of ``monitoring point.'' Monitoring points are usually designated on all radials which define pattern minima. A query of our Consolidated Data Base System (CDBS) shows that approximately 80 percent of full proofs are more than ten years old. This is consistent with our present policy of allowing a licensee to
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- moreimportantthanphysicalaccessibilitytothemain studio.Wethereforebelievethatweshouldmaintainthe requirementthatpublicfilesbelocatedinthecommunity oflicense. 14.Werecognizethatthisrequirementmayimpose additionalcostsandadministrativeburdensonlicensees whochosetolocatetheirmainstudiosoutsidethecommunity oflicense.Wecontinuetobelieve,however,that wemustmaintainoptimalaccessibilitytothepublicfile withinthecommunityoflicense. 15.Forthesesamereasons,weaffirmourrequirement thatlicenseeswhoarelocatedoutsidethecommunityof licenseprovidealocalortoll-freenumberifcommunity residentswouldincurchargesintelephoningthestation. Centraltoourdeterminationthatamainstudiooutside thecommunityisaccessibleisthefactthatitisreachable byphone.Theparticularhardshipssufferedbythesingle petitionerwhoraisedthisissuearebestaddressedinthe contextofawaiverapplicationtotheCommission. 16.Wearepersuaded,however,thatitisinthepublic interesttoallowlicenseeswhohavemaintainedpublic filesatmainstudiosoutsidethecommunityoflicense, pursuanttoanexceptionorwaiverunderformerSection 73.1125(a),tokeeptheirfilesattheirmainstudios.For theselicensees,wehadpreviouslydeterminedthatitwas appropriate,undergivencircumstances,topermitthemto locatemainstudios,alongwithpublicfiles,outsidethe communityoflicense.Thesamereasonsthatpromptedus toallowlicenseestomaintainmainstudiosandpublic filesoutsidethecommunityoflicensepriortoamendment oftheruleapplyequallyundertheamendedrule.The amendmenttothemainstudiorule,whichwasdesigned torelaxthelocationrequirement,shouldnotoperateto imposemorestringentrequirementsonlicenseeswepreviously haddeterminedmeritedrelieffromtherule. 17.Significantly,accessibilityofthemainstudio(aswell asthepublicfiles)wasaconsiderationinformulatingthe exceptionsto,andgrantingwaiversfromtheformerrule. UndertheAMtransmittersiteexception(formerSection 73.1125(a)),AMstationswhosemainstudiowascolocated withitstransmitter,andcommonly-owned AM/FMstationsservingthesamecommunitywhosemain studioswereco-locatedwiththeAMtransmittercouldbe locatedoutsidethecommunityoflicense21Thisexception restedonthedeterminationthat"technicalconsiderations FCC88-235 governingAMtransmittersiteselectionusuallyplacesuch sitesincloseproximitytothecommunityoflicense."22 Similarly,accessibilitywasafactorgenerallyconsideredby theCommissionindeterminingwhetherwaiversofthe mainstudiolocationrequirementwereinthepublicinterest underformerSection73.1125(a)(3).23Thus,mainstudios operatingunderexceptionstoorwaiversfromthe formerruleweregenerallylocatedimmediatelynearthe communityoflicenseoratasitedeemedreadilyaccessible toresidentsofthecommunitybytheCommission. 18.Forthesereasons.allowinglicenseestokeeptheir publicfilesatthesestudioswilladdresspetitioners'concerns withoutoffendingtheCommission'sgoalofaffording communityresidentsaccesstothefiles.Wewill thereforemodifyamendedSections73.3526and73.3527 oftheRulestoallowstationsthathavebeenauthorizedto locatetheirmainstudiosoutsideofthecommunityof licenseunderSection73.1125(a)priortotheeffectivedate oftheReportandOrdertocontinuetolocatetheirpublic inspectionfilesatthemainstudio. B.MainStudioFunction 19.Thesecondissuepresentediswhetherthemain studiohasafunctioninlightoftheCommission'selimination oftheprogramoriginationruleand,ifso,whatisthe roleofthemainstudioandhowisitdefined. 20.IntheReportandOrder,theCommissionrelaxedits mainstudioruletopermitastationtolocateitsmain studiooutsideitscommunityoflicenseatanypointwithin itsprincipalcommunitycontour.4Atthesametimethe Commissioneliminateditsprogramoriginationrule, whichrequiredastationtooriginateaminimumpercent- ageofitsprogrammingfromitsmainstudioorother pointswithinitscommunityoflicense.25TheCommission reasonedinpartthat,duetochangesinbroadcasttechnology andmarketplacedemands,themainstudionolonger playsacentralroleinproducingthestation'sprogramming .Consequently,theCommissiondeterminedthatthe locationofthemainstudiowithinthecommunityof licensedoesnotnecessarilypromotebetterprogramming. 