FCC Web Documents citing 73.3527

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1073A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1073A1.pdf
  • Account No. 200732080021 FRN No. 0009387226 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 7, 2007 Released: March 7, 2007 By the Chief, Investigations and Hearings Division, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Gaston College, licensee of Noncommercial Educational Station WSGE(FM), Dallas, North Carolina (the ``Station''), willfully and repeatedly violated Section 73.3527 of the Commission's rules relating to a noncommercial licensee's obligation to properly maintain and make available a public inspection file. For the following reasons, we conclude that Gaston College is apparently liable for the base forfeiture amount of $10,000. BACKGROUND On March 7, 2005, the Commission received a complaint (the ``Complaint'') from J. Davidson Morrison (the ``Complainant''), who alleges that
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2658A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2658A1.pdf
  • Radio also argues that the forfeiture amount should be reduced consistent with the Media Bureau's decision in Trustees of Davidson College, in which a $9,000 forfeiture concerning three years of missing issues/programs lists was reduced to $1,000. The Davidson College case is not dispositive in this case. We first note that the Davidson College case involved a violation of Section 73.3527 of the Rules, and the violation was self-reported by the licensee. Additionally, the Media Bureau concluded that the missing issues/programs lists were missing for eight months, rather than for three years. In the present case, the violations were discovered by a Seattle agent during an inspection of the licensee's public inspection file. In similar situations, we have proposed and imposed
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2659A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2659A1.pdf
  • Radio also argues that the forfeiture amount should be reduced consistent with the Media Bureau's decision in Trustees of Davidson College, in which a $9,000 forfeiture concerning three years of missing issues/programs lists was reduced to $1,000. The Davidson College case is not dispositive in this case. We first note that the Davidson College case involved a violation of Section 73.3527 of the Rules and the violation was self-reported by the licensee. Additionally, the Media Bureau concluded that the missing issues/programs lists were missing for eight months, rather than for three years. In the present case, the violations were discovered by a Seattle agent during an inspection of the licensee's public inspection file. In similar situations, we have proposed and imposed
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3099A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3099A1.pdf
  • FRN: 0003753878 FORFEITURE ORDER Adopted: July 10, 2007 Released: July 12, 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 Brenau University Network (``Brenau''), licensee of FM radio station WBCX, in Gainesville, Georgia, for willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules''). The noted violation involves Brenau's failure to make available and maintain a complete public inspection file. 2. On May 2, 2007, the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Brenau. Brenau has not filed a response to the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-502A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-502A1.pdf
  • INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand two hundred dollars ($11,200) to Long Pond Baptist Church (``Long Pond''), licensee of radio station WTBH (FM) and owner of antenna structure # 1204141, for willful and repeated violation of Section 17.50 of the Commission's Rules (``Rules'') and for willful violation of Section 73.3527 of the Rules. The noted violations involve Long Pond's failure to clean and repaint its antenna structure as often as necessary to maintain good visibility and its failure to maintain for public inspection the complete required contents of the station's public inspection file. II. BACKGROUND On September 13, 2005, agents of the Enforcement Bureau's Tampa Office conducted an inspection of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1706A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1706A1.pdf
  • 0007978752 FORFEITURE ORDER Adopted: July 21, 2008 Released: July 23, 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 four thousand dollars ($4,000) to Friendship Communications, Inc. (``Friendship''), licensee of non-commercial station KWOF-FM, in Hiawatha, Iowa, for willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules''). The noted violation involves Friendship's failure to maintain and make available a complete public inspection file. II. BACKGROUND On March 12, 2008, in response to a complaint, an agent from the Commission's Kansas City Office of the Enforcement Bureau (``Kansas City Office'') requested to inspect station KWOF-FM's public inspection file at its main studio during
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1208A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1208A1.pdf
  • of FM radio station WYGG in Asbury Park, New Jersey, for willfully and repeatedly violating Section 1.1310 of the Commission's Rules (``Rules), by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. BACKGROUND rized location. The antenna was mounted at a height of 43.9 meters AGL, which exceeded its authorized antenna height by 29.9 meters. After identifying the station's location, the agent then entered the building located at 601 Bangs Avenue and identified himself to the front desk clerk. The clerk
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1596A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1596A1.pdf
  • his 2006 license renewal application 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 steps to ensure that all necessary documentation required to be kept in the file has been, or will immediately be, placed in the file. 47 C.F.R. � 73.503(a). See 47 C.F.R. � 73.3527(e)(12) See Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994). 47 C.F.R. �� 0.111, 0.311, 1.80(f). See 47 C.F.R. � 1.1914. (continued....) Federal Communications Commission DA 09-1596 Federal Communications Commission DA 09-1596 j � � �\ֆ���F�C''�
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-153A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-153A1.pdf
  • No. 200732080021 FRN No. 0009387226 Facility I.D. No. 23324 FORFEITURE ORDER Adopted: January 29, 2010 Released: January 29, 2010 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``FO''), we assess a monetary forfeiture in the amount of $8,000 against Gaston College, licensee of Noncommercial Educational Station WSGE(FM), Dallas, North Carolina (the ``Station''), for willfully and repeatedly violating Section 73.3527 of the Commission's rules relating to a noncommercial licensee's obligation to properly maintain and make available a public inspection file. BACKGROUND As discussed in detail in the Notice of Apparent Liability for Forfeiture (``NAL'') issued in this case, the Commission received a complaint alleging that on March 7, 2005, the licensee, Gaston College, failed to make available for public inspection
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.pdf
  • find that R.J.'s Late Night Entertainment Corporation (``R.J.''), licensee of Non-Commercial Educational ("NCE") Class D Station WHPR-FM, in Highland Park, Michigan (the ``Station''), apparently willfully and repeatedly violated: (1) section 11.35(a) of the Commission's Rules ("Rules") by failing to maintain operational EAS equipment; (2) section 73.1690(b)(2) of the Rules for moving the Station's transmitter without Commission authorization; and (3) section 73.3527(b)(1) of the Rules by failing to maintain and make available a local public inspection file. We conclude that R.J. is apparently liable for a forfeiture in the amount of twenty-two thousand dollars ($22,000). We further direct R.J. to submit a written statement signed under penalty of perjury stating that Station WHPR-FM is now in compliance with sections 11.35(a) and 73.3527(b)(1)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-216A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-216A1.pdf
  • APPARENT LIABILITY FOR FORFEITURE Adopted: February 4, 2011 Released: February 8, 2011 By the District Director, Los Angeles District Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Community Television of Southern California, Licensee of Noncommercial Educational TV Station KCET, Los Angeles, California (``Community Television''), apparently willfully and repeatedly violated Section 73.3527(c) of the Commission's rules (``Rules'') by failing to make available the Station KCET public inspection file. We conclude that Community Television is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On August 19, 2010, an agent from the Enforcement Bureau's Los Angeles District Office visited Station KCET's main studio at 4401 Sunset Boulevard, Los
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-608A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-608A1.pdf
  • and Order, 45 FCC 2d 662 (1974) (licensee responsible for compliance with Commission radiotelephone operator rules despite transfer of control of stock of the licensee subsequent to the violations)). EZ Sacramento, Memorandum Opinion and Order, 16 FCC Rcd 4958, 4959 (2001) (licensee liable for violations concerning broadcast of telephone conversations despite intervening transfer of control). Mapleton incorrectly cites to Section 73.3527(d)(1), the rule applicable to maintenance of the public inspection file for non-commercial educational stations involved in an assignment of the license, to support its contention that it is not responsible for maintaining the public inspection file from the commencement of the license term. Response at 2. The correct rule applicable to a commercial station involved with a transfer of control
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-685A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-685A1.pdf
  • 2, 2012 Released: May 2, 2012 By the Regional Director, Northeast Region, Enforcement Bureau: In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of twenty-two thousand dollars ($22,000) to R.J.'s Late Night Entertainment Corporation (R.J.), licensee of Non-Commercial Educational Class D Station WHPR-FM, Highland Park, Michigan (Station), for willfully and repeatedly violating Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. The noted violations involved R.J.'s failure to maintain operational EAS equipment, relocation of the Station's transmitter without authorization, and failure to maintain and make available the Station's local public inspection file. 2. On October 24, 2011, the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-252A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-252A1.pdf
  • the forfeiture amount from $25,000 to $20,000 and deny the application for review in all other respects. In the Memorandum Opinion and Order, the Bureau denied Evangelism's petition for reconsideration of a Bureau Forfeiture Order issued to Evangelism on October 19, 2004, in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted rule violations involve Evangelism's failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the hours of station operation, and failure to make the station's public inspection file available. II. BACKGROUND On October 28, 2003, an agent from the Commission's
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-99-118A1.pdf
  • itargues,itisonlythosemembersofthepublicwhoresidewithintheserviceareaandvieworlistento thestationwhowouldhaveanyneedorinterest inthecontentsofthepublicfile.35MAP,etal.,disagree withNAB'ssuggestionthattheCommissionshouldlimitthegeographiclocationofthoserequesting information.36.MAP, etal.,arguethatcitizenenforcementoflicenseeobligationsdependsonthe availabilityofthesedocumentsthroughthemail,andthatcitizensoutsidetheserviceareahavevalid reasonstoseekinfonnationfromadistantlocation.Forexample,localcitizensmayretaincounseloutside thelisteningarea,citizensmaywanttocompareperfonnanceoflocalbroadcasterswithdistant broadcasters,ornationalorganizationsandacademicsmayneedtocollectinformationfrombroadcasters nationwide.MAP, etal.,alsopointoutthatthecosttostationstomaildocumentsisthesameregardless ofthedestination.NABrespondsthatMAP, etal.'s,reasonsdonotjustifYdenyingitssuggested geographiclimitation.37Itclaimsthatanylistenerorviewerwholivesintheserviceareacouldobtain theneededmaterialandforwardittohisorherattomey.3!Itquestionsthepurposeofcross-community comparisonofstationsandarguesthattheCommissionhasnotstatedthatthepurposeofthepublicfile 30 SeeNABPetitionat6.NABactuallyrequeststhatweexemptstationsthatmaintaintheirmainstudios "outsidethecommunityoflicensepursuanttoawaiver."Sincetheroleshaveallowedstationstolocatetheir mainstudiosoutsidetheircommunityoflicensesince1987,weassumethatNABmeanttosay"maintaintheir publicfiles"outsidethecommunityoflicense. 31 NABPetition,i,10�11. 3Z MAP,etof.,Oppositionat2. 33 Jdat10. J4 NABPetitionat11. 3S Id 36 Idat7. 37 NABReplyat4. 31 Id 11118 FederalCommunicationsCommission istoenablesuchcomparisons.39NABalsoarguesthat,consistentwiththestatedpurposesofthepublic inspectionfile,nationalorganizationsandacademicsshouldnotnecessarilyexpecttohavemailaccessto thepublicfile.40NABsuggeststhatsuchgroupsshouldaccessneededinformationfromtheFCC. 13.Onreconsideration,wewillrevise..Sections73.3526(cX2)and73.3527(cX2)torequirethat onlythosestationswhosepublicfileislocatedatamainstudiooutsidethecitylimitsofthecommunity oflicenseberequiredtoprovidetheaccommodation. Webelievethatthisnarrowingofthe accommodationisjustified.WeagreewithNABthatstationsthatremaininthecommunityoflicense shouldbereasonablyaccessibletothepublictheyserve.Indeed,weadoptedtheaccommodationinthe ReportandOrderinordertocompensateforthefactthatbroadcastersmaynowmovetheirpublicfiles tomoredistantlocationsoutsidethecommunityoflicense.Ifastationchoosestolocateitsmainstudio andpublicfileinitscommunityoflicenseunderthenewrules,thepublicfilewillbereasonably accessiblejustasbefore,andthereshould benoneedfortheaccommodation.Wewillnot,however, exemptfromtheaccommodationstationswhosepublicfilesareoutsidethecommunityatthemainstudio pursuanttoawaivergrantedpriortoour ReportandOrder inthisproceeding.Underthenewrule,these stationsnolongerrequireawaiverandthusshouldbetreatedinthesamemannerasotherstationsinthe samecircumstances. 14.WealsowillreviseSections73'.3526(cX2)and73.3527(cX2)tolimittherequiredmailing areafordocumentsrequestedbyphonetothegeographicserviceareaofthestationinquestion.Stations willnotberequiredtoprovidethisaccommodationtopersonsoutsidethisarea.ForaTVstation,this areaisdefinedbytheareaencompassedbythestation'sGradeBcontour;41foraradiostation,itisthe areawithinthestation'sprotectedservicecontour.42Thiswillclarifythescopeoftheaccommodation requirementandminimizedisputesoverwhoiseligiblefortheaccommodation.Wenonetheless encourage,butwillnotrequire,stationstomaketheaccommodationtopersonslivingoutsidethat immediateserviceareawhomaybeabletovieworlistentothestation.Weurgestationstoactingood faithtoaccommodateviewersandlistenerswhoreasonablyclaimtoreceivetheirsignaleventhoughthey resideoutsidetherelevantservicecontour. 15.Webelievethatnarrowingtheaccommodationinthisfashionisconsistentwiththeunderlying goalsofthisproceedingwhichfocusedonensuringthecontinuedaccessoflocalviewersandlistenersof eachstation,evenwhereastationrelocatesitsmainstudiooutsideofitscommunityoflicense.Given thelimitedpurposeoftheaccommodation,webelievetheaccommodationshouldbetailoredtothe 39 40 Jd NAB Replyat5. 41TheGradeBcontourformoststationsreachesatleast40miles,andatmaximumfacilitiescanrange from60to80miles.. 42 TheradioprotectedservicecontoursaretheImV/mcontourformostFMstations(ClassBFM Stationsareprotectedtotheir.5mVimcontoursandClassBIFMStationsareprotectedtotheir.7mVIm contours)andthe.5mV/mcontoUrforAMstations.Atmaximumfacilities,theradiiofFMprotectedcontours rangeinsizebetween18milesto57miles.AMprotectedcontours,basedonactualfacilities,varyconsiderably fromstationtostationandarebasedonfrequency,power,radiationandgroundconductivity. 11119 FederalCommunicationsCommission listeners aridviewersthatareservedbythestation.Weacknowledgethat,as MAP,etaI.,havepointed out,theaccommodation,ifnotlimitedtoastation'sgeographicservicearea,couldoffercollateral benefits,suchasmailaccesstolocalcitizens'attorneyswhohappento belocatedoutsidetheservicearea, orallowingcitizenstocomparepetfonnanceoflocalbroadcasterswithdistantbroadcasters,orenabling nationalorganizationsandacademicstocollectinfonnationfrombroadcastersnationwide. Such considerations,however, arebeyondthescopeofthisprocessandwedonotaddressthemhere. 16.SpecificGuidelines.IntheReportandOrderwegrantedstationstheabilitytorequire paymentforcopiespriortomailingthemandnotedthatstationswould berequiredtosendacopyof"The PublicandBroadcasting"freeofchargetoanyonerequestingit.43Wedeclinedtoimposeanumerical Ii.mitonaccommodationrequestsamemberofthepubliccoqldmake.44 17.NABsuggeststhatwegivemorespecificguidelinesforstationsonthetypesandamountof infonnationtowhichtheaccommodationwouldapply.45Initsreplypleading,StateBroadcastersagree withNAB'srequestforsuchguidelinesandalsorequestthatstationsberelievedoftheobligationtopay thecostofpostagefordocumentsmailedundertheaccommodation.46StateBroadcastersalsosuggest thattheCommissionshould"expresslypennit"stationstousea"PublicInspectionFileOrderFonn,"or "PIF:'aformsenttothecallerpriortomailinganydocuments,andwouldbereturnedwithpayment.47 Thesepetitionersexpressconcernthatwith'outalimitonrequests,stationswillbeoverwhelmedby numerousandlorfrivolousrequestsforinformation.48MAP, etai.,disagreewithNAB'ssuggestionsthat theCommissionshouldlimittherequiredscopeofinquiries.49 18.Wedeclinetoadoptthepetitioners'proposalsthatwefurtherdelineatethetypesandamount ofinfonnationstationsaretogiveoverthetelephone..Wereiterateourdeterminationinthe Reportand Order.50Therein,wegaveanexampleofthetypeoftelephoneserviceweenvisioned:stations,ifasked, shoulddescribetoacallerthenumberofpagesandtimeperiodscoveredbyaparticularownershipreport orchildren'stelevisionprogrammingreport,orthetypesofapplicationsactuallymaintainedinthe
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2408A1_Erratum.doc
  • Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. � 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. � 11.35 - Equipment Operations Readiness Tri-State Broadcasters, Inc., WTSA, Brattleboro,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2635A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2635A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2635A1.txt
  • 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 (Local Public Inspection File For Noncommercial Broadcast Stations). Boston, MA District Office (10/10/00). Pollack Broadcasting Company, Cordova, TN. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Monitoring Requirements), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operators),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2855A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2855A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2855A1.txt
  • Inspection File of Commercial Stations). Detroit, MI District Office (11/24/00). Stepchild Radio of Cincinnati, Inc., Cincinnati, OH. Other violations: 47 C.F.R. �� 73.267 (Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances) 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation), 73.1820 (Station Log), 73.1870 (Chief Opeator), 73.3527 (Local Public Inspection File for Noncommercial Educational Stations) and Terms of the Station Authorization. Detroit, MI District Office (11/24/00). RJ's Late Night Entertain. Corp., Highland Park, MI. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-561A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-561A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-561A1.txt
  • Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against American Broadcasting Educational Foundation (``ABEF''). We conclude that ABEF willfully and repeatedly violated Section 73.1125 of the Commission's rules by not maintaining adequate staffing at the main studio for station KYCM(FM), Bastrop, Texas. We further conclude that ABEF willfully and repeatedly violated Section 73.3527 of the Commission's rules by not maintaining its local public inspection file for KYCM(FM) at the station's main studio. However, after considering all of the facts and circumstances, we have determined that a forfeiture for the latter rule violation is unnecessary. BACKGROUND 2. Following disposition of a petition to deny an application to assign the permit for KYCM(FM) (File No.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1019A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1019A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1019A1.txt
  • 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 Services 47 C.F.R. � 73.3527 - Local Public Inspection File for Noncommercial Educational Stations Ho'ona'auao Community TV, Inc, KWBN, Honolulu, HI. $10,000 NAL. Honolulu, HI Resident Agent Office (3/16/01). 47 C.F.R. Part 80 - Stations in the Maritime Services 47 C.F.R. � 80.953 - Inspection and Certification Shepler's Inc, Mackinaw City, MI. $2,200 NAL. Detroit, MI District Office (3/27/01). NOTICES OF VIOLATION 47 C.F.R. Part
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-102A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-102A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-102A1.txt
  • PA District Office (12/7/00). Robert Veal, Sacramento, CA. Anchorage, AK Resident Agent Office (12/14/00). 47 C.F.R. � 1.903 - Authorization Required ASTI Transportation Systems, Inc., New Castle, DE, WPKU578. Columbia, MD District Office (12/1/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.15 - EAS Operating Handbook Missouri Valley College, Marshall, MO. Other violation: 47 C.F.R. � 73.3527 (Local Public Inspection File for Noncommercial Educational 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1108A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1108A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1108A1.txt
  • the Commission. In addition, Pridemore filed a supplement to his objection on May 31, 2000, alleging that B&C has failed to operate WAOM(TV) in compliance with a number of Commission rules. For the reasons set forth below, we conclude that B&C willfully and repeatedly violated Section 73.1125 of the Commission's rules by not maintaining a main studio for WAOM(TV), Section 73.3527 of the rules by not maintaining its local public inspection file at the station's main studio, and Section 73.1201 by failing to regularly broadcast station identification announcements. We have determined that the appropriate sanction for these violations is a monetary forfeiture and admonishment, rather than a hearing designation order or denial of the assignment application. This Order, therefore, also constitutes
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1644A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1644A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1644A1.txt
  • District Office (5/4/01). Atlantic City Board of Education, Atlantic City, NJ, (WAJM-FM). Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Stations). Philadelphia, PA District Office (5/11/01). Sunflower Cablevision, Lawrence, KS. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 76.305 (Records to be Maintained Locally by Cable System Operators for Public Inspection) and 76.605 (Technical Standards). Kansas City, MO District Office (5/7/01). Adelphia Cable, Yuma, AZ. Other violation: 47 C.F.R. � 11.61 (Tests
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1746A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1746A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1746A1.txt
  • Inc. ) File No. EB-01-HL-034 Licensee of KWBN-TV ) Honolulu, Hawaii ) NAL/Acct. No. 200132860002 ) FORFEITURE ORDER Adopted: July 20, 2001 Released: July 23, 2001 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) against Ho'ona'auao Community TV, Inc. (``HCTV'') for willful violation of Section 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted violation involves HCTV's failure to make station KWBN-TV's public inspection file available for inspection during normal business hours. On March 16, 2001, the Commission's Honolulu, Hawaii Resident Agent Office released a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to HCTV. HCTV has not filed a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2273A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2273A1.txt
  • (Tests of EAS Procedures). San Diego, CA District Office (8/22/01). Yavapai Broadcasting Corp., KVNA (FM), Flagstaff, AZ. Other violation: 47 C.F.R. � 11.61 (Tests of EAS Procedures). San Diego, CA District Office (8/22/01). The Praise Network, Hays, Kansas. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Stations). Kansas City, MO District Office (8/24/01) 47 C.F.R. � 11.52 � EAS Code and Attention Signal Monitoring Requirements Falcon Cablevision, Inc. d.b.a. Charter Communications, Cedartown, GA. Other violations: 47 C.F.R. � 73.1820 (Station Log). Atlanta, GA District Office (8/7/01). Clark Broadcasting Corp., KKBN, Sonora, CA. Other violation: 47 C.F.R. � 73.1820 (Station Log).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2818A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2818A1.txt
  • 47 C.F.R. � 90.403 (General Operating Requirements). New York, NY District Office (10/19/01). 47 C.F.R. Part 11 � Emergency Alert System � 47 C.F.R. � 11.15 � EAS Operating Handbook New Life Evangelistic Center, Inc., New Bloomfield, MO. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (10/1/01). CB Radio, Inc., WBEJ, Elizabethton, TN. Other violations: �� 17.4(g) (Posting of Antenna Structure Registration Number), 73.51 (Determining Operating Power), and 73.1590 (Equipment Performance Measurements). Atlanta, GA District Office (10/4/01). Charter Communications, Dalton, GA. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.52 (EAS Code
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2818A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2818A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2818A2.txt
  • violation: 47 C.F.R. � 90.403 (General Operating Requirements). New York, NY District Office (10/19/01). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.15 - EAS Operating Handbook New Life Evangelistic Center, Inc., New Bloomfield, MO. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (10/1/01). CB Radio, Inc., WBEJ, Elizabethton, TN. Other violations: �� 17.4(g) (Posting of Antenna Structure Registration Number), 73.51 (Determining Operating Power), and 73.1590 (Equipment Performance Measurements). Atlanta, GA District Office (10/4/01). Charter Communications, Dalton, GA. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.52 (EAS Code
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2831A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2831A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2831A1.txt
  • Order, we admonish Isothermal Community College (``Isothermal''), licensee of noncommercial educational station WNCW(FM), Spindale, North Carolina, for broadcasting advertisements in violation of Section 399B of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. �399b, and Section 73.503 of the Commission's rules, 47 C.F.R. �73.503, and for failing to properly maintain its public file in violation of Section 73.3527 of the Commission's rules, 47 C.F.R. �73.3527. 2. We have carefully reviewed the record, including the complaints and Isothermal's responses, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions, as well as the public file rule. While we believe that no monetary sanction is warranted at this time, we find that an admonishment is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2937A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2937A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2937A1.txt
  • 0004-0750-57 MEMORANDUM OPINION AND ORDER Adopted: December 20, 2001 Released: December 21, 2001 By the Chief, Enforcement Bureau: In this Memorandum Opinion and Order (``Order''), we deny a petition for reconsideration filed by Ho'ona'auao Community TV, Inc. (``HCTV''), licensee of Station KWBN-TV, Honolulu, Hawaii, of a Forfeiture Order which issued a $10,000 forfeiture against HCTV for willful violation of Section 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted violation involved HCTV's failure to make Station KWBN-TV's public inspection file available during normal business hours. In its petition for reconsideration, HCTV does not dispute that a violation of Section 73.3527(c)(1) of the Rules occurred. Rather, HCTV requests that the Forfeiture Order be vacated or redirected to HCTV's former controlling directors. HCTV states
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2948A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2948A1.txt
  • Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). School District, Bay City, WCHW-FM, Bay City, MI. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.567 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Boston, MA District Office (11/26/01). � 47 C.F.R. � 11.32 � EAS Encoder Twin City Baptist Temple, Inc., WCMX, Lunenburg, MA. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1590 (Equipment Performance Measurements) and 73.1870 (Chief Operator). Boston, MA District Office (11/5/01). Great Lakes Community Broadcasting, Inc.,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-541A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-541A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-541A1.txt
  • 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. �� 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements), 73.1820 (Station Log), and 73.1870 (Chief Operator). New Orleans, LA District Office (1/29/01). Don L. Cook, Otterville, MO.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-711A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-711A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-711A1.txt
  • Measurements), 73.1590 (Equipment Performance Measurements), and 73.3526 (Local Public Inspection File for Commercial Stations). Columbia, MD District Office (2/21/01). 47 C.F.R. � 73.317 - Spurious Emissions Hawaii Public Radio, KIPO-FM, Honolulu, HI. Honolulu, HI Resident Agent Office (2/7/01). 47 C.F.R. � 73.1201 - Station Identification The Board of Education, Novi Community School District, Novi, MI. Other violation: 47 C.F.R. � 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Detroit, MI District Office (2/2/01). 47 C.F.R. � 73.1213 - Antenna Structure Marking and Lighting Saga Communications of Tuckessee, LLC, WVVR, Hopkinsville, KY. Chicago, IL District Office (2/15/01). 47 C.F.R. � 73.1820 - Station Log McClure Broadcasting, Inc., WRLD-FM, Columbus, GA. Other violation: 47 C.F.R. � 73.1870 (Chief Operator). Atlanta, GA District
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1238A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1238A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1238A1.txt
  • Co., Yardley, PA. Philadelphia, PA District Office (4/25/02). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.15 - EAS Operating Handbook Monroe County Board of Education, WHFI, Lindside, WV. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (4/2/02). Miracle Radio, Pensacola, FL. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures) and 17.4(g) (Posting of Antenna Structure Registration Number). Tampa, FL District Office (4/10/02). Vernon Watson, Pensacola, FL. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operator). Tampa, FL
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2037A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2037A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2037A1.txt
  • 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. Kansas City, MO District Office (7/12/02). 47 C.F.R. � 73.1350 - Transmission System Operation Farnell O'Quinn, WUFF, Eastman, GA. $4,000 NAL. Atlanta, GA District Office (7/8/02). 47 C.F.R. Part 95 - Personal Radio Services 47 C.F.R. � 95.411 --
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2978A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2978A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2978A1.txt
  • (Painting and Lighting, When Required), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). Seattle, WA District Office (9/27/02). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness American Family Association, KAUF, Tupelo, MS. $9,000 NAL. Other violations: 47 C.F.R. �� 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (9/28/02). Southern Media Communications, Inc., Bay Minnette, AL. $11,000 NAL. Other violation: 47 C.F.R. � 17.4(a) (Antenna Structure Registration). Atlanta, GA 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3083A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3083A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3083A1.txt
  • December 6, 2001, Admonishment Order. That decision, in response to complaints, admonished Isothermal Community College (``Isothermal''), licensee of the captioned noncommercial radio station, for violating 47 U.S.C. � 399b and 47 C.F.R. � 73.503, which prohibit the broadcast of paid advertisements in the noncommercial service, and for failing to properly maintain its public file as required by 47 C.F.R. � 73.3527. The joint petitioners argue that certain dicta in that Order, contained in Paragraph 9, should be modified or reversed. Isothermal, the station's licensee, did not participate in the joint petition or file a separate petition for reconsideration or application for review. III. DISCUSSION 3. Joint petitioners have not demonstrated that their ``interests are adversely affected'' by the Order, as required
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-402A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-402A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-402A1.txt
  • Communications, Silver Spring, MD. Other violation: 47 C.F.R. � 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (1/22/02). 47 C.F.R. � 11.61 - Tests of EAS Procedures Quality Broadcasting Corp., Delray Beach, FL. Tampa, FL District Office (1/16/02). Morgan State College, WEAA, Baltimore, MD. Other violations: 47 C.F.R. �� 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (1/22/02). 47 C.F.R. Part 17 - Construction, Marking & Lighting of Antenna Structures 47 C.F.R. � 17.4(a) - Antenna Structure Registration Truth Broadcasting Corp., Winston-Salem, NC. Other violations: 47 C.F.R. �� 17.50 (Cleaning and Repainting), 17.51 (Time When Lights Should Be Exhibited), 73.49 (AM Transmission System Fencing Requirements),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-929A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-929A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-929A1.txt
  • MD District Office (3/29/02). West Virginia University Board of Governors, WWVU, Morgantown, WV. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness) and 73.1870 (Chief Operator). Columbia, MD District Office (3/29/02). 47 C.F.R. � 11.35 - Equipment Operational Readiness The Regents of the University of California, KUCR(FM), Riverside, CA. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). San Diego, CA District Office (3/7/02). Infinity Broadcasting, Inc., Pittsburgh, PA. Other violation: 47 C.F.R. � 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (3/7/02). Chowder Broadcasting Group, LLC., WORC, Worchester, MA. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.62
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2664A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2664A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2664A1.txt
  • Adopted: August 14, 2003 Released: August 18, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we cancel a proposed monetary forfeiture in the amount of nine thousand dollars ($9,000), issued to American Family Association, Inc., (``AFA'') licensee of Radio Station KAUF-FM (``Station KAUF''), in Kennett, Missouri, for apparent willful violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8) of the Commission's Rules ("Rules"). The noted violations involve AFA's failure to have operational Emergency Alert System (``EAS'') equipment and failure to maintain all required items in the public inspection file (``public file''). While we cancel the proposed forfeiture, we admonish AFA for the public file violations. 2. On September 23, 2002, the District Director of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3063A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3063A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3063A1.txt
  • BRED-20030602BLJ Dear Applicant: This letter refers to the captioned application of Liberty University, Inc. (``Liberty'') for renewal of license for noncommercial educational station WRVL(FM), Lynchburg, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Liberty 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 WRVL(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 73.3527 has been placed in the station's public inspection file at the appropriate times. Liberty indicated ``No'' to that certification, attaching an Exhibit explaining
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3070A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3070A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3070A1.txt
  • refers to the captioned application of James Madison University Board of Visitors for renewal of license for station WXJM-FM, Harrisonburg, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3071A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3071A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3071A1.txt
  • 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 that certification, attaching an Exhibit explaining that issues-programs lists were not placed in the public inspection file on a quarterly basis, as required, and ownership reports and the political file were not maintained on a routine and timely basis.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3072A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3072A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3072A1.txt
  • 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. indicated ``No'' to that certification, attaching an Exhibit explaining that the issues/programs lists were not placed in the public file on a quarterly basis and that steps have been taken to ensure that there will be no recurrence of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3073A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3073A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3073A1.txt
  • the captioned application of Board of Trustees of Eastern Mennonite University for renewal of license for station WEMC-FM, Harrisonburg, Virginia. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3074A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3074A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3074A1.txt
  • Mr. Godles: This letter refers to the captioned application of National Cable Satellite Corp. for renewal of license for station WCSP-FM, Washington, DC. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR 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''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3075A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3075A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3075A1.txt
  • 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 that certification, attaching an Exhibit explaining that it did not always place the issues/programs lists and report summaries in the public inspection file within the time frames required by the Commission's Rules. Section 73.3526 of the Commission's Rules requires
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3076A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3076A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3076A1.txt
  • 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'' to that certification, attaching an Exhibit explaining that it did not always place the issues lists in the public inspection file in a timely manner. Section 73.3526 of the Commission's Rules requires broadcast licensees to maintain a public inspection
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3077A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3077A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3077A1.txt
  • 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 that certification, attaching an Exhibit explaining that the issues and needs entry for the second quarter 2001 and the biennial ownership report for 1996 and 1998 were not filed in the public file. The Exhibit notes that the licensee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3078A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3078A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3078A1.txt
  • 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 that certification, attaching an Exhibit explaining that the issues/programs list from the 4th quarter of 1999 was missing. The Exhibit notes that the report was located and is now in the public file. Section 73.3526 of the Commission's Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3079A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3079A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3079A1.txt
  • 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'' to that certification, attaching an Exhibit explaining that the issues/programs list for the 2nd quarter of 2000 has been misplaced. The Exhibit notes that when this list is located, it will be placed back in the public inspection file.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3080A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3080A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3080A1.txt
  • 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 that certification, attaching an Exhibit explaining that certain quarterly issues/programs are incomplete and the 1999 edition of ``The Public and Broadcasting'' is missing. The Exhibit notes that corrective actions have been taken and steps have been taken to ensure
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3081A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3081A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3081A1.txt
  • 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'' to that certification, filing an amendment on September 11, 2003, explaining that the issues/programs lists were missing from the public file from August 2000 through the second quarter of 2003. The amendment states that corrective measures have been taken,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3090A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3090A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3090A1.txt
  • File No. BRED-20030530DYF Dear Mr. Jones: This letter refers to the captioned application of Towson University, (``Towson'') for renewal of license for station WTMD(FM), Towson, Maryland. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to Towson 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 WTMD 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 73.3527, has been placed in the station's public inspection file at the appropriate times. Oakland indicated ``No'' to that certification, attaching an Exhibit explaining
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3638A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3638A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3638A1.txt
  • Commission received complaints that Isothermal broadcast an on-air raffle on WNCW(FM) during the period April 2 through 8, 2002, that failed to make clear that consideration was not required to participate in the contest and otherwise refrained from airing the contest's rules, in violation of the licensee-conducted contest rule. One complainant further alleged that Isothermal has violated 47 C.F.R. � 73.3527(e)(9) regarding the maintenance of WNCW(FM)'s public file's donor lists. Specifically, he claimed that, during his April 18, 2002, visit to the station, the public file's donor list was incomplete because it included information current only through January 10, 2002. One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3638A1_Erratum.doc
  • Commission received complaints that Isothermal broadcast an on-air raffle on WNCW(FM) during the period April 2 through 8, 2002, that failed to make clear that consideration was not required to participate in the contest and otherwise refrained from airing the contest's rules, in violation of the licensee-conducted contest rule. One complainant further alleged that Isothermal has violated 47 C.F.R. � 73.3527(e)(9) regarding the maintenance of WNCW(FM)'s public file's donor lists. Specifically, he claimed that, during his April 18, 2002, visit to the station, the public file's donor list was incomplete because it included information current only through January 10, 2002. One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-441A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-441A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-441A1.txt
  • week to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated these rules. On September 23, 2002, the Kansas City Office issued an NAL for a $9,000 forfeiture to AFA for violations of Sections 11.35(a) (failure to maintain operational EAS equipment) and 73.3527(e) (failure to maintain all required items in the station's public file) at KAUF-FM. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232560027 (Enf. Bur., released September 23, 2002). In its response to the NAL, AFA disputes that it violated the EAS rule, but admits that it violated the public inspection file rule. We do not rely on the NAL here,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1536A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1536A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1536A2.txt
  • 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 9 ''� �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1753A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1753A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1753A2.txt
  • 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. Kenneth Ferree
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1811A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1811A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1811A1.txt
  • This letter refers to the captioned application of The Trustees of Davidson College (``TDC'') for renewal of license for noncommercial educational station WDAV(FM), Davidson, North Carolina. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR A FORFEITURE to TDC 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 WDAV(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 73.3527 has been placed in the station's public inspection file at the appropriate times. Section III, Item 3 of the license renewal application form,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1813A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1813A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1813A1.txt
  • 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, filing an amendment to its Exhibit explaining that the issues/program lists from April 1998 through the first quarter of 2003 - the period of Neely's tenure as licensee -- were missing. Neely states that all issues/programs lists have been
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1814A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1814A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1814A1.txt
  • Mr. Martin: This letter refers to the captioned application of Glen Iris Baptist School (``Glen Iris'') for renewal of license for station WGIB(FM), Birmingham, Alabama. For the reasons set forth below, we issue a NOTICE OF APPARENT 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1815A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1815A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1815A1.txt
  • Mr. Martin: This letter refers to the captioned application of Glen Iris Baptist School (``Glen Iris'') for renewal of license for station WQEM(FM), Columbiana, Alabama. For the reasons set forth below, we issue a NOTICE OF APPARENT 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''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1816A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1816A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1816A1.txt
  • 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, filing an amendment to its Exhibit explaining that the complete issues/program lists from October 10, 1996, through January 10, 2003, were not placed in the public file. KUOA states that the issues/programs lists for 2003 have been re-created and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1817A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1817A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1817A1.txt
  • BRED-20040128ACO Dear Mr. Riley: This letter refers to the captioned application of John Brown University (``JBU'') for renewal of license for station KLRC(FM), Siloam Springs, Arkansas. For the reasons set forth below, we issue a NOTICE OF 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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2387A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2387A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2387A1.txt
  • thousand dollars ($13,000) issued to Cornell College (``Cornell''), the licensee of noncommercial educational FM Station KRNL, Mt. Vernon, Iowa. We find that Cornell failed to maintain control of the station's transmitter in apparent willful and repeated violation of Section 73.1350(b)(2) of the Commission's Rules (``Rules'') and failed to make available the station's public file in apparent willful violation of Section 73.3527(c) of the Rules. While we cancel the forfeiture based primarily upon the financial hardship that would result, we admonish Cornell for its violations of Sections 73.1350(b)(2) and 73.3527(c) of the Rules. background On March 18, 2003, an agent from the Commission's Kansas City Office (``Kansas City Office'') conducted an inspection of Station KRNL-FM. The station's transmitter site was not staffed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3264A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3264A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3264A1.txt
  • FRN 0005733662 FORFEITURE ORDER Adopted: October 14, 2004 Released: October 19, 2004 By the Assistant Bureau Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a forfeiture in the amount of twenty-five thousand dollars ($25,000) to Paulino Bernal Evangelism (``Paulino''), licensee of radio broadcast station KBRN(AM), Boerne, Texas, for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted rule violations involve its failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the hours of station operation, and failure to make available a public inspection file. In a December 19, 2003 Notice of Apparent Liability for Forfeiture (``NAL''),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3417A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3417A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3417A1.txt
  • 0002-5292-38 FORFEITURE ORDER Adopted: October 27, 2004 Released: October 29, 2004 By the Assistant Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Lebanon Educational Broadcasting Foundation (``Lebanon''), licensee of noncommercial Station KTTK(FM), Lebanon, Missouri, for its willful violation of the public file requirements of Section 73.3527(c)(1) of the Commission's Rules (``Rules''). background On January 30, 2003, an agent from the Commission's Kansas City, Missouri Field Office (``Field Office'') inspected Station KTTK's facilities, and observed that certain documents (the station's contour map and issues/programs list, and copy of the ``Public and Broadcasting'' manual) were missing from the station's public files and thus not made available during the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3494A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3494A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3494A1.txt
  • that the complainant is entitled to equal opportunities on the same free basis as her opponent. We emphasize that our ruling herein is limited to the specific circumstances of this complainant's request for equal opportunities. With respect to complainant's allegation regarding the political file, licensees are not obligated to mail or fax material from the file. See 47 C.F.R. Section 73.3527(c)(2)(i). Accordingly, IT IS ORDERED that the complaint is granted in part, as indicated above. William H. Johnson Deputy Chief, Media Bureau (...continued from previous page) (Continued....) Federal Communications Commission DA04-3494 Federal Communications Commission DA 04-3494 3 ? [ \ _ � � � h� h� F � � � " % G X � � � � � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3991A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3991A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3991A1.txt
  • File No. EB-03-KC-131 NAL/Acct. No. 200432560002 FRN 0006-7913-54 FORFEITURE ORDER Adopted: December 21, 2004 Released: December 23, 2004 By the Assistant Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to The Moody Bible Institute of Chicago (``Moody''), licensee of station KMDY-FM, for willful violation of Section 73.3527(c) of the Commission's Rules (``Rules''). The noted violation involves Moody's failure to make available a complete public inspection file for station KMDY-FM during normal business hours. 2. On February 13, 2004, the Commission's Kansas City, Missouri Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Moody for a forfeiture in the amount of ten thousand
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2827A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2827A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2827A1.txt
  • willful and repeated violations of the Commission's rule requiring noncommercial educational television broadcast stations to place in the station's public inspection file TV issues/programs lists for each calendar quarter and willful violation of the Commission's rule requiring noncommercial educational television broadcast stations to place in the station's public inspection file an EEO public file report on an annual basis. Section 73.3527 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 73.3527(e)(8) provides that a TV issues/programs list is to be placed in a noncommercial educational TV broadcast station's public inspection file each calendar quarter. Section 73.3527 also requires licensees to place TV issues/programs lists for each
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2907A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2907A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2907A1.txt
  • ``Request for Cancellation of Proposed Forfeiture'' (``Request'') filed by The Trustees of Davidson College (``TDC''), licensee of noncommercial educational station WDAV(FM), Davidson, North Carolina, directed to the June 21, 2004 staff action issuing a Notice Of Apparent Liability For A Forfeiture (``NAL'') to TDC for violation of the Commission's rule regarding a broadcast station's public inspection file, 47 C.F.R Section 73.3527. For the reasons set forth below, we grant TDC's alternative request and reduce the forfeiture. 2. Background. On August 1, 2003, TDC filed an application to renew the license of WDAV(FM). 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 73.3527 has been placed in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3088A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3088A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3088A1.txt
  • 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, 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 indicated ``No'' to that certification, attaching an Exhibit explaining that requisite issues/programs lists were not placed in the public file on a quarterly basis. In its Exhibit, Faith also acknowledges that these lists have not been re-created, but steps have been taken to ensure
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1481A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1481A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1481A1.txt
  • copies of items requested in a timely manner. Specifically, Oldfield claims that WJPZ-FM removed requested items from the file and took more than 10 days to fulfill his requests for copies. Oldfield does not specify which items were omitted. In failing to do so, it is unclear if the requested documents were required to be present in the file. Section 73.3527(c) of the Rules specifies that requests for copies shall be fulfilled ``within a reasonable period of time.'' Because it is unclear which documents Oldfield was requesting, or when he requested 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1501A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1501A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1501A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules by failing to retain all required documentation in the WCHC(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 WCHC(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1502A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1502A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1502A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules by failing to retain all required documentation in the WERS(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 WERS(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1505A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1505A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1505A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules by failing to retain all required documentation in the KNBU(FM) public inspection file. Based upon our review of the facts and circumstances before us, we: (1) conclude that, for this violation, the Licensee is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000); (2) admonish the Licensee for providing inaccurate and contradictory
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1665A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1665A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1665A1.txt
  • Memorandum Opinion and Order (``Order''), we deny a petition for reconsideration filed by Paulino Bernal Evangelism (``Evangelism''), former licensee of AM broadcast station KBRN, Boerne, Texas. Evangelism filed for reconsideration of a Bureau Forfeiture Order issued to Evangelism on October 19, 2004, in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted rule violations involve Evangelism's failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the hours of station operation, and failure to make the station's public inspection file available. II. BACKGROUND On October 28, 2003, an agent from the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1895A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1895A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1895A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules, by failing to retain all required documentation in the WXLV(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 WXLV(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2290A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2290A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2290A1.txt
  • ) ) File Number: EB-06-TP-027 NAL/Acct. No. 200732700001 FRN 0008-1031-37 ORDER Adopted: November 8, 2006 Released: November 13, 2006 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION By this Order (``Order''), we cancel the proposed four thousand dollar ($4,000) forfeiture issued to CSN International, licensee of WYJC(FM), Tallahassee, Florida (``CSN'') for the apparent willful violation of Section 73.3527 of the Commission's Rules. We also admonish CSN for failing to make available a complete public inspection file. II. BACKGROUND On April 6, 2006, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') conducted an inspection of station WYJC located in Tallahassee, Florida. During regular business hours, the agents requested to inspect the station's public inspection file.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2344A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2344A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2344A1.txt
  • Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules'') by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Sections 73.1943 and 73.3527 of the Rules by failing to retain all required documentation in the WRCJ-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 two thousand dollars ($2,000), and we grant the captioned WRCJ-FM renewal application. II. BACKGROUND Section 73.3527 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2346A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2346A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2346A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules by failing to retain all required documentation in the WDDM(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 WDDM(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2353A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2353A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2353A1.txt
  • Order, we adopt the attached Consent Decree entered into by the Media Bureau and Word of Victory Outreach Center, Inc. (the ``Licensee''), licensee of non-commercial educational Station KLUH(FM), Poplar Bluff, Missouri (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned renewal application for the license for the Station of whether the Licensee violated Section 73.3527 of the Commission's Rules (the ``Rules''), which governs the maintenance of a noncommercial educational 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 $15,000 voluntary contribution to the United States Treasury. A copy of the Consent Decree is attached
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2353A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2353A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2353A2.txt
  • date on which 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 WVOC; (h) ``Order'' means the order of the Bureau adopting this Consent Decree; (i) ``Parties'' means the Bureau and WVOC; (j) ``Public File Rule'' means Section 73.3527 of the Commission's rules, 47 C.F.R. � 73.3527; (k) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (l) ``Station'' means Station KLUH(FM), Poplar Bluff, Missouri (Facility ID No. 10999); (m) ``Violations'' means the violations of the Public File Rule; and (n) ``WVOC'' means Word of Victory Outreach Center, Inc., the licensee of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-326A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-326A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-326A1.txt
  • part a Petition for Reconsideration filed by Lebanon Educational Broadcasting Foundation (``Lebanon''), Licensee of Noncommercial Station KTTK(FM), Lebanon, Missouri. Lebanon seeks reconsideration of a Forfeiture Order in which the Assistant Chief, Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of four thousand dollars ($4,000) for willful violation of the public inspection file requirements of Section 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted violation involves Lebanon's failure to make available for inspection all required items in the station's public inspection file during regular business hours. For the reasons discussed below, we find that a further reduction of the forfeiture amount from $4,000 to three thousand two hundred dollars ($3,200) is warranted. II. BACKGROUND On January 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-500A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-500A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-500A1.txt
  • submission of required forms, and untimely renewal applications disrupt the orderly processing of renewal applications in accordance with the staggered filing deadlines set forth in Section 73.1020 of the Commission's rules. Section 73.3526 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. As stated above, Boothe argues that McKissick failed to properly maintain a public inspection file for WYNI(AM) in violation of Section 73.3526. In the WYNI(AM) license renewal application, McKissick acknowledges its public file deficiencies. Specifically, McKissick indicated ``No'' to that certification, filing an Exhibit explaining
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-756A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-756A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-756A1.txt
  • Mr. Ramirez: This letter refers to the captioned application of Bilingual Broadcasting Foundation, Inc. (``BBF'') for renewal of license for non-commercial educational Station KBBF(FM), Santa Rosa, California. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-758A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-758A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-758A1.txt
  • lack of candor involves concealment, evasion, and other failures to be fully forthcoming. Intent to deceive is a factual question that can be greatly informed by a motive or logical desire to deceive. Section III, Item 3 of the renewal application (FCC Form 303-S) states: Local Public File. Licensee certifies that the documentation, required by 47 C.F.R. Sections 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee responded to this item in the affirmative in each captioned renewal application and attached an ``Exhibit 11,'' described above. A ``No'' response is required to this question when the licensee knows or has a reasonable belief that required material(s) had not been placed in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1073A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1073A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1073A1.txt
  • Account No. 200732080021 FRN No. 0009387226 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 7, 2007 Released: March 7, 2007 By the Chief, Investigations and Hearings Division, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Gaston College, licensee of Noncommercial Educational Station WSGE(FM), Dallas, North Carolina (the ``Station''), willfully and repeatedly violated Section 73.3527 of the Commission's rules relating to a noncommercial licensee's obligation to properly maintain and make available a public inspection file. For the following reasons, we conclude that Gaston College is apparently liable for the base forfeiture amount of $10,000. BACKGROUND On March 7, 2005, the Commission received a complaint (the ``Complaint'') from J. Davidson Morrison (the ``Complainant''), who alleges that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1249A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1249A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1249A1.txt
  • received by the Commission on December 19, 2006 (the ``Shear Informal Objection''). For the reasons set forth below, we grant in part and deny in all other respects the VSI Petition and we deny the Shear Informal Objection. We also admonish the Licensee for its apparent willful and repeated violation of the public inspection file access requirements contained in Section 73.3527(c) of the Commission's Rules (the ``Rules''), and grant the Application. Background. VSI alleges that the Licensee has: (a) abandoned direct management of the Station; (b) violated the Fairness Doctrine and Section 73.1910 of the Rules by failing to provide reasonable opportunity for the discussion of conflicting points of view on issues of public importance; (c) failed to provide programming relating
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-124A1.txt
  • 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 73.3527 of the Rules by failing to retain all required documentation in the WBOR(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 eleven thousand five hundred dollars ($11,500), and we grant the captioned WBOR(FM) renewal application. BACKGROUND Section 73.3539(a)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1439A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1439A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1439A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules, by failing to retain all required documentation in the WDVX(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 WDVX(FM) renewal application. II. BACKGROUND 2. Section 73.3527
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1752A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1752A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1752A1.txt
  • forfeiture in the amount of six thousand dollars ($6,000). II. BACKGROUND Section 73.3615(d) of the Rules requires noncommercial educational broadcast station licensees to file a Biennial Ownership Report (FCC Form 323-E) 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 73.3527(e)(4) of the Rules also requires each licensee of a noncommercial educational 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. Where lapses occur in maintaining the public file, neither the negligent acts nor omissions of station employees or agents, nor the subsequent remedial actions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1838A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1838A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1838A1.txt
  • of Hoosier Public Radio Corporation'' (the ``Response''), both of which were filed by Franklin Township. 47 C.F.R. � 73.561(b). Hoosier subsequently filed a number of other requests, motions and petitions. Public Notice of the Staff Decision was released on March 7, 2005. Broadcast Actions, Public Notice, Report No. 45935 (Mar. 7, 2005). Petition at unnumbered page 2. 47 C.F.R. � 73.3527. WWIZ, Inc., 37 FCC at 686; see also National Association of Broadcasters, Memorandum Opinion and Order, 18 FCC Rcd 24414, 24415 (2003). See also 47 C.F.R. � 1.106(c). The Hoosier Petition fails to comply with 47 C.F.R. � 1.49(a) (containing specifications for pleadings filed with the Commission), 47 C.F.R. � 1.49(c) (requiring that pleadings exceeding ten pages include as part
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1940A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1940A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1940A1.txt
  • Market Allocation, Request for Review and Declaratory Ruling - Ex Parte Applicant Communications, Motion To Compel - Request For Discovery, Petition To Deny - Request for Moratorium,'' filed September 20, 2004. Public Notice of the Staff Decision was released on March 7, 2005 Public Notice, Broadcast Actions, Report No. 45935 (March 7, 2005). 47 C.F.R. � 73.3513. 47 C.F.R. � 73.3527. WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964), aff'd sub. nom Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied 383 U.S. 967 (1966)(``WWIZ, Inc.''); see also National Association of Broadcasters, Memorandum Opinion and Order, 18 FCC Rcd 24414, 24415 (2003). See also 47 C.F.R. � 1.106(c). 47 C.F.R. � 1.106(b) and (c).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1941A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1941A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1941A1.txt
  • Applicant Communications/Motion To Compel - Request For Discovery/Petition To Deny - Request For Moratorium'' against WJEL(FM) and other stations. This submission is untimely as to WJEL(FM) and is an unauthorized pleading filed subsequent to the deadline for reconsideration petitions as to WJEL(FM). Accordingly, it will be dismissed. Public Notice, Broadcast Actions, Report No. 45798 (August 13, 2004). 47 C.F.R. � 73.3527 . 47 U.S.C. � 405. See also 47 C.F.R. � 1.106(f). See, e.g., Gardner v. FCC, 530 F.2d 1086, 1091-92 (D.C. Cir. 1976). In addition, Section 1.106(b)(1) of the Rules requires that a petition for reconsideration filed by a person who is not a party to the proceeding must ``state with particularity the manner in which the person's interests are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1961A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1961A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1961A1.txt
  • file, although they were later destroyed or removed when the Station's facilities were vandalized. Considering the record as a whole, we believe that a $1,000 forfeiture is appropriate for the violations in this case. Accordingly, we find that the Licensee is apparently liable for a forfeiture in the amount of $1,000 for its apparent willful and repeated violation of Section 73.3527. Thus, we propose a forfeiture in the total amount of $8,000. 10. License Renewal Application. In evaluating an application for license renewal, the Commission's decision is governed by Section 309(k) of the Act. That section provides that if, upon consideration of the application and pleadings, we find that (1) the station has served the public interest, convenience, and necessity; (2)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1962A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1962A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1962A1.txt
  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Associate Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules by failing to retain all required documentation in the WMKY(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 WMKY(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1980A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1980A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1980A1.txt
  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Associate Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules by failing to retain all required documentation in the WSMC-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 WSMC-FM renewal application. II. BACKGROUND Section 73.3527 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2101A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2101A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2101A1.txt
  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Associate Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules by failing to retain all required documentation in the KCAS(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 KCAS(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-220A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-220A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-220A1.txt
  • Receipt Requested, to CC Licenses, 2625 S. Memorial Drive, Suite A, Tulsa, Oklahoma 74129, and to its counsel, Dorann Bunkin, Esq., Wiley, Rein & Fielding, LLP, 1776 K Street, N.W., Washington, D.C. 20006. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai 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. � 73.3527. 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, 8 FCC Rcd 6400 (MMB 1993)). See 47 C.F.R. 73.3526(e)(12). See captioned application, Exhibit 11. The Licensee indicated that it now has a Public File Director to oversee compliance with all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-249A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-249A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-249A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules by failing to retain all required documentation in the WYMS(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 one thousand dollars ($1,000), and we grant the captioned WYMS(FM) renewal application. II. BACKGROUND 2. Section 73.3527
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2658A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2658A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2658A1.txt
  • Radio also argues that the forfeiture amount should be reduced consistent with the Media Bureau's decision in Trustees of Davidson College, in which a $9,000 forfeiture concerning three years of missing issues/programs lists was reduced to $1,000. The Davidson College case is not dispositive in this case. We first note that the Davidson College case involved a violation of Section 73.3527 of the Rules, and the violation was self-reported by the licensee. Additionally, the Media Bureau concluded that the missing issues/programs lists were missing for eight months, rather than for three years. In the present case, the violations were discovered by a Seattle agent during an inspection of the licensee's public inspection file. In similar situations, we have proposed and imposed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2659A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2659A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2659A1.txt
  • Radio also argues that the forfeiture amount should be reduced consistent with the Media Bureau's decision in Trustees of Davidson College, in which a $9,000 forfeiture concerning three years of missing issues/programs lists was reduced to $1,000. The Davidson College case is not dispositive in this case. We first note that the Davidson College case involved a violation of Section 73.3527 of the Rules and the violation was self-reported by the licensee. Additionally, the Media Bureau concluded that the missing issues/programs lists were missing for eight months, rather than for three years. In the present case, the violations were discovered by a Seattle agent during an inspection of the licensee's public inspection file. In similar situations, we have proposed and imposed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3099A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3099A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3099A1.txt
  • FRN: 0003753878 FORFEITURE ORDER Adopted: July 10, 2007 Released: July 12, 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 Brenau University Network (``Brenau''), licensee of FM radio station WBCX, in Gainesville, Georgia, for willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules''). The noted violation involves Brenau's failure to make available and maintain a complete public inspection file. 2. On May 2, 2007, the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Brenau. Brenau has not filed a response to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3245A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3245A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3245A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules by failing to retain all required documentation in the KOOP(FM) public inspection file, and we find that the Licensee also violated the alien ownership provisions of Section 310(b) of the Act. Based upon our review of the facts and circumstances before us, we grant Ellinger's Objection in part; conclude that the Licensee is apparently liable for a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3515A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3515A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3515A1.txt
  • 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; willfully and repeatedly violated Section 301 of the Act, by engaging in unauthorized operation of the Station after its authorization had expired; and willfully violated Section 73.3527 of the Rules by failing to retain all required documentation in the WBFH(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 seventeen thousand dollars ($17,000); we grant in part and deny in part RB's and Superior's pleadings; we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4343A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4343A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4343A1.txt
  • 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 or inaccurate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4943A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4943A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4943A1.txt
  • In this Order, we adopt the attached Consent Decree entered into by the Media Bureau (the ``Bureau'') and Capitol Broadcasting Association, Inc. (the ``Licensee''), licensee of non-commercial educational Station KMFA(FM), Austin, Texas (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned license renewal application for the Station as to whether the Licensee violated Section 73.3527 of the Commission's Rules (the ``Rules''), which governs the maintenance of a noncommercial educational 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 by served
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4943A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4943A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4943A2.txt
  • on which the Bureau releases the Order; (h) ``Execution Date'' means the date on which this Consent Decree is executed by the last of the Parties to do so; (i) ``Licensee'' refers to CBA; (j) ``Order'' means the Order of the Bureau adopting this Consent Decree; (k) ``Parties'' means the Bureau and the Licensee; (l) ``Public File Rule'' means Section 73.3527 of the Commission's Rules, 47 C.F.R. � 73.3527; (m) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (n) ``Station'' means Station KMFA(FM), Austin, Texas (Facility ID No. 8685); and (o) ``Violations'' means the violations of the Public File Rule at the Station. III. Background 3. On March 31, 2005, CBA filed the Application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-502A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-502A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-502A1.txt
  • INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand two hundred dollars ($11,200) to Long Pond Baptist Church (``Long Pond''), licensee of radio station WTBH (FM) and owner of antenna structure # 1204141, for willful and repeated violation of Section 17.50 of the Commission's Rules (``Rules'') and for willful violation of Section 73.3527 of the Rules. The noted violations involve Long Pond's failure to clean and repaint its antenna structure as often as necessary to maintain good visibility and its failure to maintain for public inspection the complete required contents of the station's public inspection file. II. BACKGROUND On September 13, 2005, agents of the Enforcement Bureau's Tampa Office conducted an inspection of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5045A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5045A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5045A1.txt
  • Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules, by failing to retain all required documentation in the WSCS(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 WSCS(FM) renewal application. II. BACKGROUND 2. Section 73.3527
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5046A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5046A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5046A1.txt
  • Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules, by failing to retain required documentation in the WKDU(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 WKDU(FM) renewal application. II. BACKGROUND Section 73.3527 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5047A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5047A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5047A1.txt
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act, 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 73.3527 of the Rules, by failing to retain required documentation in the WRPS(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 WRPS(FM) renewal application. II. BACKGROUND 2. Section 73.3527 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-635A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-635A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-635A1.txt
  • 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. II. BACKGROUND
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1145A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1145A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1145A1.txt
  • 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, as applicable, has been placed in the station's public inspection file at the appropriate times. SCC indicated ``No'' to that certification, attaching an Exhibit explaining that the issues/programs list for the second quarter of 2001 and the biennial ownership reports for 1996 and 1998 were not timely placed in the public file. In its Exhibit, SCC acknowledges that it has
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1146A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1146A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1146A1.txt
  • 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, as applicable, has been placed in the station's public inspection file at the appropriate times. SCC indicated ``No'' to that certification, attaching an Exhibit explaining that the issues/programs list for the second quarter of 2001 and the biennial ownership reports for 1996 and 1998 were not timely placed in the public file. In its Exhibit, SCC acknowledges that it has
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1363A1.pdf
  • 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 rules to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1474A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1474A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1474A1.txt
  • 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 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1478A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1478A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1478A1.txt
  • 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 staff advised
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1479A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1479A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1479A1.txt
  • 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 advised Licensee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1655A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1655A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1655A1.txt
  • 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 four; in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1656A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1656A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1656A1.txt
  • 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 10, 2004,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1657A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1657A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1657A1.txt
  • 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 and four;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1706A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1706A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1706A1.txt
  • 0007978752 FORFEITURE ORDER Adopted: July 21, 2008 Released: July 23, 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 four thousand dollars ($4,000) to Friendship Communications, Inc. (``Friendship''), licensee of non-commercial station KWOF-FM, in Hiawatha, Iowa, for willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules''). The noted violation involves Friendship's failure to maintain and make available a complete public inspection file. II. BACKGROUND On March 12, 2008, in response to a complaint, an agent from the Commission's Kansas City Office of the Enforcement Bureau (``Kansas City Office'') requested to inspect station KWOF-FM's public inspection file at its main studio during
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1738A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1738A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1738A1.txt
  • to Licensee for these violations. Licensee filed a Request for Cancellation of Proposed Forfeiture (``Request'') on January 7, 2005. 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, the first and third quarters; in 2000, the first three quarters; in 2001, quarters two and four;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1764A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1764A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1764A1.txt
  • to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on December 3, 2004. On December 1, 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 the following issues/programs lists were not in the Station's public files: all four quarters in 1999 and 2001; the first and second quarters in 2002, and the first and second quarters
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1766A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1766A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1766A1.txt
  • to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on December 6, 2004. On December 1, 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 the following issues/programs lists were not in the Station's public files: in 1999, the first, second and fourth quarters; all four quarters in 2001, and the first quarter in 2002. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1849A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1849A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1849A1.txt
  • 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, 2004. 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. Neely indicated "No" to that certification, filing an amendment to his Exhibit explaining that the issues/program lists from April 1998 through the first quarter of 2003 - the period of Neely's tenure as licensee1 - were missing. Neely states that all issues/programs lists have been
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1859A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1859A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1859A1.txt
  • 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, 2004. 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. Entercom indicated "No" to that certification, explaining in its attached Exhibit that "in reviewing its public inspection file, the licensee found that the quarterly issues and programs lists for the second and third quarters of 2000 and the third and fourth quarters of 2001 were
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1950A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1950A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1950A1.txt
  • 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, D.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1996A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1996A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1996A1.txt
  • violations, for a total of $18,000. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 21, 2005. On July 29, 2004, Licensee filed applications 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 Exhibit explaining that it discovered in June 2004 that 28 Quarterly Programs and Issues lists were missing from the public files. Specifically, the licensee determined that the following lists were missing: in 1996, quarters
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1997A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1997A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1997A1.txt
  • to Licensee for the violations. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 21, 2005. On July 29, 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 it discovered in June 2004 that 28 Quarterly Programs and Issues lists were missing from the public file. Specifically, the licensee determined that the following lists were missing: in 1996, quarters
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1998A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1998A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1998A1.txt
  • violations, for a total of $18,000. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 14, 2005. On December 5, 2003, Licensee filed applications 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 Exhibits explaining that for station WRJX(AM), the file was missing the issues/programs lists for the first, second and third quarters of 1997; the third and fourth quarters of 1998; the first, second and fourth quarters
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1999A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1999A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1999A1.txt
  • to Licensee for the violations. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 14, 2005. On December 5, 2003, 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 Exhibit explaining that the Station file was missing the issues/programs lists for the first, second and third quarters of 1997; the third and fourth quarters of 1998; the first, second and fourth quarters of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2164A1.txt
  • (``Request'') on July 21, 2004, and a Supplement to Request for Reduction, requesting additional reductions, on March 20, 2006. On February 2, 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 when it was preparing to file its 2004 renewal application, it discovered that ten Quarterly Issues and Programs lists were missing from the public files. Specifically, the licensee determined that lists
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2165A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2165A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2165A1.txt
  • to Licensee for the violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on March 24, 2006. On February 2, 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 when it was preparing to file its 2004 renewal application, it discovered that ten Quarterly Issues and Programs lists were missing from the public files. Specifically, the licensee determined that lists
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2237A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2237A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2237A1.txt
  • license, Huerta's operation of WJHX(AM) was unauthorized and should have ceased immediately. Huerta did not seek Special Temporary Authorization to continue operating the station pending action on the license renewal application. Section 73.3526 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. Huerta indicated "No" to that certification, filing an Exhibit explaining that he was new to broadcast ownership and did not realize until it was brought to his attention during the preparation of the license renewal application for WJXH(AM) that he was required to prepare quarterly
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2426A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2426A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2426A1.txt
  • for the violation. KBLQ filed a Request for Cancellation or Reduction of Forfeiture (``Request'') on December 16, 2005. On June 1, 2005, Sun Valley 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. Sun Valley indicated ``No'' to that certification, attaching an Exhibit explaining that, when it was preparing to file its 2005 renewal application, it discovered that it was missing Quarterly Issues and Programs lists prior to the first quarter of 2002, as well
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2427A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2427A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2427A1.txt
  • for the violation. KKEX filed a Request for Cancellation or Reduction of Forfeiture (``Request'') on December 16, 2005. On June 1, 2005, Sun Valley 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. Sun Valley indicated ``No'' to that certification, attaching an Exhibit explaining that, when it was preparing to file its 2005 renewal application, it discovered that it was missing Quarterly Issues and Programs lists prior to the fourth quarter of 2004. Sun Valley
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2444A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2444A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2444A1.txt
  • Liability (``Response'') on January 3, 2006, and supplemental correspondence (``Supplement''), clarifying certain factual issues, on February 24, 2006. On April 15, 2005, Franklin College 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. Franklin College indicated ``No'' to that certification, attaching as Exhibit 11 a statement that there were gaps in the Issues and Programs lists. On February 7, 2005, Franklin College filed an amended application to renew the license of the Station, attaching a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2445A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2445A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2445A1.txt
  • FORFEITURE 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 seven thousand two hundred dollars ($7,200), to the Washington and Lee University (``Licensee''), licensee of Station WLUR(FM), Lexington, Virginia (``Station''), 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 the Station. BACKGROUND On June 6, 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 Response to Notice of Apparent Liability (``Response'') on July 6, 2005. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2508A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2508A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2508A1.txt
  • Martin: The Chief, Audio Division, has before him the July 13, 2004, letter filed on behalf of Glen Iris Baptist School (``Glen Iris''), licensee of Station WQEM(FM), Columbiana, Alabama. The Response requests reduction or cancellation of a June 21, 2004, Notice of Apparent Liability for a Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) for violations of Section 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2618A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2618A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2618A1.txt
  • Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau and Utica College (the ``Licensee''), licensee of non-commercial educational Station WPNR-FM, Utica, New York (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned license renewal application for the Station as to whether the Licensee violated Section 73.3527 of the Commission's Rules (the ``Rules''), which governs the maintenance of a noncommercial educational 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2618A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2618A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2618A2.txt
  • which the Bureau releases the Order; (g) ``Execution Date'' means the date on which this Consent Decree is executed by the last of the Parties to do so; (h) ``Licensee'' refers to Utica College; (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 73.3527 of the Commission's rules, 47 C.F.R. � 73.3527; (l) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (m) ``Station'' means Station WPNR-FM, Utica, New York (Facility ID No. 64355); (n) ``Term'' means the period of time in which the Compliance Plan is in effect; and (o) ``Violations'' means the violations of the Public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-263A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-263A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-263A1.txt
  • Content-Transfer-Encoding: 8bit DA 08-263 Released: February 1, 2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Community Television of Southern California KCET(TV) 4401 Sunset Boulevard Los Angeles, California 90027 Re: Community Television of Southern California KCET(TV), Los Angeles, California Facility ID No. 13058 File No. BRET-20060803ABE Dear Licensee: This refers to your license renewal application for station KCET(TV), Los Angeles, California. Section 73.3527 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 73.3527(e)(8) of the Rules provides that a TV issues/programs list is to be placed in a noncommercial educational TV broadcast station's public inspection file each calendar quarter. Where lapses occur in maintaining the public file, neither
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2726A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2726A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2726A1.txt
  • 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. Holiday
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-280A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-280A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-280A1.txt
  • against it and reported both on FCC Form 396 and in WSKG's response to a Commission audit letter. The description of the actions filed against WSKG was substantially similar in both responses (including the case numbers and disposition), and we find no misrepresentation or lack of candor on WSKG's part in this regard. Finally, we find no violation of Section 73.3527(e)(9), requiring the maintenance of a list of donors supporting specific programs for two years following the air dates of such programs. WSKG states that it only accepts donations for general support, not specific programs, although it does allow underwriters to schedule underwriting announcements during specified dayparts or during specific programs. Objectors have not provided information to show that certain sponsors
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-309A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-309A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-309A1.txt