21.PetitionersArkansasCommission,etal.andDiocese TelecommunicationsCorporation(DTC),alongwithcom- mentersBoothbayHarborCommunications,Inc.(BHC), assertthattheeliminationoftheprogramoriginationrule makestheroleofthemainstudiounclear.ArkansasCom- mission,etal.specificallyassertthatsincenoprogram- mingneedbeoriginatedinthemainstudio,themain studioneedbelittlemorethanalocaloffice.Theyargue furtherthat,"[i]ntheabsenceofanarticulatedrolefor themainstudio,thesignificanceplacedonthelocationof themainstudioiswithoutbasis.26Accordingly,Arkansas Commission,etal.urgetheCommissiontoeliminatethe mainstudiorulealtogether,atleastfornoncommercial educationalstations. 22.Alternatively,ArkansasCommission,etal.,along withCentralValleyCommunications,Inc.(CVC)and BHC,stresstheneedforclarificationoftheroleand definitionofamainstudio.CVCurgestheCommissionto setminimumrequirementsforamainstudio.BHCasks theCommissionforaclearstatementastothecontinued need,ifany,foralicenseetooriginateprogrammingfrom itsmainstudio,ortomaintainthecapabilitytooriginate programming. FederalCommunicationsCommissionRecord 3FCCRedNo.17 23.Analysis. Contrarytopetitioners'assertions.wedid notnegatetheroleofthemainstudiowhenweeliminated theprogramoriginationrequirement.Whileprogram originationhastraditionallybeenakeyfunctionofthe mainstudio,ithasnotbeenitssolefunction.Aswe repeatedlystressedinourReportandOrderinthisproceeding, themainstudioisstillexpectedtofacilitatethe keyfunctionofservingtheneedsandinterestsofthe residentsofthestation'scommunityoflicense.Wespecifically rejectedproposalstoeliminatethemainstudiorule
- http://www.fcc.gov/mb/audio/alphaindex.html
- broadcasting and nonbroadcasting telecommunications technologies." This program is administered by [401]NTIA -- NOT the FCC -- and all inquiries must be referred to NTIA. [402]Public and Broadcasting (revised July, 2008) provides a brief non-technical overview of the FCC's regulation of broadcast radio and television. This manual is REQUIRED to be in each station's local public inspection file, per 47 CFR 73.3526 and 73.3527. Public Inspection Files -- see Main Studio Location and Public Inspection Files for Broadcast Radio and TV Stations, Memorandum Opinion and Order, FCC 99-118, released May 28, 1999 [ [403]Word Perfect 5.1 | [404]Text ]. * Main Studio Location and Public Inspection Files for Broadcast Radio and TV Stations, Report and Order, MM Docket 97-138, FCC 98-125, 13
- http://www.fcc.gov/mb/audio/am.html
- American Public using broadcasting and nonbroadcasting telecommunications technologies." This program is administered by [133]NTIA -- NOT the FCC -- and all inquiries must be referred to NTIA. [134]"Public and Broadcasting" provides a brief non-technical overview of the FCC's regulation of broadcast radio and television. This manual is REQUIRED to be in each station's local public inspection file, per [135]47 CFR 73.3526 and [136]73.3527. Revised July 2008. [137]"Quiet Spots" Between Stations on the Dial [138]Radio Operators' Licenses are issued by the [139]Wireless Telecommunications Bureau. However, DJs and other persons operating a licensed broadcast station are no longer required to have an operator's license. (Report and Order, MM Docket 94-130, 10 FCC Rcd 11479 (1995) [ [140]PDF | [141]Word ].) The broadcast licensee
- http://www.fcc.gov/mb/audio/bickel/amfmrule.html
- Contingent applications. [604]TEXT [605]PDF 73.3518 Inconsistent or conflicting applications. [606]TEXT [607]PDF 73.3519 Repetitious applications. [608]TEXT [609]PDF 73.3520 Multiple applications. [610]TEXT [611]PDF 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [612]TEXT [613]PDF 73.3522 Amendment of applications. [614]TEXT [615]PDF 73.3523 Dismissal of applications in renewal proceedings. [616]TEXT [617]PDF 73.3525 Agreements for removing application conflicts. [618]TEXT [619]PDF 73.3526 Local public inspection file of commercial stations. [620]TEXT [621]PDF 73.3527 Local public inspection file of noncommercial educational stations. [622]TEXT [623]PDF 73.3533 Application for construction permit or modification of construction permit. [624]TEXT [625]PDF 73.3536 Application for license to cover construction permit. [626]TEXT [627]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [628]TEXT [629]PDF 73.3538 Application to make