  • applicants in a group propose to serve the same community of license. See 47 C.F.R. � 73.7002(a). Id. See also Beacon Broadcasting, Memorandum Opinion and Order, 2 FCC Rcd 3469 (1987) (where the Commission first had to determine whether Fairforest was a community for the purposes of the Commission's rules before proceeding to a 307(b) analysis). See 47 C.F.R. � 73.3527(b). See 47 C.F.R. � 73.3527(e)(8). Daystar's Application focuses primarily on meeting the needs and interests of the station's service contour'' or ``service area,'' but implicitly recognizes the importance of community of license by promising to consult ``community leaders'' and citizens to determine ``the programming needs of Favoretta.'' Application at Exs. L-1, L-2, L-4. See 47 C.F.R. � 73.515. See Revision
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-365A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-365A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-365A1.txt
  • 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, as applicable, has been placed in the station's public inspection file at the appropriate times. SCC indicated ``No'' to that certification, attaching an Exhibit explaining that the issues/programs list for the second quarter of 2001 and the biennial ownership reports for 1996 and 1998 were not timely placed in the public file. In its Exhibit, SCC acknowledges that it has
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-366A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-366A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-366A1.txt
  • 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). Compare, Bloomfield Hills School District, Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 14055, 14060 (MB 2007) (apparent violation of Section 73.3527 found where licensee provided no evidence to rebut objector's declaration under penalty of perjury). See Application No. BL-19890814AD, granted on January 16, 1990. For one year after the commencement of transmissions with new or modified facilities, all radio stations are required to take remedial action to resolve blanketing interference complaints occurring within the immediate vicinity of the antenna site. A
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-757A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-757A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-757A1.txt
  • 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 after the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-940A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-940A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-940A1.txt
  • 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 / 418-0500 Internet: http://www.fcc.gov TTY:
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1003A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1003A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1003A1.txt
  • forth below, we deny the Objection and grant the Application. Background. On October 18, 2007, Iglesia tendered its Application for a new NCE-FM station on Channel 213 at Tucumcari, New Mexico. On November 27, 2007, Trinity submitted the Objection alleging that the Application should not be granted because Iglesia violated the local public inspection and local notice requirements of Sections 73.3527 and 73.3580, respectively, of the Commission's Rules (the ``Rules''). In the Opposition, Iglesia argues that the Objection constituted an unlawful ex parte communication because it was never served upon Iglesia or its attorney and that the Objection should be denied on its merits. In Reply, Trinity argues that Iglesia does not deny that it failed to comply with the requirements
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1059A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1059A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1059A1.txt
  • No. BR-20051130AVR FORFEITURE ORDER Adopted: May 12, 2009 Released: May 13, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000), to College of the Holy Cross (``Licensee''), licensee of Station WCHC(FM), Worcester, Massachusetts (``Station''), 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 the Station. BACKGROUND On July 27, 2006, 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. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on August 28, 2006. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1100A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1100A1.txt
  • FRN: 0003632627 File No. BRED-20051130BEJ FORFEITURE ORDER Adopted: May 19, 2009 Released: May 20, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000), to Emerson College (``Licensee''), licensee of Station WERS(FM), Boston, Massachusetts (``Station''), 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 the Station. BACKGROUND On July 27, 2006, 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. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on August 28, 2006. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1208A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1208A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1208A1.txt
  • of FM radio station WYGG in Asbury Park, New Jersey, for willfully and repeatedly violating Section 1.1310 of the Commission's Rules (``Rules), by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. BACKGROUND rized location. The antenna was mounted at a height of 43.9 meters AGL, which exceeded its authorized antenna height by 29.9 meters. After identifying the station's location, the agent then entered the building located at 601 Bangs Avenue and identified himself to the front desk clerk. The clerk
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1366A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1366A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1366A1.txt
  • NAL, Urban Radio filed a ``Statement'' on July 10, 2006, seeking cancellation or reduction of the proposed forfeiture. On July 29, 2005, Urban Radio 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. Urban Radio indicated ``No'' to that certification, attaching an Exhibit explaining that, when it was preparing to file its 2005 renewal application, it discovered that it was missing quarterly issues/programs lists for the periods from July 1, 1998 to March 31, 2000,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1372A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1372A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1372A1.txt
  • file, lack of operational Emergency Alert System (``EAS'') equipment, lack of monthly EAS tests, no personnel or remote control equipment to control the transmitter, failure to post the license, failure to designate a chief operator, and failure to have equipment performance measurements available. See 47 C.F.R. �� 11.35, 11.61, 73.1125, 73.1230, 73.1300, 73.1350(b), (h), and (i), 73.1400, 73.1590, 73.1870 and 73.3527. See LOI at 2-3 and Ex. B. Response at 5. Id. at 4. See LOI, Ex. B. The only defense asserted by GLBC and GLBA in their Response is to claim that their pattern of constructing quasi-translators (if that) instead of the full-service NCE-FM stations authorized in their construction permits constitutes ``compliance'' with their authorizations because the facilities did not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-140A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-140A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-140A1.txt
  • BRED-20050201AMD 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 seven thousand two hundred dollars ($7,200), to The Christian Center, Inc. (``Licensee''), licensee of Station KJRF(FM), Lawton, Oklahoma (``Station''), 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 the Station. BACKGROUND On June 22, 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 July 21, 2005. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1426A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1426A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1426A1.txt
  • 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 � 37. Id.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-142A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-142A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-142A1.txt
  • to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 12, 2005. On May 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 the issues/programs lists from the first quarter of 1998 through the second quarter of 2003 were not in the Station's public files. On December 22, 2004, the staff advised Licensee of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-148A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-148A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-148A1.txt
  • No. BRED-20041201AEU FORFEITURE ORDER Adopted: January 27, 2009 Released: January 29, 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 Fort Belknap College (``Licensee''), licensee of Station KGVA(FM), Fort Belknap Agency, Montana (``Station''), 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 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 23, 2005. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-14A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-14A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-14A1.txt
  • 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.'' The Objectors complain that the Station's public inspection file contained no trace of any listener comments regarding the Licensee's alleged solicitation of input regarding its format change in 2003. Section 73.3527 of the Rules requires an NCE broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. That rule does not require that NCE licensees retain copies of letters or electronic mail messages from the public. Accordingly, even were we to take as true the Objector's claim that the Station's public inspection file in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1596A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1596A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1596A1.txt
  • his 2006 license renewal application 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 steps to ensure that all necessary documentation required to be kept in the file has been, or will immediately be, placed in the file. 47 C.F.R. � 73.503(a). See 47 C.F.R. � 73.3527(e)(12) See Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994). 47 C.F.R. �� 0.111, 0.311, 1.80(f). See 47 C.F.R. � 1.1914. (continued....) Federal Communications Commission DA 09-1596 Federal Communications Commission DA 09-1596 j � � �\ֆ���F�C''�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1740A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1740A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1740A1.txt
  • (the "Act"), and Section 1.80 of the Commission's Rules (the }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw2 "Rules"),}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw2\super 2}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw2 by the Chief, Audio Division, Media Bureau by authority delegated under Section 0.283 of the Rules,}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw2\super 3}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw2 we find }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\super 4}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 by failing to retain all required documentation in the Station\rquote s public inspection file. Based upon our review of the }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd1\expndtw5 facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 forfeiture in the amount of ten
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1790A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1790A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1790A2.txt
  • 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 information. We do not require that employment units retain
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2176A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2176A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2176A1.txt
  • Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules by failing to retain all required documentation in the KSLC(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 KSLC(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-236A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-236A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-236A1.txt
  • Arkansas ) Forfeiture Order Adopted: February 12, 2009 Released: February 13, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand two hundred dollars ($7,200) to John Brown University (``JBU''), licensee of KLRC(FM), Siloam Springs, 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-251A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-251A1.txt
  • the NAL on August 4, 2004, requesting cancellation and/or reduction of the proposed forfeiture (``Request''). 3. Previously, on August 1, 2003, Citadel filed the referenced application (``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. Citadel indicated ``No'' to that certification, filing an exhibit explaining that the issues/programs lists were missing from the public file from the third quarter of 1999 through the first quarter of 2003. The exhibit further stated that corrective measures were taken and that the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2522A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2522A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2522A1.txt
  • 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 Forfeiture'' (``Response'')
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2540A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2540A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2540A1.txt
  • No. BRED-20050822AAB FORFEITURE ORDER Adopted: December 3, 2009 Released: December 4, 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 San Jose State University (``Licensee''), licensee of Station KSJS(FM), San Jose, California (``Station''), 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 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 18, 2006. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-403A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-403A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-403A1.txt
  • interest. Rather, the inspection revealed two public inspection rule violations that were resolved during the course of the inspection and a transmitter power calculation violation that was unrelated to any claim made by Ms. Schademann or Mr. Powers. These violations were addressed through a verbal admonition to the Station's General Manager. We find that the Licensee's violations of Sections 73.267(c), 73.3527(e) and 73.3539 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 the Station served the public interest, convenience, and necessity during the subject license term. We will therefore grant the Application. IV. ORDERING CLAUSES Accordingly, IT
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-488A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-488A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-488A1.txt
  • No. BRED-20050121AGB 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 seven thousand two hundred dollars ($7,200), to Wayne State College (``Licensee''), licensee of Station KWSC(FM), Wayne, Nebraska (``Station''), 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 the Station. BACKGROUND 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 Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on September 14, 2005. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-550A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-550A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-550A1.txt
  • to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on June 8, 2005. On November 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 the issues/programs lists for more than half of the subject license term, from April 1, 1998 to June 30, 2002, and from January 1, 2003, to June 30, 2003, were not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-551A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-551A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-551A1.txt
  • to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on June 13, 2005. On November 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 the issues/programs lists for more than half of the subject license term, from April 1, 1998 to June 30, 2002, and from January 1, 2003, to June 30, 2003, were not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-571A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-571A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-571A1.txt
  • response to the NAL on July 28, 2004, requesting reduction of the proposed forfeiture (``Request''). 3. Previously, on January 28, 2004, KUOA filed the referenced application (``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. KUOA indicated ``No'' to that certification explaining in an amended Exhibit that: Information relating to the licensee's efforts to provide programming covering local issues [had been] placed in the Station's public file. However, it is not possible to determine whether the information was placed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-590A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-590A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-590A1.txt
  • BRED-20041201BRS FORFEITURE ORDER Adopted: March 13, 2009 Released: March 16, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine dollars ($9,000) to The University of Montana-Western (``Licensee''), licensee of noncommercial educational Station KDWG(FM), Dillon, Montana (the ``Station''), 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 the Station. BACKGROUND On June 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 the violations. Licensee filed a "Petition for Cancellation or Reduction of Forfeiture" (``Petition'') on July 25, 2005.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-609A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-609A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-609A1.txt
  • to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 19, 2006. On August 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 issues/programs lists for quarters prior to the second quarter of 2002, and the issues/programs lists for the fourth quarter of 2002 and the first and second quarters of 2003 were missing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-652A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-652A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-652A1.txt
  • BRED-20031208BVA FORFEITURE ORDER Adopted: March 19, 2009 Released: March 20, 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 Radio Free Georgia Broadcasting Foundation, Inc. (``Licensee''), licensee of Station WFRG(FM), Atlanta, Georgia (``Station''), 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 the Station. BACKGROUND On August 25, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on October 11, 2005. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-667A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-667A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-667A2.txt
  • 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 personally identifiable information. We do not require that employment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-930A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-930A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-930A1.txt
  • File No. BRED-20040323ASY FORFEITURE ORDER Adopted: April 27, 2009 Released: April 28, 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 Tri-State University (``Licensee''), licensee of Station WEAX(FM), Angola, Indiana (``Station''), 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 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 this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on March 23, 2006. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1037A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1037A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1037A1.txt
  • a declaration made under penalty of perjury by an MU administration official stating that if it were not for ``difficult budgetary issues,'' MU fully intended to construct the Station. This is sufficient to rebut Hensley's uncorroborated assertion. Additionally, although Rush County, as proposed assignee of the Station, need not maintain a public inspection file for the Station pursuant to Section 73.3527 of the Rules, Rush County indicates that the Application and associated materials have been available for viewing at an address in Rushville, Indiana, in accordance with notice published in the local newspaper, pursuant to the Rules. Finally, with respect to Hensley's claim - based on an August 6, 2009, newspaper article in the Rushville (Indiana) Republican -- that there is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-142A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-142A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-142A1.txt
  • File No. BRED-20040924AGQ FORFEITURE ORDER Adopted: January 26, 2010 Released: January 27, 2010 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 Truman State University (``TSU''), licensee of noncommercial educational FM Station KKTR(FM), Kirksville, Missouri (``Station''), for willfully violating Section 73.3527 of the Commission's Rules (``Rules'') by failing to properly maintain the Station's public inspection file. BACKGROUND On March 16, 2005, 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-153A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-153A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-153A1.txt
  • No. 200732080021 FRN No. 0009387226 Facility I.D. No. 23324 FORFEITURE ORDER Adopted: January 29, 2010 Released: January 29, 2010 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``FO''), we assess a monetary forfeiture in the amount of $8,000 against Gaston College, licensee of Noncommercial Educational Station WSGE(FM), Dallas, North Carolina (the ``Station''), for willfully and repeatedly violating Section 73.3527 of the Commission's rules relating to a noncommercial licensee's obligation to properly maintain and make available a public inspection file. BACKGROUND As discussed in detail in the Notice of Apparent Liability for Forfeiture (``NAL'') issued in this case, the Commission received a complaint alleging that on March 7, 2005, the licensee, Gaston College, failed to make available for public inspection
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1550A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1550A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1550A2.txt
  • 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 require that employment units retain such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1767A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1767A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1767A1.txt
  • 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, 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 ``the issues/programs lists for the station from 2000 to the first quarter of 2004 were not timely filed in the local public file.'' It stated that it had created these lists,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2375A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2375A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2375A1.txt
  • Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau and Ovid-Elsie Area Schools (the ``Licensee''), licensee of non-commercial educational Station WOES(AM), Ovid-Elsie, Michigan (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned license renewal application for the Station as to whether the Licensee violated Section 73.3527 of the Commission's Rules (the ``Rules''), which governs the maintenance of a noncommercial educational 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, via an Installment Plan, to the United States Treasury. A copy of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2375A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2375A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2375A2.txt
  • which this Consent Decree is executed by the last of the Parties to do so; ``Installment Plan'' means Commission authorized payments in regular installments pursuant to Section 1.1914; (i) ``Licensee'' means Ovid-Elsie Area Schools; (j) ``Order'' means the Order of the Bureau adopting this Consent Decree; (k) ``Parties'' means the Bureau and the Licensee; (l) ``Public File Rule'' means Section 73.3527 of the Commission's Rules, 47 C.F.R. � 73.3527; (m) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (n) ``Station'' means Station WOES(AM), Ovid-Elsie, Michigan (Facility ID No. 50794); and ``Violations'' means the violations of the Public File Rule. III. Background 3. On May 17, 2004, the Licensee filed the Application to renew its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-469A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-469A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-469A1.txt
  • Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau and Roger Williams University (``RWU'' or the ``Licensee''), Licensee of noncommercial educational station WQRI(FM), Bristol, Rhode Island (the ``Station''). The Consent Decree resolves an issue arising from the Bureau's review of the captioned license renewal application as to whether RWU violated Section 73.3527 of the Commission's Rules (the ``Rules''), which governs the maintenance of a station's public inspection file. 2. The Consent Decree provides, among other things, that the Licensee will institute and maintain a Compliance Plan for the Station and make a $1,700 voluntary contribution to the United States Treasury. A copy of the Consent Decree is attached hereto and incorporated by
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-469A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-469A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-469A2.txt
  • (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 Roger Williams University (, ``RWU'' or the ``Licensee''); (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 73.3527 of the Commission's rules, 47 C.F.R. �73.3527; (k) ``Rules'' means the Commission's rules, found in Title 47 of the Code of Federal Regulations; (l) ``Station'' refers to Station WQRI(FM), Bristol, Rhode Island; and (m) ``Violations'' means the violation of the Public File Rule. III. Background 3. On December 1, 2005, the Licensee filed the above-noted application to renew its licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-470A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-470A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-470A1.txt
  • Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau and St. Paul's School (the ``Licensee''), licensee of non-commercial educational Station WSPS(FM), Concord, New Hampshire (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned license renewal application for the Station as to whether the Licensee violated Section 73.3527 of the Commission's Rules (the ``Rules''), which governs the maintenance of a noncommercial educational station's public file (``Public File Rule'') and Section 73.3615 of the Rules, which mandates the filing of ownership reports (``Ownership Report Rule''). 2. The Consent Decree provides, among other things, that the Licensee will institute and maintain, for three years, a Compliance Plan for the Station
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-470A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-470A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-470A2.txt
  • the Bureau releases the Order; (g) ``Execution Date'' means the date on which this Consent Decree is executed by the last of the Parties to do so; (h) ``Licensee'' refers to St. Paul's School; (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 73.3527 of the Commission's rules, 47 C.F.R. Section 73.3527; (l) ``Ownership Report Rule'' means Section 73.3615 of the Commission's rules, 47 C.F.R. Section 73.3615; (m) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (n) ``Station'' means Station WSPS(FM), Concord, New Hampshire (Facility ID No. 62166); (o) ``Term'' means the period of time in which
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-660A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-660A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-660A2.txt
  • 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 require that employment units retain such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1007A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1007A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1007A1.txt
  • 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 been placed in the station's public inspection file at appropriate times. Neely indicated ``No'' to that certification, explaining that the issues/programs lists from April, 1998, through the first quarter of 2003 - the entire period of Neely's tenure as licensee - were missing. Neely stated that all issues/programs lists had been placed in the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1010A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1010A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1010A1.txt
  • No. MB-200941410015 FRN: 0005752100 File No. BRED-20050930BQI FORFEITURE ORDER Adopted: June 6, 2011 Released: June 7, 2011 By the Chief, Audio Division, Media Bureau: Introduction In this Forfeiture Order, we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Linfield College (``Linfield''), licensee of radio station KSLC(FM), McMinnville, Oregon (``Station''), for willfully and repeatedly violating Section 73.3527 of the Commission's Rules (``Rules''). BACKGROUND Section 73.3527 of the Rules requires a noncommercial educational 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 throughout the license period. Among the materials required for inclusion in the file are the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1105A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1105A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1105A1.txt
  • on December 1, 2003, four months prior to the April 1, 2004, license expiration date. The application was not filed until April 20, 2004, nearly three weeks after the station's license had expired. Additionally, 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. Huerta indicated "No" to that certification, explaining that he did not realize he was required to prepare quarterly issues/program lists. Accordingly, he prepared no issues/program lists from the time he acquired the station in May of 2002 until preparing the license renewal application in April
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1128A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1128A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1128A1.txt
  • right to preempt CPRN programs), retain responsibility for financial control over the operating and capital expenses of the Station, and ensure that the Station complies with the Commission's main studio rules and policies. Additionally, the PSOA indicates that CPRN will deliver to the Licensee such information as is required to be placed in the Station's public inspection file by Section 73.3527 of the Rules, will not support or oppose any candidate for political office, and will not broadcast an ``advertisement'' as defined in Section 399B of the Act. In consideration for making Station airtime available to CPRN, the PSOA provides that CPRN will reimburse Licensee for any expenses incurred in connection with delivering and broadcasting CPRN programming, including the cost of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1137A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1137A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1137A1.txt
  • BRED-20051129AFP FORFEITURE ORDER Adopted: June 28, 2011 Released: June 29, 2011 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 Colby-Sawyer College (``Licensee''), licensee of noncommercial educational station WSCS(FM), New London, New Hampshire (``Station''), 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 WSCS(FM). BACKGROUND On November 29, 2005, Licensee filed an application to renew the Station's license. Section III, Item 3 of Licensee's renewal application form, FCC Form 303-S, required the licensee to certify whether the documentation required by Section 73.3527 of the Rules had been placed in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1330A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1330A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1330A3.txt
  • 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 require that employment units retain such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1340A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1340A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1340A1.txt
  • 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 for Forfeiture (``NAL'') proposing a forfeiture in the amount of ten thousand dollars ($10,000) to WPW for its apparent willful and repeated violation of Section 73.3527 of the Rules for failure to retain all required documentation in the Station's public inspection file. On April 18, 2007, WPW filed a response to the NAL (``Response''). In its Response, WPW asked that we cancel or reduce the proposed forfeiture, arguing that: (1) its case was distinguishable from precedent cited in the NAL; (2) it was being treated differently
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1344A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1344A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1344A1.txt
  • Adopted: August 2, 2011 Released: August 3, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000) to Metropolitan School District of Wayne Township (``Licensee'') licensee of noncommercial educational station WBDG (FM), Indianapolis, Indiana (``Station''), for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules'') by failing to retain all required documentation in the Station's public inspection file. II. BACKGROUND On March 24, 2004, Licensee filed an application to renew the Station's license. Section III, Item 3 of Licensee's renewal application form, FCC Form 303-S, required the licensee to certify whether the documentation required by Section 73.3527 of the Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1351A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1351A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1351A1.txt
  • BRED-20030801CXZ FORFEITURE ORDER Adopted: August 3, 2011 Released: August 4, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000) to the University of South Carolina (``Licensee''), licensee of station WUSC-FM, Columbia, South Carolina (``Station''), for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules'') by failing to retain all required documentation in the Station's public inspection file. II. BACKGROUND On August 1, 2003, Licensee filed an application to renew the Station's license. Section III, Item 3 of Licensee's renewal application form, FCC Form 303-S, required the licensee to certify whether the documentation required by Section 73.3527 of the Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1384A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1384A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1384A1.txt
  • BRED-20050331BPC FORFEITURE ORDER Adopted: August 10, 2011 Released: August 11, 2011 By the Chief, Audio Division: INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of eight thousand, seven hundred dollars ($8,700) to Texas Educational Broadcasting Co-operative, Inc. (``Licensee''), licensee of noncommercial educational station KOOP(FM), Hornsby, Texas (``Station''), for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules'') by failing to retain all required documentation in the Station's public inspection file, and for violating the alien ownership provisions of Section 310(b) of the Communications Act of 1934, as amended (``Act''). BACKGROUND On July 16, 2007, the Bureau issued a Notice of Apparent Liability for Forfeiture in the amount of fifteen thousand dollars ($15,000)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1385A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1385A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1385A1.txt
  • 0001773431 File No. BRED-20040329AKC FORFEITURE ORDER Adopted: August 10, 2011 Released: August 11, 2011 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Southern Adventist University (``Licensee''), licensee of radio station WSMC-FM, Collegedale, Tennessee (``Station''), for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules'') by failing to retain all the required documentation in the Station's public file. II. BACKGROUND On May 3, 2007, the Media Bureau (``Bureau'') released a Notice of Apparent Liability for Forfeiture 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1605A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1605A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1605A1.txt
  • majority board turnover to be ``evolutionary''), citing Storer Communications, Inc. v. FCC, 763 F.2d 436, 442 (D.C. Cir. 1985) and Transfer Of Control Of Certain Licensed Non-Stock Entities, 4 FCC Rcd 3403, 3405 (1989). See also Texas Educational Broadcasting Co-operative, Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 13038 (MB 2007) (discounting alleged violation of Section 73.3527 of the Rules on the basis that incremental transfers of control will not necessarily change the nature of the organization or break continuity of control). 47 C.F.R. � 73.3513. 47 C.F.R. � 1.65. Contemporary Media, Inc., v. FCC, 214 F.3d 187, 196 (D.C. Cir. 2000). See David Ortiz Radio Corp. v. FCC, 941 F.2d 1253 (D.C. Cir. 1991) (citing Valley
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.txt
  • find that R.J.'s Late Night Entertainment Corporation (``R.J.''), licensee of Non-Commercial Educational ("NCE") Class D Station WHPR-FM, in Highland Park, Michigan (the ``Station''), apparently willfully and repeatedly violated: (1) section 11.35(a) of the Commission's Rules ("Rules") by failing to maintain operational EAS equipment; (2) section 73.1690(b)(2) of the Rules for moving the Station's transmitter without Commission authorization; and (3) section 73.3527(b)(1) of the Rules by failing to maintain and make available a local public inspection file. We conclude that R.J. is apparently liable for a forfeiture in the amount of twenty-two thousand dollars ($22,000). We further direct R.J. to submit a written statement signed under penalty of perjury stating that Station WHPR-FM is now in compliance with sections 11.35(a) and 73.3527(b)(1)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-216A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-216A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-216A1.txt
  • APPARENT LIABILITY FOR FORFEITURE Adopted: February 4, 2011 Released: February 8, 2011 By the District Director, Los Angeles District Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Community Television of Southern California, Licensee of Noncommercial Educational TV Station KCET, Los Angeles, California (``Community Television''), apparently willfully and repeatedly violated Section 73.3527(c) of the Commission's rules (``Rules'') by failing to make available the Station KCET public inspection file. We conclude that Community Television is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On August 19, 2010, an agent from the Enforcement Bureau's Los Angeles District Office visited Station KCET's main studio at 4401 Sunset Boulevard, Los
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-233A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-233A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-233A1.txt
  • 1000 Potomac Street, N.W. Washington, DC 20007-3501 In re: WDVX(FM), Clinton, Tennessee Facility ID No. 14724 File No. BRED-20040331ANB Application for Renewal Dear Counsel: We hereby cancel a proposed forfeiture in the amount of ten thousand dollars ($10,000) to Cumberland Communities Communications Corporation (``Licensee''), licensee of noncommercial educational radio station WDVX(FM), Clinton, Tennessee (``Station'') and admonish Licensee for violating Section 73.3527 of the Commission's Rules (``Rules''). Background. On March 26, 2007, the Media Bureau (``Bureau'') granted the above-referenced application for license renewal. On March 28, 2007, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') proposing a forfeiture in the amount of ten thousand dollars ($10,000) to Licensee for its apparent willful and repeated violation of Section 73.3527 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-267A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-267A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-267A1.txt
  • No.MB-200741410456 FRN: 0004446100 File No.BRED-20060321ADV FORFEITURE ORDER Adopted: February 9, 2011 Released: February 10, 2011 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000), to Drexel University (``Licensee''), licensee of Station WKDU(FM), Philadelphia, Pennsylvania (``Station''), 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 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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-268A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-268A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-268A1.txt
  • File No. BRED-20050401BWH FORFEITURE ORDER Adopted: February 9, 2011 Released: February 10, 2011 By the Chief, Audio Division, Media Bureau: Introduction In this Forfeiture Order, we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Faith Baptist Church, Inc. (``Licensee''), licensee of radio station KCAS(FM), McCook, Texas (``Station''), for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules''). BACKGROUND On May 18, 2007, the Media Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Licensee for failure to retain all required documentation in the Station's public inspection file. As noted in the NAL, Section 73.3527 of the Rules requires a noncommercial educational broadcast
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-283A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-283A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-283A1.txt
  • 1. \tab In this Order, we adopt and incorporate by reference the attached Co nsent Decree entered into by the Media Bureau (\'93Bureau\'94) and Vermont State Colleges (\'93Licensee\'94), licensee of Station WVTC(FM), Randolph Center, Vermont (\'93Station\'94). The Consent Decree resolves issues arising from the Bureau\rquote s review of the captioned license renewal application. These issues include whether Licensee violated Section 73.3527}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s20\qj \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs22\super \chftn }{ \rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 73.3527.}}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 of the Commission\rquote s rules (\'93Rules\'94), which governs the maintenance of a noncommercial station\rquote s public file; Section 73.3539}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s20\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-308A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-308A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-308A1.txt
  • 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 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. Sudbury 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, the first and third quarters; in 2000, the first three quarters; in 2001, quarters two and four;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-571A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-571A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-571A2.txt
  • 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 require that employment units retain such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-679A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-679A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-679A1.txt
  • File No. BRED-20050822AAB MEMORANDUM OPINION AND ORDER Adopted: April 13, 2011 Released: April 14, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION San Jose State University (``University''), licensee of Station KSJS(FM), San Jose, California (``Station''), filed a Petition for Reconsideration (``Petition'') of the Forfeiture Order issued to the the University for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules'') by failing to properly maintain a public inspection file for the Station. In this Memorandum Opinion and Order, we grant reconsideration in part and reduce 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-683A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-683A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-683A1.txt
  • 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 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. KUOA indicated ``No'' to that certification, explaining in an amended Exhibit that while some required information related to programming had been placed in the Station's public file, it was not possible to determine whether that information was placed in the file at the appropriate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-684A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-684A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-684A1.txt
  • No. 31470 FRN: 0007719222 NAL/Acct. No. MB20041810037 MEMORANDUM OPINION AND ORDER Adopted: April 13, 2011 Released: April 14, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION John Brown University (``John Brown''), licensee of Station KLRC(FM) (``Station''), filed a Petition for Reconsideration (``Petition'') of the Forfeiture Order issued to John Brown 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). 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 John Brown. II. BACKGROUND 2. On January 28, 2004, John Brown filed an application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-691A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-691A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-691A1.txt
  • 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 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. In its renewal application for KAMJ(FM), Phoenix indicated ``No'' to that certification, filing an amended Exhibit explaining that the following issues/programs lists were not in KAMJ(FM)'s public files: in 1999, quarters one through four; in 2000, quarters two and three; in 2001,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-243A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-243A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-243A1.txt
  • 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 require that employment units retain such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-404A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-404A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-404A1.txt
  • before us a Petition for Reconsideration (``Petition'') filed on September 12, 2011, by Southern Adventist University (``SAU''), licensee of Station WSMC-FM in Collegedale, Tennessee (``Station''). The Petition requests reconsideration of a Forfeiture Order released on August 11, 2011, issuing a monetary forfeiture in the amount of eight thousand dollars ($8,000) to SAU for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules''). For the reasons discussed below, we deny SAU's Petition. Background. On May 3, 2007, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') proposing a forfeiture amount of ten thousand dollars ($10,000) to SAU for its apparent willful and repeated violation of Section 73.3527 of the Rules for failure to retain all required
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-563A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-563A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-563A1.txt
  • April 10, 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Media Ministries, Inc. (``Licensee''), for renewal of its license for KBMQ(FM), Monroe, Louisiana (``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 73.3527 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 ten thousand dollars ($10,000). II. BACKGROUND Section 73.3527 of the Rules requires a noncommercial broadcast licensee to maintain a public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-608A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-608A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-608A1.txt
  • and Order, 45 FCC 2d 662 (1974) (licensee responsible for compliance with Commission radiotelephone operator rules despite transfer of control of stock of the licensee subsequent to the violations)). EZ Sacramento, Memorandum Opinion and Order, 16 FCC Rcd 4958, 4959 (2001) (licensee liable for violations concerning broadcast of telephone conversations despite intervening transfer of control). Mapleton incorrectly cites to Section 73.3527(d)(1), the rule applicable to maintenance of the public inspection file for non-commercial educational stations involved in an assignment of the license, to support its contention that it is not responsible for maintaining the public inspection file from the commencement of the license term. Response at 2. The correct rule applicable to a commercial station involved with a transfer of control
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-623A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-623A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-623A1.txt
  • its requests for special temporary authority referenced in its Response. See, e.g., Application File No. BLESTA - 20061127ADL. Response at 6-7. Response at 8. See NAL, 23 FCC Rcd at 6481, � 24. Response at 8. Id. Id. at 9. 47 U.S.C. � 312(g). See supra note 27. 47 U.S.C. � 503(b); 47 C.F.R. �� 0.283, 1.80. 47 C.F.R. � 73.3527. 47 U.S.C. � 504(a). . Id. (continued....) Federal Communications Commission DA 12-623 Federal Communications Commission DA 12-623 � C � � � � � �� �� �� �� �� �� �� �� �� 0 �� � � �� �� �� �� �� �� �� �� �� 0 0 � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-632A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-632A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-632A1.txt
  • during the subject license term pursuant to a `long-form' application . . . the renewal applicant's certifications should cover only the period during which the renewal applicant held the station's license''). See, e.g., Southern Adventist University, Collegedale, Tennessee, Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 8478 (MB 2007) ($10,000 forfeiture proposed for violation of Section 73.3527 occurring over five years and involving 22 missing issues/programs lists). 47 U.S.C. � 309(k). 47 U.S.C. � 309(k)(1). 47 U.S.C. �� 309(k)(2), 309(k)(3). For example, we do not find here that 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."
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-685A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-685A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-685A1.txt
  • 2, 2012 Released: May 2, 2012 By the Regional Director, Northeast Region, Enforcement Bureau: In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of twenty-two thousand dollars ($22,000) to R.J.'s Late Night Entertainment Corporation (R.J.), licensee of Non-Commercial Educational Class D Station WHPR-FM, Highland Park, Michigan (Station), for willfully and repeatedly violating Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. The noted violations involved R.J.'s failure to maintain operational EAS equipment, relocation of the Station's transmitter without authorization, and failure to maintain and make available the Station's local public inspection file. 2. On October 24, 2011, the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-695A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-695A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-695A1.txt
  • 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Toccoa Falls College (``Licensee'') for renewal of its license for WTXR(FM), Toccoa Falls, Georgia (``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 73.3527 of the Rules by failing to retain all required documentation in the WTXR(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 73.3527 of the Rules requires a noncommercial educational broadcast licensee to maintain a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-724A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-724A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-724A1.txt
  • 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 terms of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-724A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-724A2.txt
  • of the Parties to do so; (h) "Licensee" means Media Ministries, Inc.; (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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-752A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-752A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-752A1.txt
  • INTRODUCTION 1. The Media Bureau (``Bureau'') has before it the application of the University of Maryland, Eastern Shore (``Licensee''), for renewal of its license for noncommercial educational (``NCE'') FM Station WESM(FM), Princess Anne, Maryland (``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 73.3527 of the Rules by failing to retain all required documentation in the WESM(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) and that the captioned license renewal application should be granted for a period of four (4)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-758A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-758A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-758A1.txt
  • Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Trustees of Columbia University in New York (``Columbia'') for renewal of its license for WKCR-FM, New York, New York (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Columbia apparently willfully and repeatedly violated Section 73.3527 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 Columbia is apparently liable for a monetary forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND Section 73.3527 of the Rules requires a noncommercial broadcast licensee to maintain a public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-904A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-904A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-904A1.txt
  • 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 require that employment units retain such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-229332A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-229332A1.txt
  • DearMr.Southmayd: FEDERALCOMMUNICATIONSCOMMISSION WASHINGTON,D.C.20554 DEC102002 1MoodyBiblesupplementedthewaiverrequestonOctober29,2002. INREPLYREFERTO: 1800113-RAB InRe:WVML(FM),Millersburg.OH TheMoodyBibleInstituteofChicago FacilityIDNo.85908 BMPED-200200314ABK RequestforWaiverof47C.F.R.�73.1125 (MainStudioRule) ThestaffhasunderconsiderationthecaptionedapplicationofTheMoodyBible InstituteofChicago("MoodyBible")forminormodificationoftheconstructionpermit forstationWVML(FM),Millersburg,Ohioanditsrequestforawaiverofthe Commission'sMainStudioRule,Section73.1125,1inordertooperatestation WVML(FM)asa"satellite"ofcommonlyownednoncommercialeducational("NCE") stationWCRF-FM,Cleveland,Ohio.2Forthereasonssetforthbelow,wewillwaive Section73.1125andgrantMoodyBible'sapplication. MainStudioWaiver.PursuanttoSection73.1125(a),abroadcaststation'smain studiomustbelocatedeither(1)withinastation'scommunityoflicense,(2)withinthe principalcommunitycontourofanyotherbroadcaststationlicensedtoitscommunity,or 2A"satellite"stationmeetsalloftheCommission'stechnicalrules.However,itoriginatesno programmingandinsteadrebroadcaststheparentstation'sprogramming.SeeAmendmentofMultiple OwnershipRules,MemorandumOpinionandOrder,3RR2d1554,1562(1964). (3)within25milesofthecenterofitscommunityoflicensee3However,underSection 73.1125(b)(2),theCommissionwillwaivetheserequirementswhere"goodcause"exists todosoandwheretheproposedstudiolocation"wouldbeconsistentwiththeoperation ofthestationinthepublicinterest."EachwaiverrequestbyanNCEstationseekingto operateasthesatelliteofanotherNCEstationisconsideredonacase-by-casebasis.The CommissionhasrecognizedthebenefitsofcentralizedoperationsforNCEstations,given theirlimitedfunding,andthusfound"goodcause"existstowaivethemainstudio locationrequirementwheresatelliteoperationsareproposed.Asatellitestationmust, however,demonstratethatitwillmeetitslocalserviceobligationtosatisfytheSection 73.1125"publicinterest"standards MoodyBible'srequestisbasedontheeconomiesofscale,whichwouldbe realizedbygrantofitswaiver.Weagreeandconcludethatthereis"goodcause"to waive47C.F.R.Section73.1125(a)(4)underthesecircumstances. MoodyBibleproposestooperateWVML(FM),Millersburg,Ohioasasatellite stationofWCRF-FM,Cleveland,Ohio,approximately80.27milesfromMillersburg. Wherethereisagreatdistancebetweentheparentandsatellitestation,ashere,weare particularlyconcernedthatthelicenseetakeadequatemeasurestomaintainitsawareness ofthesatellitecommunity'sneedsandinterests.Tothatend,MoodyBiblehaspledged to:(1)establishacitizen'sadvisoryboardmadeupofresidentsofthecommunityof Millersburg,whowillmeetperiodicallyviaconferencecallswithamanagement employeeofWCRF-FMtodiscusslocalissuesofpublicconcernfacingthecommunity; (2)engageinquarterlyascertainmentofproblems,needsandinterestsofthelocal communitythroughthecitizensadvisoryboard;(3)periodicallybroadcastpublicaffairs programmingresponsivetothelocalissuesofpublicconcerntoMillersburgresidents; (4)maintainapublicinspectionfileforWVML(FM)attheWCRF-FMstudios;and(5) maintainatoll-freetelephonenumber,asrequiredbySection73.1125(d)oftherules. Inthesecircumstances,wearepersuadedthatMoodyBiblewillmeetitslocal serviceobligationandthus,thatgrantoftherequestedwaiverisconsistentwiththe publicinterest.WeremindMoodyBible,however,oftherequirementthatitmaintaina publicfilefortheMillersburg,Ohiostationatthemainstudioofthe"parent"station, WCRF-FM,Cleveland,Ohio.Itmustalsomakereasonableaccommodationforlisteners wishingtoexaminethefile'scontents.6WefurtherremindMoodyBiblethat, notwithstandingthegrantofthewaiverrequestedhere,thepublicfileforWVML(FM) mustcontainthequarterlyissuesandprogramslistforMillersburg,Ohiorequiredby47 C.F.R.Section73.3527(e)(8). 3SeeReviewoftheCommission'sRulesRegardingtheMainStudioandLocalPublicInspectionFilesof BroadcastTelevisionandRadioStations,13FCCRcd15691(1998),recon.grantedinpart,14FCCRcd 11113(1999)("ReconsiderationOrder"). Id 5Id sSeeReconsiderationOrder,14FCCRcdat11129,Paragraph45. 2 ModificationofConstructionPermit.Wehaveexaminedtheapplication (BMPED-20020314ABK)tomodifytheconstructionpermitforWVML(FM).Wefind thattheapplicationcomplieswithallpertinentstatutoryandregulatoryrequirementsand thusthatthepublicinterest,convenienceandnecessitywouldbefurtheredbyitsgrant. Accordingly,TheMoodyBibleInstituteofChicago'srequestforwaiverof47 C.F.R.Section73.1125anditsapplicationBMPED-20020314ABK,AREHEREBY GRANTED.Theauthorizationisenclosed. Enclosure eterH.Doyle,Chief AudioDivision MediaBureau
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237789A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237789A1.pdf
  • OF APPARENT LIABILITY FOR FORFEITURE Released: April 18, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Lebanon Educational Broadcasting Foundation (``Lebanon''), licensee of radio station KTTK, Lebanon, Missouri, apparently liable for a forfeiture in the amount of four thousand dollars ($4,000) for willful violation of Section 73.3527(c)(1) of the Commission's Rules (``Rules''). Specifically, we find Lebanon apparently liable for failure to make available all required items in the station's public inspection file. II. BACKGROUND 2. On January 30, 2003, an agent from the FCC's Kansas City Field Office inspected FM station KTTK located in Lebanon, Missouri. The station's public file did not contain a contour map, a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237791A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237791A1.pdf
  • Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Cornell College, (``Cornell''), licensee of FM radio station KRNL-FM, Mt. Vernon, Iowa, apparently liable for forfeiture in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 73.1350(b)(2) of the Commission's Rules (``Rules'') and willful violation of Section 73.3527(c) of the Rules. Specifically, we find Cornell College apparently liable for failing to maintain transmitter control and failing to make available the station's public inspection file. BACKGROUND On March 18, 2003, an agent from the FCC Enforcement Bureau's Kansas City Office conducted an inspection of KRNL-FM. At the time of inspection, the agent found no one at the studio. The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238221A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238221A1.pdf
  • ) ) File Number EB-02-KC-400 NAL/Acct. No.200232560014 FRN 0003-2285-90 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 11, 2002 By the Enforcement Bureau, Kansas City Office: INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that New Life Evangelistic Center, Inc., licensee of FM broadcast station KBIY in Van Buren, Missouri, willfully and repeatedly violated Sections 73.1125 and 73.3527 of the Commission's Rules (``Rules'') by operating KBIY without a main studio, by failing to make the public file available to the public during regular business hours and failing to retain all required materials in the public file. We conclude that New Life Evangelistic Center, Inc. is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238254A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238254A1.pdf
  • OF APPARENT LIABILITY FOR FORFEITURE Released: September 20, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find American Family Association (``American''), licensee of radio station KAUF, Kennett, Missouri, apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000) for willful violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7) and 73.3527(e)(8) of the Commission's Rules (``Rules''). Specifically, we find American apparently liable for failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain all required items in the station's public inspection file. II. BACKGROUND 2. On July 17, 2002, an agent from the Commission's Kansas City Field Office inspected FM station KAUF located in Kennett,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238276A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238276A1.pdf
  • KWBN ) Ho'ona'auao Community TV, Inc ) ) ) Honolulu, Hawaii ) File Number EB-01-HL-034 NAL/Acct. No. 200132860002 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 16, 2001 By the Enforcement Bureau, Honolulu Resident Agent Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ho'ona'auao Community TV, Inc (HCTV) has apparently willfully violated Section 73.3527(c)(1) of the FCC Rules and Regulations (``Rules''), 47 C.F.R. Section 73.3527(c)(1) by repeatedly failing to make the KWBN public inspection file available for inspection during regular business hours. We conclude that HCTV is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND On November 16, 2000, Agents of the FCC's Honolulu Resident Agent Office
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-241846A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-241846A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-241846A2.txt
  • Commission received complaints that Isothermal broadcast an on-air raffle on WNCW(FM) during the period April 2 through 8, 2002, that failed to make clear that consideration was not required to participate in the contest and otherwise refrained from airing the contest's rules, in violation of the licensee-conducted contest rule. One complainant further alleged that Isothermal has violated 47 C.F.R. � 73.3527(e)(9) regarding the maintenance of WNCW(FM)'s public file's donor lists. Specifically, he claimed that, during his April 18, 2002, visit to the station, the public file's donor list was incomplete because it included information current only through January 10, 2002. One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242819A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242819A1.pdf
  • APPARENT LIABILITY FOR FORFEITURE Released: December 19, 2003 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Paulino Bernal Evangelism, Inc. (``PAULINO''), licensee of radio station KBRN, Boerne, Texas, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 73.1125, 11.35(a), and 73.3527(c)(1) of the Commission's Rules (``Rules''). Specifically, we find PAULINO apparently liable for failure to maintain a main studio in the community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the times the station was in operation, and failure to make available a public inspection file. II. BACKGROUND On October 28, 2003 an agent from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242819A1_Erratum.doc
  • APPARENT LIABILITY FOR FORFEITURE Released: December 19, 2003 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Paulino Bernal Evangelism, Inc. (``PAULINO''), licensee of radio station KBRN, Boerne, Texas, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 73.1125, 11.35(a), and 73.3527(c)(1) of the Commission's Rules (``Rules''). Specifically, we find PAULINO apparently liable for failure to maintain a main studio in the community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the times the station was in operation, and failure to make available a public inspection file. II. BACKGROUND On October 28, 2003 an agent from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243469A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243469A1.pdf
  • 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. � 73.3527(c): ``Local public inspection file of noncommercial educational 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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244165A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244165A1.pdf
  • City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find The Moody Bible Institute of Chicago (``Moody''), licensee of radio station KMDY, Keokuk, Iowa, apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000.00) for willful and repeated violation of Section 73.1125(a) of the Commission's Rules (``Rules'') and willful violation of Section 73.3527(c) of the Rules. Specifically, we find The Moody Bible Institute of Chicago apparently liable for failing to maintain full time management presence at its main studio and failing to make available a complete public inspection file. II. BACKGROUND On June 23, 2003, an agent from the FCC, Enforcement Bureau, Kansas City Office (``Kansas City Office''), inspected the main studio of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249193A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249193A1.pdf
  • 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...'' On February 18, 2004, a review of the EAS logs indicated there were repetitive violations which continued through the time of the inspection with no apparent corrective action. 47 C.F.R. � 73.3527(c)(1): The station's public inspection file shall be available for public inspection at any time during regular business hours. On February 18, 2004, the following required items of the public file were not available for inspection: Current copy of Public and Broadcasting, List of Donors supporting specific programs and Issues / Programs lists. Pursuant to Section 308(b) of the Communications Act
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253040A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253040A1.pdf
  • a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Mr. Juan Galiano-Rivera, licensee of AM broadcast station WYKO in Sabana Grande, Puerto Rico. On September 8, 2004, an agent of the Commission's San Juan Office inspected radio station WYKO, licensed to serve Sabana Grande, Puerto Rico, and observed the following violation: 47 C.F.R. � 73.3527(c)(1): The station's public inspection file shall be available for public inspection at any time during regular business hours. During the September 8, 2004 inspection, the licensee was unable to make available or locate all of the required documents in the station's public file. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253694A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253694A1.pdf
  • Director, Boston Office, Northeast Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to The Trustees of Norwich University, licensee of radio station WNUB-FM. On Sept. 9, 2004, agents of the Commission's Boston Office inspected radio station WNUB-FM located in Northfield, VT, and observed the following violation: 47 C.F.R. � 73.3527(e)(8): ``The public file of a non-commercial educational broadcast station shall include entries every three months of programs that have provided the station's most significant treatment of community issues during the preceding three month period.'' During the Sept 9, 2004 inspection, it was determined that the station's public file did not contain these required entries. Pursuant to Section 308(b) of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257187A1.pdf
  • to Public File; Failure to Allow copies of Public File Materials filed 10/4/04 by Martin Hensley Denial of Access to Public File of WBDG; Request for Declaratory Ruling filed 10/26/04 by Martin Hensley. All objections denied, share-time application BNPED-20040823AAC of Hoosier Public Radio Corporation filed pursuant to 47 C.F.R. Section 73.561 dismissed, NAL for $9,000 issued for violation of Section 73.3527, and WBDG(FM) license renewal application granted per letter ref. 1800B3-CLR on March 2, 2005. METROPOLITAN SCHOOL DISTRICT OF WAYNE TOWNSHIP WBDG 41317 BRED-20040324ABY IN Page 14 of 29 Broadcast Actions 3/7/2005 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.45935 APPLICANT AND
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257965A1.pdf
  • to Public File; Failure to Allow copies of Public File Materials filed 10/4/04 by Martin Hensley Denial of Access to Public File of WBDG; Request for Declaratory Ruling filed 10/26/04 by Martin Hensley. All objections denied, share-time application BNPED-20040823AAC of Hoosier Public Radio Corporation filed pursuant to 47 C.F.R. Section 73.561 dismissed, NAL for $9,000 issued for violation of Section 73.3527, and WBDG(FM) license renewal application granted per letter ref. 1800B3-CLR on March 2, 2005 PETITION FOR RECONSIDERATION FILED 3/29/05 BY (HPR) Page 62 of 75 Broadcast Applications 4/6/2005 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.25957 CALL LETTERSAPPLICANT AND LOCATION N
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258035A1.pdf
  • to Public File; Failure to Allow copies of Public File Materials filed 10/4/04 by Martin Hensley Denial of Access to Public File of WBDG; Request for Declaratory Ruling filed 10/26/04 by Martin Hensley. All objections denied, share-time application BNPED-20040823AAC of Hoosier Public Radio Corporation filed pursuant to 47 C.F.R. Section 73.561 dismissed, NAL for $9,000 issued for violation of Section 73.3527, and WBDG(FM) license renewal application granted per letter ref. 1800B3-CLR on March 2, 2005 PETITION FOR RECONSIDERATION FILED 3/29/05 BY (HPR) Petition for Reconsideration of NAL filed 4/1/05 by ("WBDG") Page 15 of 21 Broadcast Applications 4/11/2005 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259581A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259581A1.pdf
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Jarad Broadcasting Company of Westhampton (``Jarad''), licensee of radio station WBON, Ronkonkoma, NY. On May 5, 2005, an agent of the Commission's New York Office inspected radio station WBON, located at 3075 Veterans Memorial Highway, Ronkonkoma, New York and observed the following violations: 47 C.F.R. � 73.3527(e)(3): ``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://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262634A1.pdf
  • (HPR) Opposition to Request to Terminate License Authorization filed 10/1/04 by (the "College") WFCI supplement re: Reply Comments to Opposition filed 10/14/04 by Hensley Amendment filed 02/09/2005 Opposition to Request for Declaratory Ruling filed 2/23/05 by ("College") Petition to Deny filed 2/23/05 by (HPR) OPPOSITION TO PETITION TO DENY FILED 3/2/05 Petitions and objections denied, NAL for violation of Section 73.3527 issued, and license renewal application granted per letter ref. 1800B3-CLR on 12-1-05. FRANKLIN COLLEGE OF INDIANA WFCI 22336 BRED-20040415AEU IN Page 2 of 11 Broadcast Actions 12/12/2005 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.46129 APPLICANT AND LOCATION CALL LETTERS N
• 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 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov hM hM hM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267302A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267302A1.pdf
  • Baptist Church ("Long Pond''), licensee of radio station WTBH (FM) and owner of antenna structure 1204141, both located in Chiefland, Florida, apparently willfully and repeatedly violated Section 17.50 of the Commission's Rules ("Rules") by failing to clean and repaint its antenna structure as often as necessary to maintain good visibility. In addition, we find that Long Pond willfully violated Section 73.3527 of the Rules by failing to maintain for public inspection the complete required contents of the station's public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Long Pond is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). BACKGROUND On September 13, 2005, agents of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269023A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269023A1.pdf
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Black Hills State University, licensee of radio station KBHU-FM in Spearfish, South Dakota. On May 18, 2006, an agent of the Enforcement Bureau's Denver Office inspected station KBHU-FM located in Spearfish, South Dakota, and observed the following violations concerning KHBU-FM's public inspection file: 47 C.F.R. � 73.3527(e)(3): "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)." At the time of inspection, KBHU-FM's public file contained no contour maps. 47 C.F.R. � 73.3527(e)(4): "A
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279189A1.pdf
  • of FM radio station WYGG in Asbury Park, New Jersey, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules), by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that MBHD is apparently liable for forfeiture in the amount of twenty-five thousand dollars ($25,000). We also admonish MBHD for failing to post its station license, failing to maintain a station log, and failing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279921A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279921A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279921A1.txt
  • The second sentence of Section 73.3526(e)(11)(i), found in Appendix A, page 25 of the document, is revised to read as follows: ``The form for each calendar quarter is to be filed by the thirtieth day of the succeeding calendar quarter (e.g., January 30 for the quarter October-December, April 30 for the quarter January-March, etc.).'' 4. The second sentence of Section 73.3527(e)(8), found in Appendix A, page 26 of the document, is revised to read as follows: ``The form for each calendar quarter is to be filed by the thirtieth day of the succeeding calendar quarter (e.g., January 30 for the quarter October-December, April 30 for the quarter January-March, etc.).'' FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau Federal Communications Commission
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280703A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280703A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280703A1.txt
  • 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 Quarterly Activity
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281352A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281352A1.pdf
  • Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Brookdale Community College, licensee of radio station WBJB-FM in Lyncroft, New Jersey. On March 19, 2008, agents of the Enforcement Bureau's New York Office inspected station WBJB-FM located in Lyncroft, New Jersey, and observed the following violations: 47 C.F.R. � 73.3527(e)(1): The material to be retained in the public inspection file includes "[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." At the time of inspection, WBJB-FM's public inspection file did not contain the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281955A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281955A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281955A1.txt
  • Form 398) ) ) ) ) ) ) ) ) ) MM Docket No. 00-168 MM Docket No. 00-44 UM Released: May 5, 2008 By the Chief, Media Bureau: 1. On January 24, 2008, the Commission released the Report and Order, FCC 07-205, in the above-captioned proceeding. Upon further review, it was determined that a change to 47 C.F.R. � 73.3527(e)(8) inadvertently eliminated a pre-existing requirement for noncommercial educational radio broadcast stations to place quarterly issues/programs lists in their public inspection files. In order to rectify this error, this Erratum corrects section 73.3527(e)(8) in Appendix A on page 26 of the document to read as follows: (8)(i) Issues/programs lists. For nonexempt noncommercial educational radio broadcast stations, every three months a list
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282593A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282593A1.pdf
  • Number EB-08-KC-004 NAL/Acct. No. 200832560001 FRN 0007978752 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 19, 2008 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 Friendship Communications, Inc. (``Friendship''), licensee of non-commercial station KWOF-FM, in Hiawatha, Iowa, apparently willfully and repeatedly violated Section 73.3527 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 Friendship is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On March 12, 2008, in response to a complaint, an agent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282962A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282962A1.pdf
  • the FCC during the station's business hours, or at any time it is in operation.'' The agents attempted to inspect the KSUA main studio, situated on the second floor of the Butrovich Building, located on the University of Alaska's Fairbanks campus. The agents were unable to inspect the station because there was no staff at the studio. 47 C.F.R. � 73.3527(c)(1): ``The [public inspection] file shall be available for public inspection at any time during regular business hours.'' At the time of the attempted inspection, the public inspection file was not accessible to the public because there was no staff at the KSUA main studio. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended, and Section 1.89
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286792A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286792A1.pdf
  • as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the reception of the weekly tests from primary entry point WABC, 770 KHz, for the period from October 1, 2008 through October 18, 2008. The broadcast station records contained no reasons why weekly tests were not received. 47 C.F.R. � 73.3527(e)(2): 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. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Newark Public Radio Inc., must
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293167A1.pdf
  • if such commission or omission is continuous, for more than one day.'' 47 C.F.R. � 73.3526(a)(2). See 47 C.F.R. �� 73.3526(b) and (c)(1). 47 C.F.R. � 73.3526(e)(12). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. �1.80. 47 U.S.C. � 503(b)(2)(E). 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 0.314, 1.80, 47 C.F.R. � 73.3527. See 47 C.F.R. � 1.1914. Federal Communications Commission Federal Communications Commission $ $ � I L L ] _
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293694A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293694A1.pdf
  • of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Foundation For Creative Broadcasting, Inc. (``FFCB''), licensee of Non- Commercial FM Broadcast radio station KXCI, Tucson, Arizona. On September 3, 2009, agents of the Enforcement Bureau's San Diego Office inspected KXCI, located at 220 S. 4th Ave, Tucson, Arizona, and observed the following violation: 47 C.F.R. � 73.3527(e)(8)(i): ``For nonexempt noncommercial educational radio 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-295387A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295387A1.pdf
  • Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Westchester Community College (``College''), licensee of radio station WARY in Valhalla, New York. On September 28, 2009, an agent of the Enforcement Bureau's New York Office inspected station WARY located in Valhalla, New York, and observed the following violations: 47 C.F.R. � 73.3527 (e)(1): ``A copy of the current FCC authorization to construct or operate the station, as well as any other document necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be 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-295639A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295639A1.pdf
  • Palomar Community College District, licensee of Non-Commercial AM Broadcast radio station KKSM, Oceanside, CA. This Notice may be combined with a further action, if further action is warranted. On October 28, 2009, an agents of the Enforcement Bureau's San Diego Office inspected KKSM, located at 1140 W. Mission Road, San Marcos, CA, and observed the following violations: 47 C.F.R. � 73.3527(e)(8)(i): ``For nonexempt noncommercial educational radio 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-295640A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295640A1.pdf
  • 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, the agents found that there was no record that EAS equipment was receiving the second designated local primary (LP-2) radio station KLSD, 1360 kHz, San Diego, CA. 47 C.F.R. � 73.3527(e)(8)(i): ``For nonexempt noncommercial educational radio 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-295906A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295906A1.pdf
  • 2009 to September 28, 2009, with the exception of one entry for a test received on September 21, 2009. Moreover, the station records contained no entries for monthly tests received or retransmitted for the period between July 1, 2009 and September 28, 2009. The broadcast station records contained no reasons why tests were not sent or received. 47 C.F.R. � 73.3527(e)(7): ``At all times, a copy of the most recent version of the manual entitled The Public and Broadcasting.'' At the time of inspection, WOSS's public file contained no copy of The Public and Broadcasting. 47 C.F.R. � 73.3527(e)(8): "For non-exempt noncommercial educational broadcast stations, every three months a list of programs that have provided the station's most significant treatment of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-297148A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-297148A1.pdf
  • does not have the capability to terminate operations of the WTKC transmitter within 3 minutes. The personnel designated by the licensee to control the transmitter must have the capability to turn the transmitter off at all times, or include an alternate method of taking control of the transmitter which can terminate the station's operation within 3 minutes. 47 C.F.R. � 73.3527(e)(8)(i): ``For nonexempt noncommercial educational radio 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-297583A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-297583A1.pdf
  • Western Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to California Polytechnic State University, licensee of radio station KCPR. On February 25, 2010, an agent of the Enforcement Bureau's Los Angeles Office inspected radio station KCPR located at San Luis Obispo, and observed the following violations: 47 C.F.R. � 73.3527(e)(3): A station must retain in its public inspection file: ``a copy of any service contour maps...'' At the time of the inspection, the contour map was no longer accurate based on a recent move of the transmitter. 47 C.F.R. � 73.3527(e)(4): A station must retain in its public inspection file: ``A copy of the most recent, complete ownership report filed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-300057A1.pdf
  • 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 assignment, transfer
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302526A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302526A1.pdf
  • of the Commission's Rules to Nyack College (``Nyack''), licensee of radio station WNYK in Nanuet, New York. This Notice may be combined with a further action, if further action is warranted. On April 16 2010, an agent of the Enforcement Bureau's New York Office inspected station WNYK located in Nyack, New York, and observed the following violation: 47 C.F.R. � 73.3527(e)(8)(i): ``Issue/programs lists. For non-exempt noncommercial educational 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 months period. The list for each calendar quarter....'' During the inspection, the agent found that the public inspection file was missing the issues/program lists for 3rd and 4th Quarter 2009
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303811A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303811A1.pdf
  • 11.54(b)(13).'' A review of the station's EAS logs revealed that monthly tests were not received and retransmitted during July, October, and November. No weekly tests were received or transmitted during October. There were no entries in the station log indicating the reason why the required monthly tests and required weekly tests were not received or transmitted. c. 47 C.F.R. � 73.3527(d)(8)(i): ``Issues/programs lists. For non-exempt noncommercial educational radio 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-304480A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-304480A1.pdf
  • Violation (``Notice'') issued pursuant to section 1.89 of the Commission's Rules to Puerto Rico Broadcasting Corp., licensee of educational digital television station WIPR-TV, San Juan, PR. On April 13, 2010, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected television station WIPR located in San Juan, Puerto Rico, and observed the following violation(s): 47 C.F.R. � 73.3527(a)(2): ``Responsibility to maintain a file. The following shall maintain for public inspection a file containing the material set forth in this section. ... (2) Every permittee or licensee of an AM, FM, or TV station in the noncommercial educational broadcast services shall maintain a public inspection file...'' At the time of inspection, there was no public inspection file for WIPR-TV.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
  • 5100-01 (2001) (a rming use of time sharing as tie-breaker of last resort in selecting among competing applicants for new NCE stations). 97 See FCC, Instructions for FCC 303-S Application for Renewal of Broad- cast Station License (FCC Form 303-S Attached) (updated Sept. 2009) (Instructions for FCC Form 303-S) at 25, 34, available at www.fcc.gov/ Forms/Form303-S/303s.pdf. 98 47 C.F.R. � 73.3527(e)(8)(i). 99 See Application for Renewal of Broadcast Station License at 25, 34. 100 Commission regulations do provide the following 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-313928A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-313928A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-313928A1.txt
  • public file the station's main studio address and telephone number, and the email address of the station's designated contact for questions about the public file.'' 4. The first sentence of paragraph (3) is corrected by replacing ``subsection (e)(6) below'' with ``paragraph (e)(6)'' 5. Paragraph (3) is further corrected by replacing ``subsection (b)(1)'' with ``paragraph (b)(1)'' This Erratum also amends Section 73.3527(b) in Appendix A on page 57 as indicated below: 6. The first sentence of paragraph (2) is corrected by replacing ``the contents of its public inspection file'' with ``the contents required by paragraph (e) of its public inspection file'', ``subsection (e)(5) below'' with ``paragraph (e)(5)'', and ``subsection (b)(1)'' with ``paragraph (b)(1)'' 7. The second and third sentence of paragraph (2)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A1.txt
  • 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 Competition Act
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.txt
  • 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 C.F.R. �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-24A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-24A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-24A1.txt
  • 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; and 3)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-303A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-303A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-303A1.txt
  • 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 the date it
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-114A1.txt
  • the renewal application. If, however, the licensee fails to meet that standard, the Commission may deny the application - after notice and opportunity for a hearing under Section 309(e) of the Act - or grant the application ``on terms and conditions that are appropriate, including a renewal for a term less than the maximum otherwise permitted.'' 8. Public File. Section 73.3527 of the Commission's rules requires all licensees of noncommercial educational broadcast stations to maintain a public inspection file containing designated information. Among the materials required to be in the public inspection file are copies of every ownership report and related materials filed by the station, and issues/programs lists for each quarter describing the programs that represent ``the station's most significant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-129A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-129A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-129A1.txt
  • 716, 721 � 12 (1981). See Radio Deregulation Order, 84 F.C.C.2d at 997-98 �� 66-69; Commercial TV Deregulation Order, 98 F.C.C.2d at 1099 � 49. See Radio Deregulation Order, 84 F.C.C.2d at 1009-1010 �� 103-105; Commercial TV Deregulation Order, 98 F.C.C.2d at 1107-108 � 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 issues/programs lists). See 14 FCC Rcd at 21640-41 � 15. See 15 FCC Rcd at 19819-22 �� 7-14. See id. at 19822-27 �� 15-20. See id. at 19827-31 �� 26-36. Report & Statement of Policy Res: Commission En Banc Programming Inquiry, 44 F.C.C. 2303, 2314 (1960) (``1960 En Banc Programming Inquiry''). In the 1960 En Banc Programming Inquiry, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-60A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-60A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-60A1.txt
  • the Bureau denied Apex's informal objection and cautioned High and Cumulus for improperly commencing commercial operations on KOLI(FM). The Bureau took no further action on the issue of High's premature commercial operation, stating that the violation was less egregious than that admonished in a prior staff action. The Bureau also admonished High for violating the Commission's public file rule, Section 73.3527. At the same time, however, the 1998 Letter Decision withheld action on the license and assignment applications pending submission of information relating to the roles of High and Cumulus in constructing and operating KOLI(FM). The letter requested, among other things, that High and Cumulus provide (1) a copy of all attachments to the December 1, 1997, TBA between High and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-90A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-90A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-90A1.txt