- http://www.fcc.gov/mb/audio/decdoc/legalser.html
- the Commission's Rules regarding the main studio and local public inspection files of broadcast television and radio stations R&O, MM Docket 97-138 FCC 98-175, 13 FCC Rcd 15691, released August 11, 1998 [ [613]WP5.1 | [614]Text ]. Rules were effective October 30, 1998, except for telephone requests of political file materials in a station's public file pursuant to 47 CFR 73.3526(c) -- that rule section became effective November 4, 1998. [615]MO&O July 30, 1998 KUAM (AM), KUAM-FM, KUAM-TV, Agana, Guam Letter, DA 98-1513, , released July 30, 1998 [ [616]WP5.1 | [617]Text ]. August 22, 1997 Certain Minor Changes in Broadcast Facilities Without a Construction Permit R&O, FCC 97-290, 12 FCC Rcd 12371, [618]62 FR 51052, released August 22, 1997 [
- http://www.fcc.gov/mb/audio/fm.html
- American Public using broadcasting and nonbroadcasting telecommunications technologies." This program is administered by [151]NTIA -- NOT the FCC -- and all inquiries must be referred to NTIA. [152]"Public and Broadcasting" provides a brief non-technical overview of the FCC's regulation of broadcast radio and television. This manual is REQUIRED to be in each station's local public inspection file, per [153]47 CFR 73.3526 and [154]73.3527. Revised July 2008. [155]"Quiet Spots" Between Stations on the Dial [156]Radio Operators' Licenses are issued by the [157]Wireless Telecommunications Bureau. However, DJs and other persons operating a licensed broadcast station are no longer required to have an operator's license. (Report and Order, MM Docket 94-130, 10 FCC Rcd 11479 (1995) [ [158]PDF | [159]Word ].) The broadcast licensee
- http://www.fcc.gov/mb/audio/includes/31-legalser.htm
- the Commission's Rules regarding the main studio and local public inspection files of broadcast television and radio stations R&O, MM Docket 97-138 FCC 98-175, 13 FCC Rcd 15691, released August 11, 1998 [ [566]WP5.1 | [567]Text ]. Rules were effective October 30, 1998, except for telephone requests of political file materials in a station's public file pursuant to 47 CFR 73.3526(c) -- that rule section became effective November 4, 1998. [568]MO&O July 30, 1998 KUAM (AM), KUAM-FM, KUAM-TV, Agana, Guam Letter, DA 98-1513, , released July 30, 1998 [ [569]WP5.1 | [570]Text ]. August 22, 1997 Certain Minor Changes in Broadcast Facilities Without a Construction Permit R&O, FCC 97-290, 12 FCC Rcd 12371, [571]62 FR 51052, released August 22, 1997 [
- http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
- Contingent applications. [557]TEXT [558]PDF 73.3518 Inconsistent or conflicting applications. [559]TEXT [560]PDF 73.3519 Repetitious applications. [561]TEXT [562]PDF 73.3520 Multiple applications. [563]TEXT [564]PDF 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [565]TEXT [566]PDF 73.3522 Amendment of applications. [567]TEXT [568]PDF 73.3523 Dismissal of applications in renewal proceedings. [569]TEXT [570]PDF 73.3525 Agreements for removing application conflicts. [571]TEXT [572]PDF 73.3526 Local public inspection file of commercial stations. [573]TEXT [574]PDF 73.3527 Local public inspection file of noncommercial educational stations. [575]TEXT [576]PDF 73.3533 Application for construction permit or modification of construction permit. [577]TEXT [578]PDF 73.3536 Application for license to cover construction permit. [579]TEXT [580]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [581]TEXT [582]PDF 73.3538 Application to make
- http://www.fcc.gov/mb/audio/ssi/audio_pub.htm
- [ [867]PDF | [868]Word ]. $7,200 forfeiture order issued for public inspection file violations of Section 73.3527. February 26, 2009 Saga Communications of Illinois, Inc., re renewal of license for WTAX (AM), Springfield, IL, Forfeiture Order, DA 09-478, released February 26, 2009. [ [869]PDF | [870]Word ]. $3,000 forfeiture order issued for violations of the public inspection file rule, Section 73.3526. February 26, 2009 Tama Radio Licenses of Tampa, FL, Inc.; Tama Radio Licenses of Jacksonville, FL, Inc.; Tama Radio Licenses of Savannah, GA, Inc., Letter, DA 09-472, released February 26, 2009. [ [871]PDF | [872]Word ]. Granted the assignment applications of several stations and denied the informal objection. February 25, 2009 New Inspiration Broadcasting Company, Inc., re construction permit for
- http://www.fcc.gov/mb/policy/eeo/auditFeb2007.doc
- permit [47 U.S. Code 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 against the licensee, in accordance with 47 C.F.R. 73.2080(g). 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 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
- http://www.fcc.gov/mb/policy/eeo/auditJune72006.doc
- permit [47 U.S. Code 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 against the licensee, in accordance with 47 C.F.R. 73.2080(g). 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. 7. If your station(s) were included in our EEO random audits during 2005 or in January 2006, please call the EEO staff at (202) 418-1450 before responding to this
- http://www.fcc.gov/mb/policy/eeo/auditletterjan30.doc
- permit [47 U.S. Code 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 against the licensee, in accordance with 47 C.F.R. 73.2080(g). 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. 7. If your station(s) were included in our EEO random audits during 2005, please call the EEO staff at (202) 418-1450 before responding to this letter. Sincerely, Lewis C.
- http://www.fcc.gov/mb/policy/eeo/auditletterjune10.doc
- construction permit [47 U.S. Code 312(a)(1)], and/or forfeiture (47 U.S.C. 503). Failure to respond to this audit letter by the deadline is punishable by sanctions against the licensee, in accordance with 47 C.F.R. 73.2080(g). 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. 7. If your station(s) were included in our EEO random audits during 2004, please call the EEO staff at (202) 418-1450 before responding to this letter. Sincerely, Lewis C.
- http://www.fcc.gov/mb/policy/eeo/auditletterjune12.doc
- permit [47 U.S. Code 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 against the licensee, in accordance with 47 C.F.R. 73.2080(g). 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 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
- http://www.fcc.gov/mb/policy/eeo/auditlettersept29.doc
- permit [47 U.S. Code 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 against the licensee, in accordance with 47 C.F.R. 73.2080(g). 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. 7. If your station(s) were included in our EEO random audits during 2004 or earlier this year, please call the EEO staff at (202) 418-1450 before responding to this
- http://www.fcc.gov/ogc/documents/opinions/2003/02-1093a.pdf
- is not defined, nor is it used, in the 1997 Act outside the provision adding 309(l ) to the Communications Act. The Commission points out that the phrase ``commercial radio'' had been used, however, in both the Communications Act and the regulations promulgated thereunder, to mean only broadcast radio. See, e.g., 47 8 U.S.C. 158(g), 47 C.F.R. 73.3526(e)(14), 73.3555(c)(2). The Commission then makes the point that the conjunction of ``television stations,'' which are unquestionably engaged in broadcasting, with ``commercial radio'' in the same phrase suggests the Congress meant to cover only broadcast media, and thereby casts serious doubt upon the interpretation ad- vanced by Ranger. Furthermore, the heading of 309(l ) strongly favors the Commission's view that
- http://www.fcc.gov/sptf/files/SRRWGFinalReport.doc http://www.fcc.gov/sptf/files/SRRWGFinalReport.pdf
- Act of 1992, Cable Television Consumer Protection Act of 1992, Telecommunications Act of 1996, and Satellite Home Viewer Improvement Act of 1999). See, e.g., Public Workshop on Spectrum Rights and Responsibilities. See 47 U.S.C. 312(a)(7), 47 C.F.R. 73.1944 (reasonable access); 47 U.S.C. 315, 47 C.F.R. 73.1941 (equal opportunities). 47 U.S.C. 303(b), 47 C.F.R. 73.671, 73.673, 73.3526. 18 U.S.C. 1464; 47 U.S.C. 303, 47 C.F.R. 73.3999. 47 U.S.C. 303(w). 47 C.F.R. 73.2080. 47 C.F.R. 73.4280. See generally NAB/MSTV Joint Comments; APTS Comments; NPR Comments; SBE Comments. But see 47 C.F.R. 73.641-73.644. See NPR Comments. See Statement of Victor Tawil at the Public Workshop on Spectrum Rights and Responsibilities at 90-94.