  • of parent station WCVE-FM. CPBC must also make reasonable accommodation for listeners wishing to examine the file's contents. See Main Studio Reconsideration Order, 14 FCC Rcd at 11129. We further remind CPBC that, notwithstanding grant of the waiver requested here, the public file for the Heathsville station must contain the quarterly issues and programs list required by 47 C.F.R. � 73.3527(e)(8). File No. BPED-19980320MJ. File No. BPED-19980318MH. File No. BPED-19971202IB. File No. BPED-19980311MD. File No. BPED-19980319MF. File No. BPED-19980320MN. File No. BPED-19971015MB. File No. BPED-19970903MB. File No. BPED-19980319MD. File No. BPED-19980320MI. Federal Communications Commission FCC 04-90 Federal Communications Commission FCC 04-90 : U X [ � � � � � � h k � � � � � � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-99A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-99A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-99A4.txt
  • 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 for the effective operation of the democratic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-84A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-84A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-84A1.txt
  • 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 Hon.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06D-01A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06D-01A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06D-01A1.txt
  • be a Commission licensee. (2) To determine whether San Francisco Unified School District made misrepresentations of fact or was lacking in candor and/or violated Section 73.1015 of the Commission's Rules with regard to its certification in the subject license renewal application that it had placed in the KALW(FM) public inspection file at the appropriate times the documentation required by Section 73.3527, and the effect thereof on its qualifications to be a Commission licensee. (3) To determine, in light of the evidence adduced pursuant to the specified issues, if the captioned application for renewal of license for station KALW(FM) should be granted. HDO at Para. 24. Whether or not the hearing record warrants denial of SFUSD's renewal, the Presiding Judge shall determine
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-205A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-205A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-205A1.txt
  • 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 the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-218A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-218A1.txt
  • 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, 19819-22 �� 7-14 (2000) (``Enhanced Disclosure NPRM''). See Standardized and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.txt
  • 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 interest. While
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-153A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-153A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-153A1.txt
  • be filed no later than April 10, 2008. The Reports must continue to be included up to and including the quarter in which a station concludes its education campaign. These Reports shall be retained in the public inspection file for one year. Licensees and permittees shall publicize in an appropriate manner the existence and location of these Reports. 3. Section 73.3527 is revised to read as follows: � 73.3527 Local Public Inspection File of Noncommercial Educational Stations * * * * * (e) Contents of the file. * * * * * (13) DTV Transition Education Reports. For full-power noncommercial educational TV broadcast stations, both analog and digital, on a quarterly basis, a completed Form 388, DTV Consumer Education Quarterly Activity
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-153A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-153A2.txt
  • 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 that each
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-252A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-252A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-252A1.txt
  • the forfeiture amount from $25,000 to $20,000 and deny the application for review in all other respects. In the Memorandum Opinion and Order, the Bureau denied Evangelism's petition for reconsideration of a Bureau Forfeiture Order issued to Evangelism on October 19, 2004, in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted rule violations involve Evangelism's failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the hours of station operation, and failure to make the station's public inspection file available. II. BACKGROUND On October 28, 2003, an agent from the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.txt
  • 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 must begin
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-11A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-11A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-11A1.txt
  • 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 must begin
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-19A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-19A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-19A1.txt
  • 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 must begin
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-92A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-92A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-92A1.txt
  • 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 do not intend in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-162A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-162A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-162A1.txt
  • 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 the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-169A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-169A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-169A1.txt
  • 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 22
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-84A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-84A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-84A1.txt
  • . 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). See, e.g., 47 C.F.R. � 76.1700 et seq. and 25.701. We note that, if we require stations/MVPDs to retain in their public file copies of loud commercial complaints which they receive directly from consumers, our trends analysis may include consideration of consumer complaints filed directly with the station/MVPD. 47 U.S.C. � 503. See, e.g., Senate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-43A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-43A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-43A1.txt
  • for each fundraiser, the date and time of the fundraiser, the name of the non-profit entity benefitted by the fundraiser and whether this entity is a local organization, the specific cause, if any, supported by the fundraiser, the type of fundraising activity, the duration of the fundraiser, and the total funds raised. * * * * * 4. Amend � 73.3527 by adding new paragraph (e)(14) to read as follows: � 73.3527 Local public inspection file of noncommercial educational stations. * * * * * (e) * * * APPENDIX B Initial Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act, as amended (``RFA''), the Commission has prepared this Initial Regulatory Flexibility Analysis (``IRFA'') of the possible significant economic impact
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.txt
  • 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 the Small
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A3.txt
  • 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 0.406),
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.txt
  • 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 Competition Act
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.txt http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99257.wp
  • 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 who seek
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.doc http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.txt
  • 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 47 U.S.C. �� 303a,
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • 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 rules. Under
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.pdf
  • 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 regarding the
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.txt
  • with that section in its licensing proceedings. See KQED, Inc., 88 FCC 2d 1159, 1164-65 (1982), aff'd, California Public Broadcasting Forum v. FCC, 752 F.2d 670 (D.C. Cir. 1985). Moreover, as WQED points out, the CPB is aware of Alliance's allegations regarding WQED's compliance with Section 396, and continues to support WQED's proposed divestiture of WQEX(TV). Public File Access. Section 73.3527 requires licensees to maintain a public inspection file containing specified station records, and to make the file available to the public during regular business hours. See 47 C.F.R. � 73.3527(d), (f). According to Alliance, an individual visited WQED's offices twice on October 8, 1996, and was told to call to make an appointment to inspect the public file, a practice
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf
  • 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 were
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.txt
  • 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 used for
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • applications and the sole remaining application after a settlement among mutually exclusive applications. If any such application is determined unacceptable the application will be returned and the applicant will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor. 10. Section 73.3527 is amended by revising the first sentence of paragraph (e)(2) to read as follows: � 73.3527 Local public inspection file of noncommercial educational stations. ***** (e)* * * (2) Applications and related materials. A copy of any application tendered for filing with the FCC, together with all related material, including supporting documentation of any points claimed in the application pursuant
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.txt
  • 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 the Commission
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.txt
  • 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 an officer;
• http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/da991099.html http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/da991099.txt http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/da991099.wp
  • 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 at (202)418-2120. References
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • 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 Section 309(j)
• http://transition.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.doc http://transition.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.pdf
  • 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; 47
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-242819A1.html
  • LIABILITY FOR FORFEITURE Released: December 19, 2003 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Paulino Bernal Evangelism, Inc. (``PAULINO''), licensee of radio station KBRN, Boerne, Texas, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 73.1125, 11.35(a), and 73.3527(c)(1) of the Commission's Rules (``Rules''). Specifically, we find PAULINO apparently liable for failure to maintain a main studio in the community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the times the station was in operation, and failure to make available a public inspection file. II. BACKGROUND 2. On October 28, 2003 an agent
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-243469A1.html
  • 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.e. 47 C.F.R. 73.3527(c): ``Local public inspection file of noncommercial educational 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
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-249193A1.html
  • 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...'' On February 18, 2004, a review of the EAS logs indicated there were repetitive violations which continued through the time of the inspection with no apparent corrective action. 2)d. 47 C.F.R. 73.3527(c)(1): The station's public inspection file shall be available for public inspection at any time during regular business hours. On February 18, 2004, the following required items of the public file were not available for inspection: Current copy of Public and Broadcasting, List of Donors supporting specific programs and Issues / Programs lists. 3. Pursuant to Section 308(b) of the Communications
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-252289A1.html
  • FCC and contains instructions 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 immediately available to staff responsible for authenticating messages and initiating actions.'' During the inspection on August 18, 2004, no EAS Handbook was available. 2.c. 47 C.F.R. 73.3527(a)(2) ``Every permittee or licensee of an AM, FM or TV station in the non- commercial educational broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraphs (e)(1) through e(11) of this section.'' During the inspection on August 18, 2004, the public inspection file was not organized in accordance with the categories set
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-267302A1.html
  • Baptist Church ("Long Pond"), licensee of radio station WTBH (FM) and owner of antenna structure 1204141, both located in Chiefland, Florida, apparently willfully and repeatedly violated Section 17.50 of the Commission's Rules ("Rules") by failing to clean and repaint its antenna structure as often as necessary to maintain good visibility. In addition, we find that Long Pond willfully violated Section 73.3527 of the Rules by failing to maintain for public inspection the complete required contents of the station's public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Long Pond is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. On September 13, 2005, agents
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-281352A1.html
  • 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Brookdale Community College, licensee of radio station WBJB-FM in Lyncroft, New Jersey. 2. On March 19, 2008, agents of the Enforcement Bureau's New York Office inspected station WBJB-FM located in Lyncroft, New Jersey, and observed the following violations: a. 47 C.F.R. S: 73.3527(e)(1): The material to be retained in the public inspection file includes "[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." At the time of inspection, WBJB-FM's public inspection file did not contain the
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286792A1.html
  • specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the reception of the weekly tests from primary entry point WABC, 770 KHz, for the period from October 1, 2008 through October 18, 2008. The broadcast station records contained no reasons why weekly tests were not received. b. 47 C.F.R. S: 73.3527(e)(2): 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. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Newark Public Radio Inc.,
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-295639A1.html
  • College District, licensee of Non-Commercial AM Broadcast radio station KKSM, Oceanside, CA. This Notice may be combined with a further action, if further action is warranted. 2. On October 28, 2009, an agents of the Enforcement Bureau's San Diego Office inspected KKSM, located at 1140 W. Mission Road, San Marcos, CA, and observed the following violations: a. 47 C.F.R. S: 73.3527(e)(8)(i): "For nonexempt noncommercial educational radio 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-295640A1.html
  • 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, the agents found that there was no record that EAS equipment was receiving the second designated local primary (LP-2) radio station KLSD, 1360 kHz, San Diego, CA. c. 47 C.F.R. S: 73.3527(e)(8)(i): "For nonexempt noncommercial educational radio 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-295906A1.html
  • to September 28, 2009, with the exception of one entry for a test received on September 21, 2009. Moreover, the station records contained no entries for monthly tests received or retransmitted for the period between July 1, 2009 and September 28, 2009. The broadcast station records contained no reasons why tests were not sent or received. b. 47 C.F.R. S: 73.3527(e)(7): "At all times, a copy of the most recent version of the manual entitled The Public and Broadcasting." At the time of inspection, WOSS's public file contained no copy of The Public and Broadcasting. c. 47 C.F.R. S: 73.3527(e)(8): "For non-exempt noncommercial educational broadcast stations, every three months a list of programs that have provided the station's most significant treatment
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-303811A1.html
  • 11.54(b)(13)." A review of the station's EAS logs revealed that monthly tests were not received and retransmitted during July, October, and November. No weekly tests were received or transmitted during October. There were no entries in the station log indicating the reason why the required monthly tests and required weekly tests were not received or transmitted. c. 47 C.F.R. S: 73.3527(d)(8)(i): "Issues/programs lists. For non-exempt noncommercial educational radio 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/da011746.doc http://transition.fcc.gov/eb/Orders/2001/da011746.html
  • Inc. ) File No. EB-01-HL-034 Licensee of KWBN-TV ) Honolulu, Hawaii ) NAL/Acct. No. 200132860002 ) FORFEITURE ORDER Adopted: July 20, 2001 Released: July 23, 2001 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) against Ho'ona'auao Community TV, Inc. (``HCTV'') for willful violation of Section 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted violation involves HCTV's failure to make station KWBN-TV's public inspection file available for inspection during normal business hours. On March 16, 2001, the Commission's Honolulu, Hawaii Resident Agent Office released a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to HCTV. HCTV has not filed a
• http://transition.fcc.gov/eb/Orders/2001/da012831.html http://transition.fcc.gov/eb/Orders/2001/da012831.pdf
  • Order, we admonish Isothermal Community College (``Isothermal''), licensee of noncommercial educational station WNCW(FM), Spindale, North Carolina, for broadcasting advertisements in violation of Section 399B of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. 399b, and Section 73.503 of the Commission's rules, 47 C.F.R. 73.503, and for failing to properly maintain its public file in violation of Section 73.3527 of the Commission's rules, 47 C.F.R. 73.3527. 2. We have carefully reviewed the record, including the complaints and Isothermal's responses, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions, as well as the public file rule. While we believe that no monetary sanction is warranted at this time, we find that an admonishment is
• http://transition.fcc.gov/eb/Orders/2001/da012937.html http://transition.fcc.gov/eb/Orders/2001/da012937.pdf
  • MEMORANDUM OPINION AND ORDER Adopted: December 20, 2001 Released: December 21, 2001 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we deny a petition for reconsideration1 filed by Ho'ona'auao Community TV, Inc. (``HCTV''), licensee of Station KWBN-TV, Honolulu, Hawaii, of a Forfeiture Order2 which issued a $10,000 forfeiture against HCTV for willful violation of Section 73.3527(c)(1) of the Commission's Rules (``Rules'').3 The noted violation involved HCTV's failure to make Station KWBN-TV's public inspection file available during normal business hours. 2. In its petition for reconsideration, HCTV does not dispute that a violation of Section 73.3527(c)(1) of the Rules occurred. Rather, HCTV requests that the Forfeiture Order be vacated or redirected to HCTV's former controlling directors. HCTV
• http://transition.fcc.gov/eb/Orders/2002/DA-02-3083A1.html
  • reconsideration of our December 6, 2001, Admonishment Order. That decision, in response to complaints, admonished Isothermal Community College (``Isothermal''), licensee of the captioned noncommercial radio station, for violating 47 U.S.C. 399b and 47 C.F.R. 73.503, which prohibit the broadcast of paid advertisements in the noncommercial service, and for failing to properly maintain its public file as required by 47 C.F.R. 73.3527. The joint petitioners argue that certain dicta in that Order, contained in Paragraph 9, should be modified or reversed. Isothermal, the station's licensee, did not participate in the joint petition or file a separate petition for reconsideration or application for review. III. DISCUSSION 3. Joint petitioners have not demonstrated that their ``interests are adversely affected'' by the Order, as required
• http://transition.fcc.gov/eb/Orders/2003/DA-03-2664A1.html
  • August 14, 2003 Released: August 18, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel a proposed monetary forfeiture in the amount of nine thousand dollars ($9,000), issued to American Family Association, Inc., (``AFA'') licensee of Radio Station KAUF-FM (``Station KAUF''), in Kennett, Missouri, for apparent willful violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8) of the Commission's Rules ("Rules").1 The noted violations involve AFA's failure to have operational Emergency Alert System (``EAS'') equipment and failure to maintain all required items in the public inspection file (``public file''). While we cancel the proposed forfeiture, we admonish AFA for the public file violations. 2. On September 23, 2002, the District Director of the
• http://transition.fcc.gov/eb/Orders/2003/DA-03-3638A1.html
  • The Commission received complaints that Isothermal broadcast an on-air raffle on WNCW(FM) during the period April 2 through 8, 2002, that failed to make clear that consideration was not required to participate in the contest and otherwise refrained from airing the contest's rules, in violation of the licensee-conducted contest rule.2 One complainant further alleged that Isothermal has violated 47 C.F.R. 73.3527(e)(9) regarding the maintenance of WNCW(FM)'s public file's donor lists. Specifically, he claimed that, during his April 18, 2002, visit to the station, the public file's donor list was incomplete because it included information current only through January 10, 2002.3 One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic
• http://transition.fcc.gov/eb/Orders/2003/DA-03-441A1.html
  • to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated these rules. 8 On September 23, 2002, the Kansas City Office issued an NAL for a $9,000 forfeiture to AFA for violations of Sections 11.35(a) (failure to maintain operational EAS equipment) and 73.3527(e) (failure to maintain all required items in the station's public file) at KAUF-FM. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232560027 (Enf. Bur., released September 23, 2002). In its response to the NAL, AFA disputes that it violated the EAS rule, but admits that it violated the public inspection file rule. We do not rely on the NAL here,
• http://transition.fcc.gov/eb/Orders/2003/DOC-241846A2.html
  • The Commission received complaints that Isothermal broadcast an on-air raffle on WNCW(FM) during the period April 2 through 8, 2002, that failed to make clear that consideration was not required to participate in the contest and otherwise refrained from airing the contest's rules, in violation of the licensee-conducted contest rule.2 One complainant further alleged that Isothermal has violated 47 C.F.R. 73.3527(e)(9) regarding the maintenance of WNCW(FM)'s public file's donor lists. Specifically, he claimed that, during his April 18, 2002, visit to the station, the public file's donor list was incomplete because it included information current only through January 10, 2002.3 One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2387A1.html
  • thousand dollars ($13,000) issued to Cornell College (``Cornell''), the licensee of noncommercial educational FM Station KRNL, Mt. Vernon, Iowa. We find that Cornell failed to maintain control of the station's transmitter in apparent willful and repeated violation of Section 73.1350(b)(2) of the Commission's Rules (``Rules'') and failed to make available the station's public file in apparent willful violation of Section 73.3527(c) of the Rules.1 While we cancel the forfeiture based primarily upon the financial hardship that would result, we admonish Cornell for its violations of Sections 73.1350(b)(2) and 73.3527(c) of the Rules. II. BACKGROUND 2. On March 18, 2003, an agent from the Commission's Kansas City Office (``Kansas City Office'') conducted an inspection of Station KRNL-FM. The station's transmitter site was
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3264A1.html
  • FORFEITURE ORDER Adopted: October 14, 2004 Released: October 19, 2004 By the Assistant Bureau Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a forfeiture in the amount of twenty-five thousand dollars ($25,000) to Paulino Bernal Evangelism (``Paulino''), licensee of radio broadcast station KBRN(AM), Boerne, Texas, for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules (``Rules'').1 The noted rule violations involve its failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the hours of station operation, and failure to make available a public inspection file. 2. In a December 19, 2003 Notice of Apparent Liability for Forfeiture
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3417A1.html
  • ORDER Adopted: October 27, 2004 Released: October 29, 2004 By the Assistant Chief, 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 Lebanon Educational Broadcasting Foundation (``Lebanon''), licensee of noncommercial Station KTTK(FM), Lebanon, Missouri, for its willful violation of the public file requirements of Section 73.3527(c)(1) of the Commission's Rules (``Rules'').1 II. BACKGROUND 2. On January 30, 2003, an agent from the Commission's Kansas City, Missouri Field Office (``Field Office'') inspected Station KTTK's facilities, and observed that certain documents (the station's contour map and issues/programs list, and copy of the ``Public and Broadcasting'' manual) were missing from the station's public files and thus not made available
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3991A1.html
  • 0006-7913-54 Keokuk, Iowa ) Chicago, Illinois FORFEITURE ORDER Adopted: December 21, 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 five thousand dollars ($5,000) to The Moody Bible Institute of Chicago (``Moody''), licensee of station KMDY-FM, for willful violation of Section 73.3527(c) of the Commission's Rules (``Rules'').1 The noted violation involves Moody's failure to make available a complete public inspection file for station KMDY-FM during normal business hours. 2.On February 13, 2004, the Commission's Kansas City, Missouri Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 to Moody for a forfeiture in the amount of ten thousand dollars
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1665A1.html
  • Memorandum Opinion and Order ("Order"), we deny a petition for reconsideration filed by Paulino Bernal Evangelism ("Evangelism"), former licensee of AM broadcast station KBRN, Boerne, Texas. Evangelism filed for reconsideration of a Bureau Forfeiture Order issued to Evangelism on October 19, 2004, in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules ("Rules"). The noted rule violations involve Evangelism's failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System ("EAS") equipment during the hours of station operation, and failure to make the station's public inspection file available. II. BACKGROUND 2. On October 28, 2003, an agent from the
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2290A1.html
  • ) FRN 0008-1031-37 Facility ID No. 122010 ) ) ORDER Adopted: November 8, 2006 Released: November 13, 2006 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. By this Order ("Order"), we cancel the proposed four thousand dollar ($4,000) forfeiture issued to CSN International, licensee of WYJC(FM), Tallahassee, Florida ("CSN") for the apparent willful violation of Section 73.3527 of the Commission's Rules. We also admonish CSN for failing to make available a complete public inspection file. II. BACKGROUND 2. On April 6, 2006, agents from the Commission's Tampa Office of the Enforcement Bureau ("Tampa Office") conducted an inspection of station WYJC located in Tallahassee, Florida. During regular business hours, the agents requested to inspect the station's public inspection
• http://transition.fcc.gov/eb/Orders/2006/DA-06-326A1.html
  • part a Petition for Reconsideration filed by Lebanon Educational Broadcasting Foundation (``Lebanon''), Licensee of Noncommercial Station KTTK(FM), Lebanon, Missouri. Lebanon seeks reconsideration of a Forfeiture Order1 in which the Assistant Chief, Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of four thousand dollars ($4,000) for willful violation of the public inspection file requirements of Section 73.3527(c)(1) of the Commission's Rules (``Rules'').2 The noted violation involves Lebanon's failure to make available for inspection all required items in the station's public inspection file during regular business hours. For the reasons discussed below, we find that a further reduction of the forfeiture amount from $4,000 to three thousand two hundred dollars ($3,200) is warranted. II. BACKGROUND 2. On January
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1073A1.html
  • I.D. No. 23324 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 7, 2007 Released: March 7, 2007 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Gaston College, licensee of Noncommercial Educational Station WSGE(FM), Dallas, North Carolina (the "Station"), willfully and repeatedly violated Section 73.3527 of the Commission's rules relating to a noncommercial licensee's obligation to properly maintain and make available a public inspection file. For the following reasons, we conclude that Gaston College is apparently liable for the base forfeiture amount of $10,000. II. BACKGROUND 2. On March 7, 2005, the Commission received a complaint (the "Complaint") from J. Davidson Morrison (the "Complainant"), who
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2658A1.html
  • Radio also argues that the forfeiture amount should be reduced consistent with the Media Bureau's decision in Trustees of Davidson College, in which a $9,000 forfeiture concerning three years of missing issues/programs lists was reduced to $1,000. The Davidson College case is not dispositive in this case. We first note that the Davidson College case involved a violation of Section 73.3527 of the Rules, and the violation was self-reported by the licensee. Additionally, the Media Bureau concluded that the missing issues/programs lists were missing for eight months, rather than for three years. In the present case, the violations were discovered by a Seattle agent during an inspection of the licensee's public inspection file. In similar situations, we have proposed and imposed
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2659A1.html
  • Radio also argues that the forfeiture amount should be reduced consistent with the Media Bureau's decision in Trustees of Davidson College, in which a $9,000 forfeiture concerning three years of missing issues/programs lists was reduced to $1,000. The Davidson College case is not dispositive in this case. We first note that the Davidson College case involved a violation of Section 73.3527 of the Rules and the violation was self-reported by the licensee. Additionally, the Media Bureau concluded that the missing issues/programs lists were missing for eight months, rather than for three years. In the present case, the violations were discovered by a Seattle agent during an inspection of the licensee's public inspection file. In similar situations, we have proposed and imposed
• http://transition.fcc.gov/eb/Orders/2007/DA-07-3099A1.html
  • ) FORFEITURE ORDER Adopted: July 10, 2007 Released: July 12, 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 Brenau University Network ("Brenau"), licensee of FM radio station WBCX, in Gainesville, Georgia, for willful and repeated violation of Section 73.3527 of the Commission's Rules ("Rules"). The noted violation involves Brenau's failure to make available and maintain a complete public inspection file. 2. On May 2, 2007, the Commission's Atlanta Office of the Enforcement Bureau ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Brenau. Brenau has not filed a response to the
• http://transition.fcc.gov/eb/Orders/2007/DA-07-502A1.html
  • 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eleven thousand two hundred dollars ($11,200) to Long Pond Baptist Church ("Long Pond"), licensee of radio station WTBH (FM) and owner of antenna structure # 1204141, for willful and repeated violation of Section 17.50 of the Commission's Rules ("Rules") and for willful violation of Section 73.3527 of the Rules. The noted violations involve Long Pond's failure to clean and repaint its antenna structure as often as necessary to maintain good visibility and its failure to maintain for public inspection the complete required contents of the station's public inspection file. II. BACKGROUND 2. On September 13, 2005, agents of the Enforcement Bureau's Tampa Office conducted an inspection
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1706A1.html
  • FORFEITURE ORDER Adopted: July 21, 2008 Released: July 23, 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 four thousand dollars ($4,000) to Friendship Communications, Inc. ("Friendship"), licensee of non-commercial station KWOF-FM, in Hiawatha, Iowa, for willful and repeated violation of Section 73.3527 of the Commission's Rules ("Rules"). The noted violation involves Friendship's failure to maintain and make available a complete public inspection file. II. BACKGROUND 2. On March 12, 2008, in response to a complaint, an agent from the Commission's Kansas City Office of the Enforcement Bureau ("Kansas City Office") requested to inspect station KWOF-FM's public inspection file at its main studio
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-252A1.html
  • the forfeiture amount from $25,000 to $20,000 and deny the application for review in all other respects. In the Memorandum Opinion and Order, the Bureau denied Evangelism's petition for reconsideration of a Bureau Forfeiture Order issued to Evangelism on October 19, 2004, in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules ("Rules"). The noted rule violations involve Evangelism's failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System ("EAS") equipment during the hours of station operation, and failure to make the station's public inspection file available. II. BACKGROUND 2. On October 28, 2003, an agent from the
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1208A1.html
  • of FM radio station WYGG in Asbury Park, New Jersey, for willfully and repeatedly violating Section 1.1310 of the Commission's Rules ("Rules), by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. II. BACKGROUND 2. On November 16, 2006, an agent from the Commission's New York Office monitored station WYGG on 88.1 MHz using an FCC direction finding vehicle and found that the station was operating from an antenna mounted on the roof of 601 Bangs Avenue, Asbury Park, New Jersey
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1596A1.html
  • his 2006 license renewal application 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 steps to ensure that all necessary documentation required to be kept in the file has been, or will immediately be, placed in the file. 47 C.F.R. S: 73.503(a). See 47 C.F.R. S: 73.3527(e)(12) See Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994). 47 C.F.R. S:S: 0.111, 0.311, 1.80(f). See 47 C.F.R. S: 1.1914. (Continued from previous page) (continued....) Federal Communications Commission DA 09-1596 2 2 Federal Communications Commission DA 09-1596 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1596A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1596A1.doc
• http://transition.fcc.gov/eb/Orders/2010/DA-10-153A1.html
  • Facility I.D. No. 23324 Carolina ) ) FORFEITURE ORDER Adopted: January 29, 2010 Released: January 29, 2010 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("FO"), we assess a monetary forfeiture in the amount of $8,000 against Gaston College, licensee of Noncommercial Educational Station WSGE(FM), Dallas, North Carolina (the "Station"), for willfully and repeatedly violating Section 73.3527 of the Commission's rules relating to a noncommercial licensee's obligation to properly maintain and make available a public inspection file. II. BACKGROUND 2. As discussed in detail in the Notice of Apparent Liability for Forfeiture ("NAL") issued in this case, the Commission received a complaint alleging that on March 7, 2005, the licensee, Gaston College, failed to make available for
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1755A1.html
  • find that R.J.'s Late Night Entertainment Corporation ("R.J."), licensee of Non-Commercial Educational ("NCE") Class D Station WHPR-FM, in Highland Park, Michigan (the "Station"), apparently willfully and repeatedly violated: (1) section 11.35(a) of the Commission's Rules ("Rules") by failing to maintain operational EAS equipment; (2) section 73.1690(b)(2) of the Rules for moving the Station's transmitter without Commission authorization; and (3) section 73.3527(b)(1) of the Rules by failing to maintain and make available a local public inspection file. We conclude that R.J. is apparently liable for a forfeiture in the amount of twenty-two thousand dollars ($22,000). We further direct R.J. to submit a written statement signed under penalty of perjury stating that Station WHPR-FM is now in compliance with sections 11.35(a) and 73.3527(b)(1)
• http://transition.fcc.gov/eb/Orders/2011/DA-11-216A1.html
  • FOR FORFEITURE Adopted: February 4, 2011 Released: February 8, 2011 By the District Director, Los Angeles District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Community Television of Southern California, Licensee of Noncommercial Educational TV Station KCET, Los Angeles, California ("Community Television"), apparently willfully and repeatedly violated Section 73.3527(c) of the Commission's rules ("Rules") by failing to make available the Station KCET public inspection file. We conclude that Community Television is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On August 19, 2010, an agent from the Enforcement Bureau's Los Angeles District Office visited Station KCET's main studio at 4401 Sunset
• http://transition.fcc.gov/eb/Orders/2012/DA-12-608A1.html
  • and Order, 45 FCC 2d 662 (1974) (licensee responsible for compliance with Commission radiotelephone operator rules despite transfer of control of stock of the licensee subsequent to the violations)). EZ Sacramento, Memorandum Opinion and Order, 16 FCC Rcd 4958, 4959 (2001) (licensee liable for violations concerning broadcast of telephone conversations despite intervening transfer of control). Mapleton incorrectly cites to Section 73.3527(d)(1), the rule applicable to maintenance of the public inspection file for non-commercial educational stations involved in an assignment of the license, to support its contention that it is not responsible for maintaining the public inspection file from the commencement of the license term. Response at 2. The correct rule applicable to a commercial station involved with a transfer of control
• http://transition.fcc.gov/eb/Orders/2012/DA-12-685A1.html
  • 2012 Released: May 2, 2012 By the Regional Director, Northeast Region, Enforcement Bureau: 1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of twenty-two thousand dollars ($22,000) to R.J.'s Late Night Entertainment Corporation (R.J.), licensee of Non-Commercial Educational Class D Station WHPR-FM, Highland Park, Michigan (Station), for willfully and repeatedly violating Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. The noted violations involved R.J.'s failure to maintain operational EAS equipment, relocation of the Station's transmitter without authorization, and failure to maintain and make available the Station's local public inspection file. 2. On October 24, 2011, the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to
• http://transition.fcc.gov/eb/Orders/da00561.doc http://transition.fcc.gov/eb/Orders/da00561.txt
  • Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against American Broadcasting Educational Foundation (``ABEF''). We conclude that ABEF willfully and repeatedly violated Section 73.1125 of the Commission's rules by not maintaining adequate staffing at the main studio for station KYCM(FM), Bastrop, Texas. We further conclude that ABEF willfully and repeatedly violated Section 73.3527 of the Commission's rules by not maintaining its local public inspection file for KYCM(FM) at the station's main studio. However, after considering all of the facts and circumstances, we have determined that a forfeiture for the latter rule violation is unnecessary. BACKGROUND 2. Following disposition of a petition to deny an application to assign the permit for KYCM(FM) (File No.
• http://transition.fcc.gov/eb/Public_Notices/DA-02-1238A1.html
  • Makefield Fire Co., Yardley, PA. Philadelphia, PA District Office (4/25/02). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * Monroe County Board of Education, WHFI, Lindside, WV. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (4/2/02). * Miracle Radio, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 17.4(g) (Posting of Antenna Structure Registration Number). Tampa, FL District Office (4/10/02). * Vernon Watson, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operator). Tampa, FL
• http://transition.fcc.gov/eb/Public_Notices/DA-02-2037A1.html
  • $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. Kansas City, MO District Office (7/12/02). * 47 C.F.R. 73.1350 Transmission System Operation * Farnell OQuinn, WUFF, Eastman, GA. $4,000 NAL. Atlanta, GA District Office (7/8/02). 47 C.F.R. Part 95 Personal Radio Services * 47 C.F.R. 95.411 --
• http://transition.fcc.gov/eb/Public_Notices/DA-02-2978A1.html
  • C.F.R. 17.21 (Painting and Lighting, When Required), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). Seattle, WA District Office (9/27/02). 47 C.F.R. Part 11 Emergency Alert System Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * American Family Association, KAUF, Tupelo, MS. $9,000 NAL. Other violations: 47 C.F.R. 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (9/28/02). * Southern Media Communications, Inc., Bay Minnette, AL. $11,000 NAL. Other violation: 47 C.F.R. 17.4(a) (Antenna Structure Registration). Atlanta, GA 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
• http://transition.fcc.gov/eb/Public_Notices/DA-02-402A1.html
  • Mega Communications, Silver Spring, MD. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (1/22/02). * 47 C.F.R. 11.61 Tests of EAS Procedures * Quality Broadcasting Corp., Delray Beach, FL. Tampa, FL District Office (1/16/02). * Morgan State College, WEAA, Baltimore, MD. Other violations: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (1/22/02). 47 C.F.R. Part 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Truth Broadcasting Corp., Winston-Salem, NC. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting), 17.51 (Time When Lights Should Be Exhibited), 73.49 (AM Transmission System Fencing Requirements), 73.1125 (Station
• http://transition.fcc.gov/eb/Public_Notices/DA-02-929A1.html
  • Columbia, MD District Office (3/29/02). * West Virginia University Board of Governors, WWVU, Morgantown, WV. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness) and 73.1870 (Chief Operator). Columbia, MD District Office (3/29/02). * 47 C.F.R. 11.35 Equipment Operational Readiness * The Regents of the University of California, KUCR(FM), Riverside, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). San Diego, CA District Office (3/7/02). * Infinity Broadcasting, Inc., Pittsburgh, PA. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (3/7/02). * Chowder Broadcasting Group, LLC., WORC, Worchester, MA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.62
• http://transition.fcc.gov/eb/Public_Notices/da001311.doc http://transition.fcc.gov/eb/Public_Notices/da001311.html
  • also issued for violation of 47 C.F.R. �� 11.21 (State and Local Area Plans and FCC Mapbook), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures). New York, NY Office (5/25/00). 47 C .F.R. � 11.21 (State and Local Area Plans and FCC Mapbook) University of Alaska. NOV also issued for violation of 47 C.F.R. � 73.3527 (Public Inspection File). Anchorage, AK (5/18/00). 47 C.F.R. � 11.32 (EAS Encoder) Mainstreet Broadcasting Company, Inc., Walsenburg, CO. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operational Readiness) and 11.52 (EAS Code and Attention Signal Monitoring Requirements). Denver, CO Office (5/3/00). 47 C.F.R. � 11.35 (Equipment Operational Readiness) AT&T Broadband & Internet Services, Waukegan, IL. NOV also
• http://transition.fcc.gov/eb/Public_Notices/da001683.doc http://transition.fcc.gov/eb/Public_Notices/da001683.html
  • (6/12/00). St. George Broadcasting LLC, Michigan City, Indiana, WIMS. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/12/00). University of AK, on Behalf of University of AK, Fairbanks, KSUA(FM), Fairbanks, AK. Other violations: 47 C.F.R. �� 73.1230 (Posting of Station License), 73.1870 (Chief Operators), and 73.3527 (Public Inspection File for Noncommercial Educational Stations). Anchorage, AK Resident Agent Office (6/13/00). AT&T Cable Services, Denver, CO. Other violations: 47 C.F.R. �� 11.51 (eas Code and Attention Signal Transmission Requirements), 76.605 (Cable Signal Leakage), and 76.615 (Notification Requirements). Denver, CO District Office (6/16/00). AT&T Internet and Broadband Services, Springfield, IL. Other violation: 47 C.F.R. � 11.61 (Tests of EAS
• http://transition.fcc.gov/eb/Public_Notices/da002136.doc http://transition.fcc.gov/eb/Public_Notices/da002136.html
  • RI. Other violation:. 47 C.F.R. � 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (8/30/00). 47 C.F.R. � 73.1870 - Chief Operators Concord Broadcasting L.L.C., WOTX-FM, Concord, NH. Other violation: 47 CFR � 73.3526 (Local Public Inspection File For Commercial Stations). Boston, MA District Office (8/4/00). Ozark Christian College, Joplin, MO. Other violation: 47 C.F.R. � 73.3527 (Local Public Inspection File for Non-Commercial Stations). Kansas City, MO District Office (8/30/00). 47 C.F.R. Part 76 - Multichannel Video and Cable Television Service 47 C.F.R. � 76.305 - Records to be Maintained Locally By Cable System Operators for Public Inspection Adelphia Cable Television, Las Vegas, New Mexico. Other violation: 47 C.F.R. � 76.605(a)(12) (Technical Standards). Denver, CO District Office
• http://transition.fcc.gov/eb/Public_Notices/da002408.doc http://transition.fcc.gov/eb/Public_Notices/da002408.html
  • Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. � 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. � 11.35 - Equipment Operations Readiness Tri-State Broadcasters, Inc., WTSA, Brattleboro,
• http://transition.fcc.gov/eb/Public_Notices/da002635.doc http://transition.fcc.gov/eb/Public_Notices/da002635.html
  • 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 (Local Public Inspection File For Noncommercial Broadcast Stations). Boston, MA District Office (10/10/00). Pollack Broadcasting Company, Cordova, TN. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Monitoring Requirements), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operators),
• http://transition.fcc.gov/eb/Public_Notices/da002855.doc http://transition.fcc.gov/eb/Public_Notices/da002855.html
  • Inspection File of Commercial Stations). Detroit, MI District Office (11/24/00). Stepchild Radio of Cincinnati, Inc., Cincinnati, OH. Other violations: 47 C.F.R. �� 73.267 (Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances) 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation), 73.1820 (Station Log), 73.1870 (Chief Opeator), 73.3527 (Local Public Inspection File for Noncommercial Educational Stations) and Terms of the Station Authorization. Detroit, MI District Office (11/24/00). RJ's Late Night Entertain. Corp., Highland Park, MI. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances),
• http://transition.fcc.gov/eb/Public_Notices/da011019.doc http://transition.fcc.gov/eb/Public_Notices/da011019.html
  • 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 Services 47 C.F.R. � 73.3527 - Local Public Inspection File for Noncommercial Educational Stations Ho'ona'auao Community TV, Inc, KWBN, Honolulu, HI. $10,000 NAL. Honolulu, HI Resident Agent Office (3/16/01). 47 C.F.R. Part 80 - Stations in the Maritime Services 47 C.F.R. � 80.953 - Inspection and Certification Shepler's Inc, Mackinaw City, MI. $2,200 NAL. Detroit, MI District Office (3/27/01). NOTICES OF VIOLATION 47 C.F.R. Part
• http://transition.fcc.gov/eb/Public_Notices/da01102.doc http://transition.fcc.gov/eb/Public_Notices/da01102.html
  • PA District Office (12/7/00). Robert Veal, Sacramento, CA. Anchorage, AK Resident Agent Office (12/14/00). 47 C.F.R. � 1.903 - Authorization Required ASTI Transportation Systems, Inc., New Castle, DE, WPKU578. Columbia, MD District Office (12/1/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.15 - EAS Operating Handbook Missouri Valley College, Marshall, MO. Other violation: 47 C.F.R. � 73.3527 (Local Public Inspection File for Noncommercial Educational 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
• http://transition.fcc.gov/eb/Public_Notices/da011644.doc http://transition.fcc.gov/eb/Public_Notices/da011644.html
  • District Office (5/4/01). Atlantic City Board of Education, Atlantic City, NJ, (WAJM-FM). Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Stations). Philadelphia, PA District Office (5/11/01). Sunflower Cablevision, Lawrence, KS. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 76.305 (Records to be Maintained Locally by Cable System Operators for Public Inspection) and 76.605 (Technical Standards). Kansas City, MO District Office (5/7/01). Adelphia Cable, Yuma, AZ. Other violation: 47 C.F.R. � 11.61 (Tests
• http://transition.fcc.gov/eb/Public_Notices/da012273.html http://transition.fcc.gov/eb/Public_Notices/da012273.pdf
  • (Tests of EAS Procedures). San Diego, CA District Office (8/22/01). * Yavapai Broadcasting Corp., KVNA (FM), Flagstaff, AZ. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (8/22/01). * The Praise Network, Hays, Kansas. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Stations). Kansas City, MO District Office (8/24/01) * 47 C.F.R. 11.52 EAS Code and Attention Signal Monitoring Requirements * Falcon Cablevision, Inc. d.b.a. Charter Communications, Cedartown, GA. Other violations: 47 C.F.R. 73.1820 (Station Log). Atlanta, GA District Office (8/7/01). * Clark Broadcasting Corp., KKBN, Sonora, CA. Other violation: 47 C.F.R. 73.1820 (Station Log). San
• http://transition.fcc.gov/eb/Public_Notices/da012818.html http://transition.fcc.gov/eb/Public_Notices/da012818.pdf
  • Riverdale, NJ. Other violation: 47 C.F.R. 90.403 (General Operating Requirements). New York, NY District Office (10/19/01). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * New Life Evangelistic Center, Inc., New Bloomfield, MO. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (10/1/01). * CB Radio, Inc., WBEJ, Elizabethton, TN. Other violations: 17.4(g) (Posting of Antenna Structure Registration Number), 73.51 (Determining Operating Power), and 73.1590 (Equipment Performance Measurements). Atlanta, GA District Office (10/4/01). * Charter Communications, Dalton, GA. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code
• http://transition.fcc.gov/eb/Public_Notices/da012948.html http://transition.fcc.gov/eb/Public_Notices/da012948.pdf
  • Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). * School District, Bay City, WCHW-FM, Bay City, MI. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.567 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Boston, MA District Office (11/26/01). * 47 C.F.R. 11.32 EAS Encoder * Twin City Baptist Temple, Inc., WCMX, Lunenburg, MA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1590 (Equipment Performance Measurements) and 73.1870 (Chief Operator). Boston, MA District Office (11/5/01). * Great Lakes Community Broadcasting, Inc., WAAQ,
• http://transition.fcc.gov/eb/Public_Notices/da01541.doc http://transition.fcc.gov/eb/Public_Notices/da01541.html
  • 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. �� 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements), 73.1820 (Station Log), and 73.1870 (Chief Operator). New Orleans, LA District Office (1/29/01). Don L. Cook, Otterville, MO.
• http://transition.fcc.gov/eb/Public_Notices/da01711.doc http://transition.fcc.gov/eb/Public_Notices/da01711.html
  • Measurements), 73.1590 (Equipment Performance Measurements), and 73.3526 (Local Public Inspection File for Commercial Stations). Columbia, MD District Office (2/21/01). 47 C.F.R. � 73.317 - Spurious Emissions Hawaii Public Radio, KIPO-FM, Honolulu, HI. Honolulu, HI Resident Agent Office (2/7/01). 47 C.F.R. � 73.1201 - Station Identification The Board of Education, Novi Community School District, Novi, MI. Other violation: 47 C.F.R. � 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Detroit, MI District Office (2/2/01). 47 C.F.R. � 73.1213 - Antenna Structure Marking and Lighting Saga Communications of Tuckessee, LLC, WVVR, Hopkinsville, KY. Chicago, IL District Office (2/15/01). 47 C.F.R. � 73.1820 - Station Log McClure Broadcasting, Inc., WRLD-FM, Columbus, GA. Other violation: 47 C.F.R. � 73.1870 (Chief Operator). Atlanta, GA District
• http://transition.fcc.gov/eb/broadcast/pif.html
  • 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 studio. Sections 73.3526 and 73.3527
• http://transition.fcc.gov/fcc-bin/audio/DA-11-1330A3.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-1330A3.pdf
  • 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 require that employment units retain such
• http://transition.fcc.gov/fcc-bin/audio/am.html
  • 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 continues to
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [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 changes in an existing station. [630]TEXT [631]PDF 73.3539 Application for
• http://transition.fcc.gov/fcc-bin/audio/annual-reports-FRC.html
  • April 12, 2001 [ [942]Word ]. Teacher as station manager OK; public inspection file should be available throughout the calender year, including summer recess months. June 1999 The Public and Broadcasting Information Sheet, , , dated June 1999 [ [943]HTML ]. This document is REQUIRED to be in each broadcast station's local public inspection file, per 47 CFR 73.3526 and 73.3527. June 24, 1999 Central Coast Communications, Inc. [KIEZ (FM), Carmel Valley, CA] Letter DA 99-1203, , released June 24, 1999 [ [944]WP5.1 | [945]Text ]. June 24, 1999 Padre Sierra Communications, Inc." [KRQK (FM), Lompoc, CA] Letter DA 99-1206, , released June 24, 1999 [ [946]WP5.1 | [947]Text ]. June 24, 1999 Padre Sierra Communications, Inc. [KSBQ (AM), Santa Maria,
• http://transition.fcc.gov/fcc-bin/audio/fm.html
  • 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 continues to
• http://transition.fcc.gov/fcc-bin/audio/legalser.html
  • April 12, 2001 [ [942]Word ]. Teacher as station manager OK; public inspection file should be available throughout the calender year, including summer recess months. June 1999 The Public and Broadcasting Information Sheet, , , dated June 1999 [ [943]HTML ]. This document is REQUIRED to be in each broadcast station's local public inspection file, per 47 CFR 73.3526 and 73.3527. June 24, 1999 Central Coast Communications, Inc. [KIEZ (FM), Carmel Valley, CA] Letter DA 99-1203, , released June 24, 1999 [ [944]WP5.1 | [945]Text ]. June 24, 1999 Padre Sierra Communications, Inc." [KRQK (FM), Lompoc, CA] Letter DA 99-1206, , released June 24, 1999 [ [946]WP5.1 | [947]Text ]. June 24, 1999 Padre Sierra Communications, Inc. [KSBQ (AM), Santa Maria,
• http://transition.fcc.gov/fcc-bin/audio/published_audio_documents.html
  • FM station at Bernardsville, NJ, Letter, DA 09-524, released February 27, 2009. [ [914]PDF | [915]Word ]. Granted the construction permit. February 26, 2009 Wayne State College, re renewal of license for KWSC (FM), Wayne, NE, Forfeiture Order, DA 09-488, released February 26, 2009. [ [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,
• http://transition.fcc.gov/mb/audio/alphaindex.html
  • 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 FCC rcd
• http://transition.fcc.gov/mb/audio/decdoc/legalser.html
  • April 12, 2001 [ [942]Word ]. Teacher as station manager OK; public inspection file should be available throughout the calender year, including summer recess months. June 1999 The Public and Broadcasting Information Sheet, , , dated June 1999 [ [943]HTML ]. This document is REQUIRED to be in each broadcast station's local public inspection file, per 47 CFR 73.3526 and 73.3527. June 24, 1999 Central Coast Communications, Inc. [KIEZ (FM), Carmel Valley, CA] Letter DA 99-1203, , released June 24, 1999 [ [944]WP5.1 | [945]Text ]. June 24, 1999 Padre Sierra Communications, Inc." [KRQK (FM), Lompoc, CA] Letter DA 99-1206, , released June 24, 1999 [ [946]WP5.1 | [947]Text ]. June 24, 1999 Padre Sierra Communications, Inc. [KSBQ (AM), Santa Maria,
• 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
  • 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 Competition Act
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000561.doc
  • Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against American Broadcasting Educational Foundation (``ABEF''). We conclude that ABEF willfully and repeatedly violated Section 73.1125 of the Commission's rules by not maintaining adequate staffing at the main studio for station KYCM(FM), Bastrop, Texas. We further conclude that ABEF willfully and repeatedly violated Section 73.3527 of the Commission's rules by not maintaining its local public inspection file for KYCM(FM) at the station's main studio. However, after considering all of the facts and circumstances, we have determined that a forfeiture for the latter rule violation is unnecessary. BACKGROUND 2. Following disposition of a petition to deny an application to assign the permit for KYCM(FM) (File No.
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001311.doc
  • also issued for violation of 47 C.F.R. �� 11.21 (State and Local Area Plans and FCC Mapbook), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures). New York, NY Office (5/25/00). 47 C .F.R. � 11.21 (State and Local Area Plans and FCC Mapbook) University of Alaska. NOV also issued for violation of 47 C.F.R. � 73.3527 (Public Inspection File). Anchorage, AK (5/18/00). 47 C.F.R. � 11.32 (EAS Encoder) Mainstreet Broadcasting Company, Inc., Walsenburg, CO. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operational Readiness) and 11.52 (EAS Code and Attention Signal Monitoring Requirements). Denver, CO Office (5/3/00). 47 C.F.R. � 11.35 (Equipment Operational Readiness) AT&T Broadband & Internet Services, Waukegan, IL. NOV also
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.doc http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.html
  • (6/12/00). St. George Broadcasting LLC, Michigan City, Indiana, WIMS. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/12/00). University of AK, on Behalf of University of AK, Fairbanks, KSUA(FM), Fairbanks, AK. Other violations: 47 C.F.R. �� 73.1230 (Posting of Station License), 73.1870 (Chief Operators), and 73.3527 (Public Inspection File for Noncommercial Educational Stations). Anchorage, AK Resident Agent Office (6/13/00). AT&T Cable Services, Denver, CO. Other violations: 47 C.F.R. �� 11.51 (eas Code and Attention Signal Transmission Requirements), 76.605 (Cable Signal Leakage), and 76.615 (Notification Requirements). Denver, CO District Office (6/16/00). AT&T Internet and Broadband Services, Springfield, IL. Other violation: 47 C.F.R. � 11.61 (Tests of EAS
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002136.doc
  • RI. Other violation:. 47 C.F.R. � 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (8/30/00). 47 C.F.R. � 73.1870 - Chief Operators Concord Broadcasting L.L.C., WOTX-FM, Concord, NH. Other violation: 47 CFR � 73.3526 (Local Public Inspection File For Commercial Stations). Boston, MA District Office (8/4/00). Ozark Christian College, Joplin, MO. Other violation: 47 C.F.R. � 73.3527 (Local Public Inspection File for Non-Commercial Stations). Kansas City, MO District Office (8/30/00). 47 C.F.R. Part 76 - Multichannel Video and Cable Television Service 47 C.F.R. � 76.305 - Records to be Maintained Locally By Cable System Operators for Public Inspection Adelphia Cable Television, Las Vegas, New Mexico. Other violation: 47 C.F.R. � 76.605(a)(12) (Technical Standards). Denver, CO District Office
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002408.doc
  • Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. � 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. � 11.35 - Equipment Operations Readiness Tri-State Broadcasters, Inc., WTSA, Brattleboro,
• 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
  • 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 who seek
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.doc http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.txt
  • 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 47 U.S.C. �� 303a,
• 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
  • Comments at 24-25. 144. NAB Supplemental Comments, Attachment at 5 (filed July 29, 1996). 145. As described below in Section IV, we will require that broadcasters indicate the age of the target child audience in their program description. 146. See 47 C.F.R. 73.1201 (requiring station identification); 73.1212 (requiring sponsorship identification). 147. See id. at 73.3580. 148. See id. at 73.3526, 73.3527. 149. NPRM, 10 FCC Rcd at 6322; 47 C.F.R. 73.1202. 150. NPRM, 10 FCC Rcd at 6323. 151. Id. 152. See, e.g., Cosmos et al. Comments at 9; Tribune Comments at 23-24; Curators of the University of Missouri Comments at 6-7. These broadcasters argued that this proposal is unnecessary because licensees are conscientious in responding to the public. Tribune opposed
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • 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 rules. Under
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992343.doc
  • Bastrop, Texas 8103 Brodie Lane, Suite 3 Austin, Texas 78475 Dear Mr. Prideaux: This letter constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE to American Broadcasting Educational Foundation (``ABEF'' or ``Permittee'') pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''). As explained herein, we believe that ABEF willfully and/or repeatedly violated Sections 73.1125 and 73.3527 of the Commission's Rules. This action is taken pursuant to authority delegated to the Chief, Mass Media Bureau, by Section 0.283 of the Commission's Rules. By letter dated June 29, 1999, the Commission, by the Chief, Audio Services Division, granted applications (and denied, in part, a related petition to deny) to assign authorizations for various facilities, including the permit for
• 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
  • 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 regarding the
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.txt
  • with that section in its licensing proceedings. See KQED, Inc., 88 FCC 2d 1159, 1164-65 (1982), aff'd, California Public Broadcasting Forum v. FCC, 752 F.2d 670 (D.C. Cir. 1985). Moreover, as WQED points out, the CPB is aware of Alliance's allegations regarding WQED's compliance with Section 396, and continues to support WQED's proposed divestiture of WQEX(TV). Public File Access. Section 73.3527 requires licensees to maintain a public inspection file containing specified station records, and to make the file available to the public during regular business hours. See 47 C.F.R. � 73.3527(d), (f). According to Alliance, an individual visited WQED's offices twice on October 8, 1996, and was told to call to make an appointment to inspect the public file, a practice
• 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
  • 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 were
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.txt
  • 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 used for
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • applications and the sole remaining application after a settlement among mutually exclusive applications. If any such application is determined unacceptable the application will be returned and the applicant will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor. 10. Section 73.3527 is amended by revising the first sentence of paragraph (e)(2) to read as follows: � 73.3527 Local public inspection file of noncommercial educational stations. ***** (e)* * * (2) Applications and related materials. A copy of any application tendered for filing with the FCC, together with all related material, including supporting documentation of any points claimed in the application pursuant
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.txt
  • 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; and 3)
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.txt
  • 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 an officer;
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da991099.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da991099.txt http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da991099.wp
  • 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 at (202)418-2120. References
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd991029.html
  • its willful and repeated violations of Section 73.1125 of the Commission's Rules. Action by Deputy Chief, Common Carrier Bureau. Adopted: October 27, 1999. by NAL Letter. (DA No. 99-2342). MMB Internet URL: [15]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992342.doc AMERICAN BROADCASTING EDUCATIONAL FOUNDATION. Issued a Notice of Apparent Liability for a Forfeiture in the amount of $10,000 for willful and repeated violations of Sections 73.1125 and 73.3527 of the Commission's Rules. Action by Chief, Mass Media Bureau. Adopted: October 27, 1999. by NAL Letter. (DA No. 99-2343). MMB Internet URL: [16]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992343.doc CHILLICOTHE AND ASHVILLE, OH. Proposed FM reallotment of Channel 227B from Chillicothe to Ashville, OH as the community's first local aural service, and modification of Station WKKJ's license to specify Ashville as its community of license.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd011221.html
  • THE FIRM V. JONES SPACELINK APPLICATION FOR REVIEW. Denied Application for Review. Action by: The Commission. Adopted: 12/19/2001 by MO&O. (FCC No. 01-373). CSB [75]FCC-01-373A1.doc [76]FCC-01-373A1.pdf [77]FCC-01-373A1.txt HO'ONA'AUAO COMMUNITY TV, INC.. Denied petition for reconsideration of a $10,000 forfeiture against ( KWBN-TV) Honolulu, Hawaii, for failure to make public inspection file available during normal business hours in violation of Section 73.3527(c)(1) of the Rules.. Action by: Chief, Enforcement Bureau. Adopted: 12/20/2001 by MO&O. (DA No. 01-2937). EB [78]DA-01-2937A1.doc [79]DA-01-2937A1.pdf [80]DA-01-2937A1.txt NEWBERRY AND SIMPSONVILLE, SOUTH CAROLINA. Amended FM Table of Allotments for these communities. (Dkt No. 01-110). Action by: Chief, Allocations Branch. Adopted: 12/12/2001 by R&O. (DA No. 01-2988). MMB [81]DA-01-2988A1.doc [82]DA-01-2988A1.pdf [83]DA-01-2988A1.txt WICKENBURG AND SALOME, ARIZONA. Proposed amending FM Table of
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040802.html
  • and repaint its antenna structure to maintain good visibility. Action by: Chief, Enforcement Bureau. Adopted: 07/29/2004 by Forfeiture Order. (DA No. 04-2388). EB [7]DA-04-2388A1.doc [8]DA-04-2388A1.pdf [9]DA-04-2388A1.txt CORNELL COLLEGE. Cancelled the monetary forfeiture in the amount of $13,000 to Cornell, the licensee of noncommercial educational FM Station KRNL, Mt. Vernon, IA. Admonished Cornell for its violations of Sections 73.1350(b)(2) and Section 73.3527(c) of the Rules. Action by: Chief, Enforcement Bureau. Adopted: 07/29/2004 by MO&O. (DA No. 04-2387). EB [10]DA-04-2387A1.doc [11]DA-04-2387A1.pdf [12]DA-04-2387A1.txt PEARSON BROADCASTING OF MENA, INC. Issued a monetary forfeiture in the amount of $1,600 to Pearson Broadcasting of Mena, Inc., licensee of FM Station KTTG, Mena, Arkansas, for failure to receive and transmit required weekly and monthly tests of the Emergency
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd041029.html
  • SAVINGS. Denied the complaint regarding unauthorized change of subscriber's telecommunications carrier. Action by: Deputy Chief, Consumer Policy Division, Consumer & Governmental Affairs Bureau. Adopted: 10/27/2004 by ORDER. (DA No. 04-3431). CGB [161]DA-04-3431A1.doc [162]DA-04-3431A1.pdf [163]DA-04-3431A1.txt LEBANON EDUCATIONAL BROADCASTING FOUNDATION. Issued a monetary forfeiture in the amount of $4,000 to Lebanon Educational Broadcasting Foundation for violating the public file requirements of Section 73.3527(c)(1) of the Commission's Rules. Action by: Assistant Chief, Enforcement Bureau. Adopted: 10/27/2004 by Forfeiture Order. (DA No. 04-3417). EB [164]DA-04-3417A1.doc [165]DA-04-3417A1.pdf [166]DA-04-3417A1.txt PAYPHONE SYSTEMS V. CITIZENS COMMUNICATIONS COMPANY F/K/A CITIZENS UTILITIES COMPANY AND CITIZENS TELECOMMUNICATIONS COMPANY D/B/A CITIZENS TELCOM. Dismissed with prejudice the complaint in its entirety, and termianted the proceeding. Action by: Deputy Chief, Market Disputes Resolution Division:. Adopted:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd061113.html
  • violation of Section 301 of the Communications Act of 1934, as amended. Action by: Regional Director, South Central Region, Enforcement Bureau. Adopted: 11/08/2006 by Forfeiture Order. (DA No. 06-2289). EB [17]DA-06-2289A1.doc [18]DA-06-2289A1.pdf [19]DA-06-2289A1.txt CSN INTERNATIONAL, WYJC (FM), TALLAHASSEE, FL. Cancelled the proposed $4,000 forfeiture issued to CSN 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.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080201.html
  • HORACE H.C. ALBAUGH, AND MR. HILTON BAXTER. Denied informal objections and granted application for renewal of license of Station WSKG-FM, Binghamton, New York. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 08-280). MB [54]DA-08-280A1.doc [55]DA-08-280A1.pdf [56]DA-08-280A1.txt COMMUNITY TELEVISION OF SOUTHERN CALIFORNIA, KCET(TV), LOS ANGELES, CALIFORNIA. Admonished Community Television of Southern California for the admitted violation of Section 73.3527 of the Commission's Rules described in KCET(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-263). MB [57]DA-08-263A1.doc [58]DA-08-263A1.pdf [59]DA-08-263A1.txt ERRATUM - UNIVERSAL SERVICE CONTRIBUTION METHODOLOGY. Issued Erratum for Order FCC 07-231 released January 24, 2008. (Dkt No. 06-122). Action by: Acting Chief, Telecommunications Access Policy Division, Wireline Competition Bureau by ERRATUM. WCB [60]DOC-279928A1.doc [61]DOC-279928A1.pdf
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090603.html
  • OF LICENSEE APPLICATIONS, AND DE FACTO TRANSFER LEASE APPLICATIONS, AND DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS ACCEPTED FOR FILING. PSHSB [66]DOC-291159A1.pdf [67]DOC-291159A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- MINORITY BUSINESS & HOUSING DEVELOPMENT, INC. Issued a monetary forfeiture in the amount of $25,000 to Minority Business & Housing Development, Inc. for willfully and repeatedly violating Section 1.1310, Section 73.1350(a), and Section 73.3527(a) of the Commission's Rules. Action by: Regional Director, Northeast Region, Enforcement Bureau. Adopted: 05/28/2009 by Forfeiture Order. (DA No. 09-1208). EB [68]DA-09-1208A1.doc [69]DA-09-1208A1.pdf [70]DA-09-1208A1.txt MEADE COUNTY COMMUNICATIONS, INC. Issued a $7,000 forfeiture to Station WMMG-FM, Brandenburg, Kentucky. Action by: Chief, Audio Division, Media Bureau. Adopted: 06/02/2009 by Forfeiture Order. (DA No. 09-1243). MB [71]DA-09-1243A1.doc [72]DA-09-1243A1.pdf [73]DA-09-1243A1.txt POST-TRANSITION DTV TABLE OF
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100201.html
  • No 09-183 ) CLARIFICATION REGARDING LOCAL FRANCHISING AUTHORITIES' SUBMISSIONS UNDER SECTION 652(d)(6) OF THE ACT. WCB . Contact: Dennis Johnson at (202) 418-0809 [27]DA-10-211A1.doc [28]DA-10-211A1.pdf [29]DA-10-211A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- GASTON COLLEGE. Assessed a monetary forfeiture in the amount of $8,000 against Gaston College, licensee of Noncommercial Educational Station WSGE(FM), Dallas, North Carolina, for willfully and repeatedly violating Section 73.3527 of the Commission's rules. Action by: Chief, Enforcement Bureau. Adopted: 01/29/2010 by Forfeiture Order. (DA No. 10-153). EB [30]DA-10-153A1.doc [31]DA-10-153A1.pdf [32]DA-10-153A1.txt PETITION FOR DECLARATORY RULING TO CLARIFY PROVISIONS OF SECTION 332(C)(7)(B) TO ENSURE TIMELY SITING REVIEW AND TO PREEMPT UNDER SECTION 253 STATE AND LOCAL ORDINANCES THAT CLASSIFY ALL WIRELESS SITING PROPOSALS AS REQUIRING A VARIANCE. Denied the Stay Request.
• http://www.fcc.gov/DiversityFAC/041210/career_advancement.pdf
  • 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 public file report
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/EEOrule.doc
  • 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 the date it
• http://www.fcc.gov/Forms/Form301/301.pdf
  • 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 accordance with 47 C.F.R. Section 1.65, applicants have
• http://www.fcc.gov/Forms/Form302-DTV/302dtv.pdf
  • 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 accordance with 47 C.F.R. Section 1.65, applicants have
• http://www.fcc.gov/Forms/Form302-FM/302fmjune02.pdf
  • 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 47 C.F.R. Section 1.65, applicants have
• http://www.fcc.gov/Forms/Form303-S/303s.pdf
  • 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 for less
• http://www.fcc.gov/Forms/Form314/314.pdf
  • 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 47 C.F.R. Section 1.65, applicants have
• http://www.fcc.gov/Forms/Form315/315.pdf
  • 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 accordance with 47 C.F.R. Section 1.65,
• http://www.fcc.gov/Forms/Form316/316.pdf
  • 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 with 47 C.F.R. Section 1.65, applicants
• http://www.fcc.gov/Forms/Form337/337.pdf
  • 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 is an
• http://www.fcc.gov/Forms/Form340/340.pdf
  • 73.3580(f). Worksheet #1 attached to these instructions provides additional guidance. The applicant need not file proof of publication with the application. H. Public Inspection File: The applicant must make a copy of this completed application and all related documents available to the public in the applicant's public inspection file located in the community of license, pursuant to 47 C.F.R. Section 73.3527. I. Defective Applications: Applicants should provide all information requested in this application. If any portions of the application are not applicable, the applicant should select the "N/A" option if provided, or skip the question only if specifically directed to do so on the form or instructions. Defective or incomplete applications will be returned without consideration. It is unacceptable to state
• http://www.fcc.gov/Forms/Form345/345.pdf
  • 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 dismissal. See 47 C.F.R. Section 73.3564(b)
• http://www.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.doc http://www.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.pdf
  • 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; 47
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238221A1.html
  • Missouri ) FRN 0003-2285-90 St. Louis, Missouri NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 11, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that New Life Evangelistic Center, Inc., licensee of FM broadcast station KBIY in Van Buren, Missouri, willfully and repeatedly violated Sections 73.1125 and 73.3527 of the Commission's Rules (``Rules'')1 by operating KBIY without a main studio, by failing to make the public file available to the public during regular business hours and failing to retain all required materials in the public file. We conclude that New Life Evangelistic Center, Inc. is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238254A1.html
  • OF APPARENT LIABILITY FOR FORFEITURE Released: September 18, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find American Family Association (``American''), licensee of radio station KAUF, Kennett, Missouri, apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000) for willful violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7) and 73.3527(e)(8) of the Commission's Rules (``Rules'').1 Specifically, we find American apparently liable for failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain all required items in the station's public inspection file. II. BACKGROUND 2. On July 17, 2002, an agent from the Commission's Kansas City Field Office inspected FM station KAUF located in Kennett,
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238276A1.html
  • ) ) ) Television Station KWBN ) Ho'ona'auao Community TV, Inc ) ) ) Honolulu, Hawaii ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 16, 2001 By the Enforcement Bureau, Honolulu Resident Agent Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ho'ona'auao Community TV, Inc (HCTV) has apparently willfully violated Section 73.3527(c)(1) of the FCC Rules and Regulations (``Rules''), 47 C.F.R. Section 73.3527(c)(1) by repeatedly failing to make the KWBN public inspection file available for inspection during regular business hours. We conclude that HCTV is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On November 16, 2000, Agents of the FCC's Honolulu Resident Agent
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-237789A1.html
  • OF APPARENT LIABILITY FOR FORFEITURE Released: April 18, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Lebanon Educational Broadcasting Foundation (``Lebanon''), licensee of radio station KTTK, Lebanon, Missouri, apparently liable for a forfeiture in the amount of four thousand dollars ($4,000) for willful violation of Section 73.3527(c)(1) of the Commission's Rules (``Rules'').1 Specifically, we find Lebanon apparently liable for failure to make available all required items in the station's public inspection file. II. BACKGROUND 2. On January 30, 2003, an agent from the FCC's Kansas City Field Office inspected FM station KTTK located in Lebanon, Missouri. The station's public file did not contain a contour map, a
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-237791A1.html
  • Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Cornell College, (``Cornell''), licensee of FM radio station KRNL-FM, Mt. Vernon, Iowa, apparently liable for forfeiture in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 73.1350(b)(2) of the Commission's Rules (``Rules'') and willful violation of Section 73.3527(c) of the Rules.1 Specifically, we find Cornell College apparently liable for failing to maintain transmitter control and failing to make available the station's public inspection file. II. BACKGROUND 2. On March 18, 2003, an agent from the FCC Enforcement Bureau's Kansas City Office conducted an inspection of KRNL-FM. At the time of inspection, the agent found no one at the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-242819A1.html
  • LIABILITY FOR FORFEITURE Released: December 19, 2003 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Paulino Bernal Evangelism, Inc. (``PAULINO''), licensee of radio station KBRN, Boerne, Texas, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 73.1125, 11.35(a), and 73.3527(c)(1) of the Commission's Rules (``Rules''). Specifically, we find PAULINO apparently liable for failure to maintain a main studio in the community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the times the station was in operation, and failure to make available a public inspection file. II. BACKGROUND 2. On October 28, 2003 an agent
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-243469A1.html
  • 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.e. 47 C.F.R. 73.3527(c): ``Local public inspection file of noncommercial educational 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-244165A1.html
  • Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find The Moody Bible Institute of Chicago (``Moody''), licensee of radio station KMDY, Keokuk, Iowa, apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000.00) for willful and repeated violation of Section 73.1125(a) of the Commission's Rules (``Rules'') and willful violation of Section 73.3527(c) of the Rules.1 Specifically, we find The Moody Bible Institute of Chicago apparently liable for failing to maintain full time management presence at its main studio and failing to make available a complete public inspection file. II. BACKGROUND 2. On June 23, 2003, an agent from the FCC, Enforcement Bureau, Kansas City Office (``Kansas City Office''), inspected the main studio
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-249193A1.html
  • 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...'' On February 18, 2004, a review of the EAS logs indicated there were repetitive violations which continued through the time of the inspection with no apparent corrective action. 2)d. 47 C.F.R. 73.3527(c)(1): The station's public inspection file shall be available for public inspection at any time during regular business hours. On February 18, 2004, the following required items of the public file were not available for inspection: Current copy of Public and Broadcasting, List of Donors supporting specific programs and Issues / Programs lists. 3. Pursuant to Section 308(b) of the Communications
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-252289A1.html
  • FCC and contains instructions 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 immediately available to staff responsible for authenticating messages and initiating actions.'' During the inspection on August 18, 2004, no EAS Handbook was available. 2.c. 47 C.F.R. 73.3527(a)(2) ``Every permittee or licensee of an AM, FM or TV station in the non- commercial educational broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraphs (e)(1) through e(11) of this section.'' During the inspection on August 18, 2004, the public inspection file was not organized in accordance with the categories set
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-253040A1.html
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Mr. Juan Galiano-Rivera, licensee of AM broadcast station WYKO in Sabana Grande, Puerto Rico. 2. On September 8, 2004, an agent of the Commission's San Juan Office inspected radio station WYKO, licensed to serve Sabana Grande, Puerto Rico, and observed the following violation: 2)a. 47 C.F.R. 73.3527(c)(1): The station's public inspection file shall be available for public inspection at any time during regular business hours. During the September 8, 2004 inspection, the licensee was unable to make available or locate all of the required documents in the station's public file. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-253694A1.html
  • Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to The Trustees of Norwich University, licensee of radio station WNUB-FM. 2. On Sept. 9, 2004, agents of the Commission's Boston Office inspected radio station WNUB-FM located in Northfield, VT, and observed the following violation: 2.a. 47 C.F.R. 73.3527(e)(8): ``The public file of a non-commercial educational broadcast station shall include entries every three months of programs that have provided the station's most significant treatment of community issues during the preceding three month period.'' During the Sept 9, 2004 inspection, it was determined that the station's public file did not contain these required entries. 3. Pursuant to Section 308(b) of
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-259581A1.html
  • of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Jarad Broadcasting Company of Westhampton (``Jarad''), licensee of radio station WBON, Ronkonkoma, NY. 2. On May 5, 2005, an agent of the Commission's New York Office inspected radio station WBON, located at 3075 Veterans Memorial Highway, Ronkonkoma, New York and observed the following violations: a. 47 C.F.R. 73.3527(e)(3): ``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-267302A1.html
  • Baptist Church ("Long Pond"), licensee of radio station WTBH (FM) and owner of antenna structure 1204141, both located in Chiefland, Florida, apparently willfully and repeatedly violated Section 17.50 of the Commission's Rules ("Rules") by failing to clean and repaint its antenna structure as often as necessary to maintain good visibility. In addition, we find that Long Pond willfully violated Section 73.3527 of the Rules by failing to maintain for public inspection the complete required contents of the station's public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Long Pond is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. On September 13, 2005, agents
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-269023A1.html
  • Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Black Hills State University, licensee of radio station KBHU-FM in Spearfish, South Dakota. 2. On May 18, 2006, an agent of the Enforcement Bureau's Denver Office inspected station KBHU-FM located in Spearfish, South Dakota, and observed the following violations concerning KHBU-FM's public inspection file: a. 47 C.F.R. S 73.3527(e)(3): "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)." At the time of inspection, KBHU-FM's public file contained no contour maps. b. 47 C.F.R. S 73.3527(e)(4):
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-279189A1.html
  • of FM radio station WYGG in Asbury Park, New Jersey, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules ("Rules), by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that MBHD is apparently liable for forfeiture in the amount of twenty-five thousand dollars ($25,000). We also admonish MBHD for failing to post its station license, failing to maintain a station log, and failing
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-281352A1.html
  • 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Brookdale Community College, licensee of radio station WBJB-FM in Lyncroft, New Jersey. 2. On March 19, 2008, agents of the Enforcement Bureau's New York Office inspected station WBJB-FM located in Lyncroft, New Jersey, and observed the following violations: a. 47 C.F.R. S: 73.3527(e)(1): The material to be retained in the public inspection file includes "[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." At the time of inspection, WBJB-FM's public inspection file did not contain the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-282593A1.html
  • ID # 85165 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 19, 2008 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 Friendship Communications, Inc. ("Friendship"), licensee of non-commercial station KWOF-FM, in Hiawatha, Iowa, apparently willfully and repeatedly violated Section 73.3527 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 Friendship is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On March 12, 2008, in response to a complaint,
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-282962A1.html
  • FCC during the station's business hours, or at any time it is in operation." The agents attempted to inspect the KSUA main studio, situated on the second floor of the Butrovich Building, located on the University of Alaska's Fairbanks campus. The agents were unable to inspect the station because there was no staff at the studio. b. 47 C.F.R. S: 73.3527(c)(1): "The [public inspection] file shall be available for public inspection at any time during regular business hours." At the time of the attempted inspection, the public inspection file was not accessible to the public because there was no staff at the KSUA main studio. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended, and Section 1.89
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-286792A1.html
  • specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the reception of the weekly tests from primary entry point WABC, 770 KHz, for the period from October 1, 2008 through October 18, 2008. The broadcast station records contained no reasons why weekly tests were not received. b. 47 C.F.R. S: 73.3527(e)(2): 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. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Newark Public Radio Inc.,
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-293167A1.html
  • if such commission or omission is continuous, for more than one day." 47 C.F.R. S: 73.3526(a)(2). See 47 C.F.R. S:S: 73.3526(b) and (c)(1). 47 C.F.R. S: 73.3526(e)(12). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S:1.80. 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 47 C.F.R. S: 73.3527. See 47 C.F.R. S: 1.1914. Federal Communications Commission 4 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293167A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293167A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-293694A1.html
  • ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Foundation For Creative Broadcasting, Inc. ("FFCB"), licensee of Non- Commercial FM Broadcast radio station KXCI, Tucson, Arizona. 2. On September 3, 2009, agents of the Enforcement Bureau's San Diego Office inspected KXCI, located at 220 S. 4th Ave, Tucson, Arizona, and observed the following violation: a. 47 C.F.R. S: 73.3527(e)(8)(i): "For nonexempt noncommercial educational radio 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-295387A1.html
  • is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Westchester Community College ("College"), licensee of radio station WARY in Valhalla, New York. 2. On September 28, 2009, an agent of the Enforcement Bureau's New York Office inspected station WARY located in Valhalla, New York, and observed the following violations: a. 47 C.F.R. S: 73.3527 (e)(1): "A copy of the current FCC authorization to construct or operate the station, as well as any other document necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be until replaced by a new authorization, at which time a copy of the new authorization and any related materials
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-295639A1.html
  • College District, licensee of Non-Commercial AM Broadcast radio station KKSM, Oceanside, CA. This Notice may be combined with a further action, if further action is warranted. 2. On October 28, 2009, an agents of the Enforcement Bureau's San Diego Office inspected KKSM, located at 1140 W. Mission Road, San Marcos, CA, and observed the following violations: a. 47 C.F.R. S: 73.3527(e)(8)(i): "For nonexempt noncommercial educational radio 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-295640A1.html
  • 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, the agents found that there was no record that EAS equipment was receiving the second designated local primary (LP-2) radio station KLSD, 1360 kHz, San Diego, CA. c. 47 C.F.R. S: 73.3527(e)(8)(i): "For nonexempt noncommercial educational radio 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-295906A1.html
  • to September 28, 2009, with the exception of one entry for a test received on September 21, 2009. Moreover, the station records contained no entries for monthly tests received or retransmitted for the period between July 1, 2009 and September 28, 2009. The broadcast station records contained no reasons why tests were not sent or received. b. 47 C.F.R. S: 73.3527(e)(7): "At all times, a copy of the most recent version of the manual entitled The Public and Broadcasting." At the time of inspection, WOSS's public file contained no copy of The Public and Broadcasting. c. 47 C.F.R. S: 73.3527(e)(8): "For non-exempt noncommercial educational broadcast stations, every three months a list of programs that have provided the station's most significant treatment
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-297148A1.html
  • not have the capability to terminate operations of the WTKC transmitter within 3 minutes. The personnel designated by the licensee to control the transmitter must have the capability to turn the transmitter off at all times, or include an alternate method of taking control of the transmitter which can terminate the station's operation within 3 minutes. b. 47 C.F.R. S: 73.3527(e)(8)(i): "For nonexempt noncommercial educational radio 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-297583A1.html
  • Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to California Polytechnic State University, licensee of radio station KCPR. 2. On February 25, 2010, an agent of the Enforcement Bureau's Los Angeles Office inspected radio station KCPR located at San Luis Obispo, and observed the following violations: a. 47 C.F.R. S: 73.3527(e)(3): A station must retain in its public inspection file: "a copy of any service contour maps..." At the time of the inspection, the contour map was no longer accurate based on a recent move of the transmitter. b. 47 C.F.R. S: 73.3527(e)(4): A station must retain in its public inspection file: "A copy of the most recent, complete ownership report
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-302526A1.html
  • the Commission's Rules to Nyack College ("Nyack"), licensee of radio station WNYK in Nanuet, New York. This Notice may be combined with a further action, if further action is warranted. 2. On April 16 2010, an agent of the Enforcement Bureau's New York Office inspected station WNYK located in Nyack, New York, and observed the following violation: 47 C.F.R. S: 73.3527(e)(8)(i): "Issue/programs lists. For non-exempt noncommercial educational 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 months period. The list for each calendar quarter...." During the inspection, the agent found that the public inspection file was missing the issues/program lists for 3rd and 4th Quarter 2009
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-303811A1.html
  • 11.54(b)(13)." A review of the station's EAS logs revealed that monthly tests were not received and retransmitted during July, October, and November. No weekly tests were received or transmitted during October. There were no entries in the station log indicating the reason why the required monthly tests and required weekly tests were not received or transmitted. c. 47 C.F.R. S: 73.3527(d)(8)(i): "Issues/programs lists. For non-exempt noncommercial educational radio 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-304480A1.html
  • ("Notice") issued pursuant to section 1.89 of the Commission's Rules to Puerto Rico Broadcasting Corp., licensee of educational digital television station WIPR-TV, San Juan, PR. 2. On April 13, 2010, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected television station WIPR located in San Juan, Puerto Rico, and observed the following violation(s): 47 C.F.R. S: 73.3527(a)(2): "Responsibility to maintain a file. The following shall maintain for public inspection a file containing the material set forth in this section. ... (2) Every permittee or licensee of an AM, FM, or TV station in the noncommercial educational broadcast services shall maintain a public inspection file..." At the time of inspection, there was no public inspection file for WIPR-TV.
• http://www.fcc.gov/eb/Orders/2001/da011746.doc http://www.fcc.gov/eb/Orders/2001/da011746.html
  • Inc. ) File No. EB-01-HL-034 Licensee of KWBN-TV ) Honolulu, Hawaii ) NAL/Acct. No. 200132860002 ) FORFEITURE ORDER Adopted: July 20, 2001 Released: July 23, 2001 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) against Ho'ona'auao Community TV, Inc. (``HCTV'') for willful violation of Section 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted violation involves HCTV's failure to make station KWBN-TV's public inspection file available for inspection during normal business hours. On March 16, 2001, the Commission's Honolulu, Hawaii Resident Agent Office released a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to HCTV. HCTV has not filed a
• http://www.fcc.gov/eb/Orders/2001/da012831.html http://www.fcc.gov/eb/Orders/2001/da012831.pdf
  • Order, we admonish Isothermal Community College (``Isothermal''), licensee of noncommercial educational station WNCW(FM), Spindale, North Carolina, for broadcasting advertisements in violation of Section 399B of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. 399b, and Section 73.503 of the Commission's rules, 47 C.F.R. 73.503, and for failing to properly maintain its public file in violation of Section 73.3527 of the Commission's rules, 47 C.F.R. 73.3527. 2. We have carefully reviewed the record, including the complaints and Isothermal's responses, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions, as well as the public file rule. While we believe that no monetary sanction is warranted at this time, we find that an admonishment is
• http://www.fcc.gov/eb/Orders/2001/da012937.html http://www.fcc.gov/eb/Orders/2001/da012937.pdf
  • MEMORANDUM OPINION AND ORDER Adopted: December 20, 2001 Released: December 21, 2001 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we deny a petition for reconsideration1 filed by Ho'ona'auao Community TV, Inc. (``HCTV''), licensee of Station KWBN-TV, Honolulu, Hawaii, of a Forfeiture Order2 which issued a $10,000 forfeiture against HCTV for willful violation of Section 73.3527(c)(1) of the Commission's Rules (``Rules'').3 The noted violation involved HCTV's failure to make Station KWBN-TV's public inspection file available during normal business hours. 2. In its petition for reconsideration, HCTV does not dispute that a violation of Section 73.3527(c)(1) of the Rules occurred. Rather, HCTV requests that the Forfeiture Order be vacated or redirected to HCTV's former controlling directors. HCTV
• http://www.fcc.gov/eb/Orders/2002/DA-02-3083A1.html
  • reconsideration of our December 6, 2001, Admonishment Order. That decision, in response to complaints, admonished Isothermal Community College (``Isothermal''), licensee of the captioned noncommercial radio station, for violating 47 U.S.C. 399b and 47 C.F.R. 73.503, which prohibit the broadcast of paid advertisements in the noncommercial service, and for failing to properly maintain its public file as required by 47 C.F.R. 73.3527. The joint petitioners argue that certain dicta in that Order, contained in Paragraph 9, should be modified or reversed. Isothermal, the station's licensee, did not participate in the joint petition or file a separate petition for reconsideration or application for review. III. DISCUSSION 3. Joint petitioners have not demonstrated that their ``interests are adversely affected'' by the Order, as required
• http://www.fcc.gov/eb/Orders/2003/DA-03-2664A1.html
  • August 14, 2003 Released: August 18, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel a proposed monetary forfeiture in the amount of nine thousand dollars ($9,000), issued to American Family Association, Inc., (``AFA'') licensee of Radio Station KAUF-FM (``Station KAUF''), in Kennett, Missouri, for apparent willful violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8) of the Commission's Rules ("Rules").1 The noted violations involve AFA's failure to have operational Emergency Alert System (``EAS'') equipment and failure to maintain all required items in the public inspection file (``public file''). While we cancel the proposed forfeiture, we admonish AFA for the public file violations. 2. On September 23, 2002, the District Director of the
• http://www.fcc.gov/eb/Orders/2003/DA-03-3638A1.html
  • The Commission received complaints that Isothermal broadcast an on-air raffle on WNCW(FM) during the period April 2 through 8, 2002, that failed to make clear that consideration was not required to participate in the contest and otherwise refrained from airing the contest's rules, in violation of the licensee-conducted contest rule.2 One complainant further alleged that Isothermal has violated 47 C.F.R. 73.3527(e)(9) regarding the maintenance of WNCW(FM)'s public file's donor lists. Specifically, he claimed that, during his April 18, 2002, visit to the station, the public file's donor list was incomplete because it included information current only through January 10, 2002.3 One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic
• http://www.fcc.gov/eb/Orders/2003/DA-03-441A1.html
  • to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated these rules. 8 On September 23, 2002, the Kansas City Office issued an NAL for a $9,000 forfeiture to AFA for violations of Sections 11.35(a) (failure to maintain operational EAS equipment) and 73.3527(e) (failure to maintain all required items in the station's public file) at KAUF-FM. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232560027 (Enf. Bur., released September 23, 2002). In its response to the NAL, AFA disputes that it violated the EAS rule, but admits that it violated the public inspection file rule. We do not rely on the NAL here,
• http://www.fcc.gov/eb/Orders/2003/DOC-241846A2.html
  • The Commission received complaints that Isothermal broadcast an on-air raffle on WNCW(FM) during the period April 2 through 8, 2002, that failed to make clear that consideration was not required to participate in the contest and otherwise refrained from airing the contest's rules, in violation of the licensee-conducted contest rule.2 One complainant further alleged that Isothermal has violated 47 C.F.R. 73.3527(e)(9) regarding the maintenance of WNCW(FM)'s public file's donor lists. Specifically, he claimed that, during his April 18, 2002, visit to the station, the public file's donor list was incomplete because it included information current only through January 10, 2002.3 One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic
• http://www.fcc.gov/eb/Orders/2004/DA-04-2387A1.html
  • thousand dollars ($13,000) issued to Cornell College (``Cornell''), the licensee of noncommercial educational FM Station KRNL, Mt. Vernon, Iowa. We find that Cornell failed to maintain control of the station's transmitter in apparent willful and repeated violation of Section 73.1350(b)(2) of the Commission's Rules (``Rules'') and failed to make available the station's public file in apparent willful violation of Section 73.3527(c) of the Rules.1 While we cancel the forfeiture based primarily upon the financial hardship that would result, we admonish Cornell for its violations of Sections 73.1350(b)(2) and 73.3527(c) of the Rules. II. BACKGROUND 2. On March 18, 2003, an agent from the Commission's Kansas City Office (``Kansas City Office'') conducted an inspection of Station KRNL-FM. The station's transmitter site was
• http://www.fcc.gov/eb/Orders/2004/DA-04-3264A1.html
  • FORFEITURE ORDER Adopted: October 14, 2004 Released: October 19, 2004 By the Assistant Bureau Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a forfeiture in the amount of twenty-five thousand dollars ($25,000) to Paulino Bernal Evangelism (``Paulino''), licensee of radio broadcast station KBRN(AM), Boerne, Texas, for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules (``Rules'').1 The noted rule violations involve its failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the hours of station operation, and failure to make available a public inspection file. 2. In a December 19, 2003 Notice of Apparent Liability for Forfeiture
• http://www.fcc.gov/eb/Orders/2004/DA-04-3417A1.html
  • ORDER Adopted: October 27, 2004 Released: October 29, 2004 By the Assistant Chief, 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 Lebanon Educational Broadcasting Foundation (``Lebanon''), licensee of noncommercial Station KTTK(FM), Lebanon, Missouri, for its willful violation of the public file requirements of Section 73.3527(c)(1) of the Commission's Rules (``Rules'').1 II. BACKGROUND 2. On January 30, 2003, an agent from the Commission's Kansas City, Missouri Field Office (``Field Office'') inspected Station KTTK's facilities, and observed that certain documents (the station's contour map and issues/programs list, and copy of the ``Public and Broadcasting'' manual) were missing from the station's public files and thus not made available
• http://www.fcc.gov/eb/Orders/2004/DA-04-3991A1.html
  • 0006-7913-54 Keokuk, Iowa ) Chicago, Illinois FORFEITURE ORDER Adopted: December 21, 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 five thousand dollars ($5,000) to The Moody Bible Institute of Chicago (``Moody''), licensee of station KMDY-FM, for willful violation of Section 73.3527(c) of the Commission's Rules (``Rules'').1 The noted violation involves Moody's failure to make available a complete public inspection file for station KMDY-FM during normal business hours. 2.On February 13, 2004, the Commission's Kansas City, Missouri Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 to Moody for a forfeiture in the amount of ten thousand dollars
• http://www.fcc.gov/eb/Orders/2006/DA-06-1665A1.html
  • Memorandum Opinion and Order ("Order"), we deny a petition for reconsideration filed by Paulino Bernal Evangelism ("Evangelism"), former licensee of AM broadcast station KBRN, Boerne, Texas. Evangelism filed for reconsideration of a Bureau Forfeiture Order issued to Evangelism on October 19, 2004, in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules ("Rules"). The noted rule violations involve Evangelism's failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System ("EAS") equipment during the hours of station operation, and failure to make the station's public inspection file available. II. BACKGROUND 2. On October 28, 2003, an agent from the
• http://www.fcc.gov/eb/Orders/2006/DA-06-2290A1.html
  • ) FRN 0008-1031-37 Facility ID No. 122010 ) ) ORDER Adopted: November 8, 2006 Released: November 13, 2006 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. By this Order ("Order"), we cancel the proposed four thousand dollar ($4,000) forfeiture issued to CSN International, licensee of WYJC(FM), Tallahassee, Florida ("CSN") for the apparent willful violation of Section 73.3527 of the Commission's Rules. We also admonish CSN for failing to make available a complete public inspection file. II. BACKGROUND 2. On April 6, 2006, agents from the Commission's Tampa Office of the Enforcement Bureau ("Tampa Office") conducted an inspection of station WYJC located in Tallahassee, Florida. During regular business hours, the agents requested to inspect the station's public inspection
• http://www.fcc.gov/eb/Orders/2006/DA-06-326A1.html
  • part a Petition for Reconsideration filed by Lebanon Educational Broadcasting Foundation (``Lebanon''), Licensee of Noncommercial Station KTTK(FM), Lebanon, Missouri. Lebanon seeks reconsideration of a Forfeiture Order1 in which the Assistant Chief, Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of four thousand dollars ($4,000) for willful violation of the public inspection file requirements of Section 73.3527(c)(1) of the Commission's Rules (``Rules'').2 The noted violation involves Lebanon's failure to make available for inspection all required items in the station's public inspection file during regular business hours. For the reasons discussed below, we find that a further reduction of the forfeiture amount from $4,000 to three thousand two hundred dollars ($3,200) is warranted. II. BACKGROUND 2. On January
• http://www.fcc.gov/eb/Orders/2007/DA-07-1073A1.html
  • I.D. No. 23324 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 7, 2007 Released: March 7, 2007 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Gaston College, licensee of Noncommercial Educational Station WSGE(FM), Dallas, North Carolina (the "Station"), willfully and repeatedly violated Section 73.3527 of the Commission's rules relating to a noncommercial licensee's obligation to properly maintain and make available a public inspection file. For the following reasons, we conclude that Gaston College is apparently liable for the base forfeiture amount of $10,000. II. BACKGROUND 2. On March 7, 2005, the Commission received a complaint (the "Complaint") from J. Davidson Morrison (the "Complainant"), who
• http://www.fcc.gov/eb/Orders/2007/DA-07-2658A1.html
  • Radio also argues that the forfeiture amount should be reduced consistent with the Media Bureau's decision in Trustees of Davidson College, in which a $9,000 forfeiture concerning three years of missing issues/programs lists was reduced to $1,000. The Davidson College case is not dispositive in this case. We first note that the Davidson College case involved a violation of Section 73.3527 of the Rules, and the violation was self-reported by the licensee. Additionally, the Media Bureau concluded that the missing issues/programs lists were missing for eight months, rather than for three years. In the present case, the violations were discovered by a Seattle agent during an inspection of the licensee's public inspection file. In similar situations, we have proposed and imposed
• http://www.fcc.gov/eb/Orders/2007/DA-07-2659A1.html
  • Radio also argues that the forfeiture amount should be reduced consistent with the Media Bureau's decision in Trustees of Davidson College, in which a $9,000 forfeiture concerning three years of missing issues/programs lists was reduced to $1,000. The Davidson College case is not dispositive in this case. We first note that the Davidson College case involved a violation of Section 73.3527 of the Rules and the violation was self-reported by the licensee. Additionally, the Media Bureau concluded that the missing issues/programs lists were missing for eight months, rather than for three years. In the present case, the violations were discovered by a Seattle agent during an inspection of the licensee's public inspection file. In similar situations, we have proposed and imposed
• http://www.fcc.gov/eb/Orders/2007/DA-07-3099A1.html
  • ) FORFEITURE ORDER Adopted: July 10, 2007 Released: July 12, 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 Brenau University Network ("Brenau"), licensee of FM radio station WBCX, in Gainesville, Georgia, for willful and repeated violation of Section 73.3527 of the Commission's Rules ("Rules"). The noted violation involves Brenau's failure to make available and maintain a complete public inspection file. 2. On May 2, 2007, the Commission's Atlanta Office of the Enforcement Bureau ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Brenau. Brenau has not filed a response to the
• http://www.fcc.gov/eb/Orders/2007/DA-07-502A1.html
  • 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eleven thousand two hundred dollars ($11,200) to Long Pond Baptist Church ("Long Pond"), licensee of radio station WTBH (FM) and owner of antenna structure # 1204141, for willful and repeated violation of Section 17.50 of the Commission's Rules ("Rules") and for willful violation of Section 73.3527 of the Rules. The noted violations involve Long Pond's failure to clean and repaint its antenna structure as often as necessary to maintain good visibility and its failure to maintain for public inspection the complete required contents of the station's public inspection file. II. BACKGROUND 2. On September 13, 2005, agents of the Enforcement Bureau's Tampa Office conducted an inspection
• http://www.fcc.gov/eb/Orders/2008/DA-08-1706A1.html
  • FORFEITURE ORDER Adopted: July 21, 2008 Released: July 23, 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 four thousand dollars ($4,000) to Friendship Communications, Inc. ("Friendship"), licensee of non-commercial station KWOF-FM, in Hiawatha, Iowa, for willful and repeated violation of Section 73.3527 of the Commission's Rules ("Rules"). The noted violation involves Friendship's failure to maintain and make available a complete public inspection file. II. BACKGROUND 2. On March 12, 2008, in response to a complaint, an agent from the Commission's Kansas City Office of the Enforcement Bureau ("Kansas City Office") requested to inspect station KWOF-FM's public inspection file at its main studio
• http://www.fcc.gov/eb/Orders/2010/DA-10-153A1.html
  • Facility I.D. No. 23324 Carolina ) ) FORFEITURE ORDER Adopted: January 29, 2010 Released: January 29, 2010 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("FO"), we assess a monetary forfeiture in the amount of $8,000 against Gaston College, licensee of Noncommercial Educational Station WSGE(FM), Dallas, North Carolina (the "Station"), for willfully and repeatedly violating Section 73.3527 of the Commission's rules relating to a noncommercial licensee's obligation to properly maintain and make available a public inspection file. II. BACKGROUND 2. As discussed in detail in the Notice of Apparent Liability for Forfeiture ("NAL") issued in this case, the Commission received a complaint alleging that on March 7, 2005, the licensee, Gaston College, failed to make available for
• http://www.fcc.gov/eb/Orders/2011/DA-11-1755A1.html
  • find that R.J.'s Late Night Entertainment Corporation ("R.J."), licensee of Non-Commercial Educational ("NCE") Class D Station WHPR-FM, in Highland Park, Michigan (the "Station"), apparently willfully and repeatedly violated: (1) section 11.35(a) of the Commission's Rules ("Rules") by failing to maintain operational EAS equipment; (2) section 73.1690(b)(2) of the Rules for moving the Station's transmitter without Commission authorization; and (3) section 73.3527(b)(1) of the Rules by failing to maintain and make available a local public inspection file. We conclude that R.J. is apparently liable for a forfeiture in the amount of twenty-two thousand dollars ($22,000). We further direct R.J. to submit a written statement signed under penalty of perjury stating that Station WHPR-FM is now in compliance with sections 11.35(a) and 73.3527(b)(1)
• http://www.fcc.gov/eb/Orders/2011/DA-11-216A1.html
  • FOR FORFEITURE Adopted: February 4, 2011 Released: February 8, 2011 By the District Director, Los Angeles District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Community Television of Southern California, Licensee of Noncommercial Educational TV Station KCET, Los Angeles, California ("Community Television"), apparently willfully and repeatedly violated Section 73.3527(c) of the Commission's rules ("Rules") by failing to make available the Station KCET public inspection file. We conclude that Community Television is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On August 19, 2010, an agent from the Enforcement Bureau's Los Angeles District Office visited Station KCET's main studio at 4401 Sunset
• http://www.fcc.gov/eb/Orders/2012/DA-12-608A1.html
  • and Order, 45 FCC 2d 662 (1974) (licensee responsible for compliance with Commission radiotelephone operator rules despite transfer of control of stock of the licensee subsequent to the violations)). EZ Sacramento, Memorandum Opinion and Order, 16 FCC Rcd 4958, 4959 (2001) (licensee liable for violations concerning broadcast of telephone conversations despite intervening transfer of control). Mapleton incorrectly cites to Section 73.3527(d)(1), the rule applicable to maintenance of the public inspection file for non-commercial educational stations involved in an assignment of the license, to support its contention that it is not responsible for maintaining the public inspection file from the commencement of the license term. Response at 2. The correct rule applicable to a commercial station involved with a transfer of control
• http://www.fcc.gov/eb/Orders/2012/DA-12-685A1.html
  • 2012 Released: May 2, 2012 By the Regional Director, Northeast Region, Enforcement Bureau: 1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of twenty-two thousand dollars ($22,000) to R.J.'s Late Night Entertainment Corporation (R.J.), licensee of Non-Commercial Educational Class D Station WHPR-FM, Highland Park, Michigan (Station), for willfully and repeatedly violating Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. The noted violations involved R.J.'s failure to maintain operational EAS equipment, relocation of the Station's transmitter without authorization, and failure to maintain and make available the Station's local public inspection file. 2. On October 24, 2011, the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to
• http://www.fcc.gov/eb/Orders/da00561.doc http://www.fcc.gov/eb/Orders/da00561.txt
  • Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against American Broadcasting Educational Foundation (``ABEF''). We conclude that ABEF willfully and repeatedly violated Section 73.1125 of the Commission's rules by not maintaining adequate staffing at the main studio for station KYCM(FM), Bastrop, Texas. We further conclude that ABEF willfully and repeatedly violated Section 73.3527 of the Commission's rules by not maintaining its local public inspection file for KYCM(FM) at the station's main studio. However, after considering all of the facts and circumstances, we have determined that a forfeiture for the latter rule violation is unnecessary. BACKGROUND 2. Following disposition of a petition to deny an application to assign the permit for KYCM(FM) (File No.
• http://www.fcc.gov/eb/Public_Notices/DA-02-1238A1.html
  • Makefield Fire Co., Yardley, PA. Philadelphia, PA District Office (4/25/02). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * Monroe County Board of Education, WHFI, Lindside, WV. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (4/2/02). * Miracle Radio, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 17.4(g) (Posting of Antenna Structure Registration Number). Tampa, FL District Office (4/10/02). * Vernon Watson, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operator). Tampa, FL
• http://www.fcc.gov/eb/Public_Notices/DA-02-2037A1.html
  • $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. Kansas City, MO District Office (7/12/02). * 47 C.F.R. 73.1350 Transmission System Operation * Farnell OQuinn, WUFF, Eastman, GA. $4,000 NAL. Atlanta, GA District Office (7/8/02). 47 C.F.R. Part 95 Personal Radio Services * 47 C.F.R. 95.411 --
• http://www.fcc.gov/eb/Public_Notices/DA-02-2978A1.html
  • C.F.R. 17.21 (Painting and Lighting, When Required), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). Seattle, WA District Office (9/27/02). 47 C.F.R. Part 11 Emergency Alert System Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * American Family Association, KAUF, Tupelo, MS. $9,000 NAL. Other violations: 47 C.F.R. 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (9/28/02). * Southern Media Communications, Inc., Bay Minnette, AL. $11,000 NAL. Other violation: 47 C.F.R. 17.4(a) (Antenna Structure Registration). Atlanta, GA 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
• http://www.fcc.gov/eb/Public_Notices/DA-02-402A1.html
  • Mega Communications, Silver Spring, MD. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (1/22/02). * 47 C.F.R. 11.61 Tests of EAS Procedures * Quality Broadcasting Corp., Delray Beach, FL. Tampa, FL District Office (1/16/02). * Morgan State College, WEAA, Baltimore, MD. Other violations: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (1/22/02). 47 C.F.R. Part 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Truth Broadcasting Corp., Winston-Salem, NC. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting), 17.51 (Time When Lights Should Be Exhibited), 73.49 (AM Transmission System Fencing Requirements), 73.1125 (Station
• http://www.fcc.gov/eb/Public_Notices/DA-02-929A1.html
  • Columbia, MD District Office (3/29/02). * West Virginia University Board of Governors, WWVU, Morgantown, WV. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness) and 73.1870 (Chief Operator). Columbia, MD District Office (3/29/02). * 47 C.F.R. 11.35 Equipment Operational Readiness * The Regents of the University of California, KUCR(FM), Riverside, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). San Diego, CA District Office (3/7/02). * Infinity Broadcasting, Inc., Pittsburgh, PA. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (3/7/02). * Chowder Broadcasting Group, LLC., WORC, Worchester, MA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.62
• http://www.fcc.gov/eb/Public_Notices/da001311.doc http://www.fcc.gov/eb/Public_Notices/da001311.html
  • also issued for violation of 47 C.F.R. �� 11.21 (State and Local Area Plans and FCC Mapbook), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures). New York, NY Office (5/25/00). 47 C .F.R. � 11.21 (State and Local Area Plans and FCC Mapbook) University of Alaska. NOV also issued for violation of 47 C.F.R. � 73.3527 (Public Inspection File). Anchorage, AK (5/18/00). 47 C.F.R. � 11.32 (EAS Encoder) Mainstreet Broadcasting Company, Inc., Walsenburg, CO. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operational Readiness) and 11.52 (EAS Code and Attention Signal Monitoring Requirements). Denver, CO Office (5/3/00). 47 C.F.R. � 11.35 (Equipment Operational Readiness) AT&T Broadband & Internet Services, Waukegan, IL. NOV also
• http://www.fcc.gov/eb/Public_Notices/da001683.doc http://www.fcc.gov/eb/Public_Notices/da001683.html
  • (6/12/00). St. George Broadcasting LLC, Michigan City, Indiana, WIMS. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/12/00). University of AK, on Behalf of University of AK, Fairbanks, KSUA(FM), Fairbanks, AK. Other violations: 47 C.F.R. �� 73.1230 (Posting of Station License), 73.1870 (Chief Operators), and 73.3527 (Public Inspection File for Noncommercial Educational Stations). Anchorage, AK Resident Agent Office (6/13/00). AT&T Cable Services, Denver, CO. Other violations: 47 C.F.R. �� 11.51 (eas Code and Attention Signal Transmission Requirements), 76.605 (Cable Signal Leakage), and 76.615 (Notification Requirements). Denver, CO District Office (6/16/00). AT&T Internet and Broadband Services, Springfield, IL. Other violation: 47 C.F.R. � 11.61 (Tests of EAS
• http://www.fcc.gov/eb/Public_Notices/da002136.doc http://www.fcc.gov/eb/Public_Notices/da002136.html
  • RI. Other violation:. 47 C.F.R. � 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (8/30/00). 47 C.F.R. � 73.1870 - Chief Operators Concord Broadcasting L.L.C., WOTX-FM, Concord, NH. Other violation: 47 CFR � 73.3526 (Local Public Inspection File For Commercial Stations). Boston, MA District Office (8/4/00). Ozark Christian College, Joplin, MO. Other violation: 47 C.F.R. � 73.3527 (Local Public Inspection File for Non-Commercial Stations). Kansas City, MO District Office (8/30/00). 47 C.F.R. Part 76 - Multichannel Video and Cable Television Service 47 C.F.R. � 76.305 - Records to be Maintained Locally By Cable System Operators for Public Inspection Adelphia Cable Television, Las Vegas, New Mexico. Other violation: 47 C.F.R. � 76.605(a)(12) (Technical Standards). Denver, CO District Office
• http://www.fcc.gov/eb/Public_Notices/da002408.doc http://www.fcc.gov/eb/Public_Notices/da002408.html
  • Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. � 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. � 11.35 - Equipment Operations Readiness Tri-State Broadcasters, Inc., WTSA, Brattleboro,
• http://www.fcc.gov/eb/Public_Notices/da002635.doc http://www.fcc.gov/eb/Public_Notices/da002635.html
  • 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 (Local Public Inspection File For Noncommercial Broadcast Stations). Boston, MA District Office (10/10/00). Pollack Broadcasting Company, Cordova, TN. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Monitoring Requirements), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operators),
• http://www.fcc.gov/eb/Public_Notices/da002855.doc http://www.fcc.gov/eb/Public_Notices/da002855.html
  • Inspection File of Commercial Stations). Detroit, MI District Office (11/24/00). Stepchild Radio of Cincinnati, Inc., Cincinnati, OH. Other violations: 47 C.F.R. �� 73.267 (Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances) 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation), 73.1820 (Station Log), 73.1870 (Chief Opeator), 73.3527 (Local Public Inspection File for Noncommercial Educational Stations) and Terms of the Station Authorization. Detroit, MI District Office (11/24/00). RJ's Late Night Entertain. Corp., Highland Park, MI. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances),
• http://www.fcc.gov/eb/Public_Notices/da011019.doc http://www.fcc.gov/eb/Public_Notices/da011019.html
  • 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 Services 47 C.F.R. � 73.3527 - Local Public Inspection File for Noncommercial Educational Stations Ho'ona'auao Community TV, Inc, KWBN, Honolulu, HI. $10,000 NAL. Honolulu, HI Resident Agent Office (3/16/01). 47 C.F.R. Part 80 - Stations in the Maritime Services 47 C.F.R. � 80.953 - Inspection and Certification Shepler's Inc, Mackinaw City, MI. $2,200 NAL. Detroit, MI District Office (3/27/01). NOTICES OF VIOLATION 47 C.F.R. Part
• http://www.fcc.gov/eb/Public_Notices/da01102.doc http://www.fcc.gov/eb/Public_Notices/da01102.html
  • PA District Office (12/7/00). Robert Veal, Sacramento, CA. Anchorage, AK Resident Agent Office (12/14/00). 47 C.F.R. � 1.903 - Authorization Required ASTI Transportation Systems, Inc., New Castle, DE, WPKU578. Columbia, MD District Office (12/1/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.15 - EAS Operating Handbook Missouri Valley College, Marshall, MO. Other violation: 47 C.F.R. � 73.3527 (Local Public Inspection File for Noncommercial Educational 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
• http://www.fcc.gov/eb/Public_Notices/da011644.doc http://www.fcc.gov/eb/Public_Notices/da011644.html
  • District Office (5/4/01). Atlantic City Board of Education, Atlantic City, NJ, (WAJM-FM). Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Stations). Philadelphia, PA District Office (5/11/01). Sunflower Cablevision, Lawrence, KS. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 76.305 (Records to be Maintained Locally by Cable System Operators for Public Inspection) and 76.605 (Technical Standards). Kansas City, MO District Office (5/7/01). Adelphia Cable, Yuma, AZ. Other violation: 47 C.F.R. � 11.61 (Tests
• http://www.fcc.gov/eb/Public_Notices/da012273.html http://www.fcc.gov/eb/Public_Notices/da012273.pdf
  • (Tests of EAS Procedures). San Diego, CA District Office (8/22/01). * Yavapai Broadcasting Corp., KVNA (FM), Flagstaff, AZ. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (8/22/01). * The Praise Network, Hays, Kansas. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Stations). Kansas City, MO District Office (8/24/01) * 47 C.F.R. 11.52 EAS Code and Attention Signal Monitoring Requirements * Falcon Cablevision, Inc. d.b.a. Charter Communications, Cedartown, GA. Other violations: 47 C.F.R. 73.1820 (Station Log). Atlanta, GA District Office (8/7/01). * Clark Broadcasting Corp., KKBN, Sonora, CA. Other violation: 47 C.F.R. 73.1820 (Station Log). San
• http://www.fcc.gov/eb/Public_Notices/da012948.html http://www.fcc.gov/eb/Public_Notices/da012948.pdf
  • Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). * School District, Bay City, WCHW-FM, Bay City, MI. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.567 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Boston, MA District Office (11/26/01). * 47 C.F.R. 11.32 EAS Encoder * Twin City Baptist Temple, Inc., WCMX, Lunenburg, MA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1590 (Equipment Performance Measurements) and 73.1870 (Chief Operator). Boston, MA District Office (11/5/01). * Great Lakes Community Broadcasting, Inc., WAAQ,
• http://www.fcc.gov/eb/Public_Notices/da01541.doc http://www.fcc.gov/eb/Public_Notices/da01541.html
  • 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. �� 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements), 73.1820 (Station Log), and 73.1870 (Chief Operator). New Orleans, LA District Office (1/29/01). Don L. Cook, Otterville, MO.
• http://www.fcc.gov/eb/broadcast/pif.html
  • 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 studio. Sections 73.3526 and 73.3527
• http://www.fcc.gov/fcc-bin/audio/DA-01-2831A1.doc http://www.fcc.gov/fcc-bin/audio/DA-01-2831A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-01-2831A1.txt
  • Order, we admonish Isothermal Community College (``Isothermal''), licensee of noncommercial educational station WNCW(FM), Spindale, North Carolina, for broadcasting advertisements in violation of Section 399B of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. �399b, and Section 73.503 of the Commission's rules, 47 C.F.R. �73.503, and for failing to properly maintain its public file in violation of Section 73.3527 of the Commission's rules, 47 C.F.R. �73.3527. 2. We have carefully reviewed the record, including the complaints and Isothermal's responses, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions, as well as the public file rule. While we believe that no monetary sanction is warranted at this time, we find that an admonishment is
• http://www.fcc.gov/fcc-bin/audio/DA-02-3083A1.doc http://www.fcc.gov/fcc-bin/audio/DA-02-3083A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-02-3083A1.txt
  • December 6, 2001, Admonishment Order. That decision, in response to complaints, admonished Isothermal Community College (``Isothermal''), licensee of the captioned noncommercial radio station, for violating 47 U.S.C. � 399b and 47 C.F.R. � 73.503, which prohibit the broadcast of paid advertisements in the noncommercial service, and for failing to properly maintain its public file as required by 47 C.F.R. � 73.3527. The joint petitioners argue that certain dicta in that Order, contained in Paragraph 9, should be modified or reversed. Isothermal, the station's licensee, did not participate in the joint petition or file a separate petition for reconsideration or application for review. III. DISCUSSION 3. Joint petitioners have not demonstrated that their ``interests are adversely affected'' by the Order, as required
• http://www.fcc.gov/fcc-bin/audio/DA-03-441A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-441A1.pdf
  • week to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated these rules. On September 23, 2002, the Kansas City Office issued an NAL for a $9,000 forfeiture to AFA for violations of Sections 11.35(a) (failure to maintain operational EAS equipment) and 73.3527(e) (failure to maintain all required items in the station's public file) at KAUF-FM. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232560027 (Enf. Bur., released September 23, 2002). In its response to the NAL, AFA disputes that it violated the EAS rule, but admits that it violated the public inspection file rule. We do not rely on the NAL here,
• http://www.fcc.gov/fcc-bin/audio/DA-06-1481A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1481A1.pdf
  • copies of items requested in a timely manner. Specifically, Oldfield claims that WJPZ-FM removed requested items from the file and took more than 10 days to fulfill his requests for copies. Oldfield does not specify which items were omitted. In failing to do so, it is unclear if the requested documents were required to be present in the file. Section 73.3527(c) of the Rules specifies that requests for copies shall be fulfilled ``within a reasonable period of time.'' Because it is unclear which documents Oldfield was requesting, or when he requested 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
• http://www.fcc.gov/fcc-bin/audio/DA-06-1501A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1501A1.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 73.3527 of the Rules by failing to retain all required documentation in the WCHC(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 WCHC(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://www.fcc.gov/fcc-bin/audio/DA-06-1502A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1502A1.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 73.3527 of the Rules by failing to retain all required documentation in the WERS(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 WERS(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://www.fcc.gov/fcc-bin/audio/DA-06-1505A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1505A1.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 73.3527 of the Rules by failing to retain all required documentation in the KNBU(FM) public inspection file. Based upon our review of the facts and circumstances before us, we: (1) conclude that, for this violation, the Licensee is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000); (2) admonish the Licensee for providing inaccurate and contradictory
• http://www.fcc.gov/fcc-bin/audio/DA-06-1895A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1895A1.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 73.3527 of the Rules, by failing to retain all required documentation in the WXLV(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 WXLV(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://www.fcc.gov/fcc-bin/audio/DA-06-2344A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2344A1.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, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Sections 73.1943 and 73.3527 of the Rules by failing to retain all required documentation in the WRCJ-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 two thousand dollars ($2,000), and we grant the captioned WRCJ-FM renewal application. II. BACKGROUND Section 73.3527 of
• http://www.fcc.gov/fcc-bin/audio/DA-06-2346A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2346A1.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 73.3527 of the Rules by failing to retain all required documentation in the WDDM(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 WDDM(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://www.fcc.gov/fcc-bin/audio/DA-06-500A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-500A1.pdf
  • submission of required forms, and untimely renewal applications disrupt the orderly processing of renewal applications in accordance with the staggered filing deadlines set forth in Section 73.1020 of the Commission's rules. Section 73.3526 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. As stated above, Boothe argues that McKissick failed to properly maintain a public inspection file for WYNI(AM) in violation of Section 73.3526. In the WYNI(AM) license renewal application, McKissick acknowledges its public file deficiencies. Specifically, McKissick indicated ``No'' to that certification, filing an Exhibit explaining
• http://www.fcc.gov/fcc-bin/audio/DA-06-756A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-756A1.pdf
  • Mr. Ramirez: This letter refers to the captioned application of Bilingual Broadcasting Foundation, Inc. (``BBF'') for renewal of license for non-commercial educational Station KBBF(FM), Santa Rosa, California. For the reasons set forth below, we issue a NOTICE OF APPARENT LIABLILITY FOR 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
• http://www.fcc.gov/fcc-bin/audio/DA-06-758A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-758A1.pdf
  • lack of candor involves concealment, evasion, and other failures to be fully forthcoming. Intent to deceive is a factual question that can be greatly informed by a motive or logical desire to deceive. Section III, Item 3 of the renewal application (FCC Form 303-S) states: Local Public File. Licensee certifies that the documentation, required by 47 C.F.R. Sections 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Licensee responded to this item in the affirmative in each captioned renewal application and attached an ``Exhibit 11,'' described above. A ``No'' response is required to this question when the licensee knows or has a reasonable belief that required material(s) had not been placed in
• http://www.fcc.gov/fcc-bin/audio/DA-07-1249A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1249A1.pdf
  • received by the Commission on December 19, 2006 (the ``Shear Informal Objection''). For the reasons set forth below, we grant in part and deny in all other respects the VSI Petition and we deny the Shear Informal Objection. We also admonish the Licensee for its apparent willful and repeated violation of the public inspection file access requirements contained in Section 73.3527(c) of the Commission's Rules (the ``Rules''), and grant the Application. Background. VSI alleges that the Licensee has: (a) abandoned direct management of the Station; (b) violated the Fairness Doctrine and Section 73.1910 of the Rules by failing to provide reasonable opportunity for the discussion of conflicting points of view on issues of public importance; (c) failed to provide programming relating
• http://www.fcc.gov/fcc-bin/audio/DA-07-124A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-124A1.pdf
  • 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 73.3527 of the Rules by failing to retain all required documentation in the WBOR(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 eleven thousand five hundred dollars ($11,500), and we grant the captioned WBOR(FM) renewal application. BACKGROUND Section 73.3539(a)
• http://www.fcc.gov/fcc-bin/audio/DA-07-1439A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1439A1.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 73.3527 of the Rules, by failing to retain all required documentation in the WDVX(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 WDVX(FM) renewal application. II. BACKGROUND 2. Section 73.3527
• http://www.fcc.gov/fcc-bin/audio/DA-07-1838A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1838A1.pdf
  • of Hoosier Public Radio Corporation'' (the ``Response''), both of which were filed by Franklin Township. 47 C.F.R. � 73.561(b). Hoosier subsequently filed a number of other requests, motions and petitions. Public Notice of the Staff Decision was released on March 7, 2005. Broadcast Actions, Public Notice, Report No. 45935 (Mar. 7, 2005). Petition at unnumbered page 2. 47 C.F.R. � 73.3527. WWIZ, Inc., 37 FCC at 686; see also National Association of Broadcasters, Memorandum Opinion and Order, 18 FCC Rcd 24414, 24415 (2003). See also 47 C.F.R. � 1.106(c). The Hoosier Petition fails to comply with 47 C.F.R. � 1.49(a) (containing specifications for pleadings filed with the Commission), 47 C.F.R. � 1.49(c) (requiring that pleadings exceeding ten pages include as part
• http://www.fcc.gov/fcc-bin/audio/DA-07-1940A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1940A1.pdf
  • Market Allocation, Request for Review and Declaratory Ruling - Ex Parte Applicant Communications, Motion To Compel - Request For Discovery, Petition To Deny - Request for Moratorium,'' filed September 20, 2004. Public Notice of the Staff Decision was released on March 7, 2005 Public Notice, Broadcast Actions, Report No. 45935 (March 7, 2005). 47 C.F.R. � 73.3513. 47 C.F.R. � 73.3527. WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964), aff'd sub. nom Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied 383 U.S. 967 (1966)(``WWIZ, Inc.''); see also National Association of Broadcasters, Memorandum Opinion and Order, 18 FCC Rcd 24414, 24415 (2003). See also 47 C.F.R. � 1.106(c). 47 C.F.R. � 1.106(b) and (c).
• http://www.fcc.gov/fcc-bin/audio/DA-07-1941A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1941A1.pdf
  • Applicant Communications/Motion To Compel - Request For Discovery/Petition To Deny - Request For Moratorium'' against WJEL(FM) and other stations. This submission is untimely as to WJEL(FM) and is an unauthorized pleading filed subsequent to the deadline for reconsideration petitions as to WJEL(FM). Accordingly, it will be dismissed. Public Notice, Broadcast Actions, Report No. 45798 (August 13, 2004). 47 C.F.R. � 73.3527 . 47 U.S.C. � 405. See also 47 C.F.R. � 1.106(f). See, e.g., Gardner v. FCC, 530 F.2d 1086, 1091-92 (D.C. Cir. 1976). In addition, Section 1.106(b)(1) of the Rules requires that a petition for reconsideration filed by a person who is not a party to the proceeding must ``state with particularity the manner in which the person's interests are
• http://www.fcc.gov/fcc-bin/audio/DA-07-1961A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1961A1.pdf
  • file, although they were later destroyed or removed when the Station's facilities were vandalized. Considering the record as a whole, we believe that a $1,000 forfeiture is appropriate for the violations in this case. Accordingly, we find that the Licensee is apparently liable for a forfeiture in the amount of $1,000 for its apparent willful and repeated violation of Section 73.3527. Thus, we propose a forfeiture in the total amount of $8,000. 10. License Renewal Application. In evaluating an application for license renewal, the Commission's decision is governed by Section 309(k) of the Act. That section provides that if, upon consideration of the application and pleadings, we find that (1) the station has served the public interest, convenience, and necessity; (2)
• http://www.fcc.gov/fcc-bin/audio/DA-07-1980A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1980A1.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 73.3527 of the Rules by failing to retain all required documentation in the WSMC-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 WSMC-FM renewal application. II. BACKGROUND Section 73.3527 of
• http://www.fcc.gov/fcc-bin/audio/DA-07-2101A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2101A1.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 73.3527 of the Rules by failing to retain all required documentation in the KCAS(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 KCAS(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://www.fcc.gov/fcc-bin/audio/DA-07-220A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-220A1.pdf
  • Receipt Requested, to CC Licenses, 2625 S. Memorial Drive, Suite A, Tulsa, Oklahoma 74129, and to its counsel, Dorann Bunkin, Esq., Wiley, Rein & Fielding, LLP, 1776 K Street, N.W., Washington, D.C. 20006. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai 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. � 73.3527. 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, 8 FCC Rcd 6400 (MMB 1993)). See 47 C.F.R. 73.3526(e)(12). See captioned application, Exhibit 11. The Licensee indicated that it now has a Public File Director to oversee compliance with all
• http://www.fcc.gov/fcc-bin/audio/DA-07-249A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-249A1.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 73.3527 of the Rules by failing to retain all required documentation in the WYMS(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 one thousand dollars ($1,000), and we grant the captioned WYMS(FM) renewal application. II. BACKGROUND 2. Section 73.3527
• http://www.fcc.gov/fcc-bin/audio/DA-07-3245A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3245A1.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 73.3527 of the Rules by failing to retain all required documentation in the KOOP(FM) public inspection file, and we find that the Licensee also violated the alien ownership provisions of Section 310(b) of the Act. Based upon our review of the facts and circumstances before us, we grant Ellinger's Objection in part; conclude that the Licensee is apparently liable for a
• http://www.fcc.gov/fcc-bin/audio/DA-07-3515A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3515A1.pdf
  • 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; willfully and repeatedly violated Section 301 of the Act, by engaging in unauthorized operation of the Station after its authorization had expired; and willfully violated Section 73.3527 of the Rules by failing to retain all required documentation in the WBFH(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 seventeen thousand dollars ($17,000); we grant in part and deny in part RB's and Superior's pleadings; we
• http://www.fcc.gov/fcc-bin/audio/DA-07-4343A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4343A1.pdf
  • 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 or inaccurate
• http://www.fcc.gov/fcc-bin/audio/DA-07-4943A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4943A1.pdf
  • In this Order, we adopt the attached Consent Decree entered into by the Media Bureau (the ``Bureau'') and Capitol Broadcasting Association, Inc. (the ``Licensee''), licensee of non-commercial educational Station KMFA(FM), Austin, Texas (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned license renewal application for the Station as to whether the Licensee violated Section 73.3527 of the Commission's Rules (the ``Rules''), which governs the maintenance of a noncommercial educational 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 by served
• http://www.fcc.gov/fcc-bin/audio/DA-07-4943A2.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4943A2.pdf
  • on which the Bureau releases the Order; (h) ``Execution Date'' means the date on which this Consent Decree is executed by the last of the Parties to do so; (i) ``Licensee'' refers to CBA; (j) ``Order'' means the Order of the Bureau adopting this Consent Decree; (k) ``Parties'' means the Bureau and the Licensee; (l) ``Public File Rule'' means Section 73.3527 of the Commission's Rules, 47 C.F.R. � 73.3527; (m) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (n) ``Station'' means Station KMFA(FM), Austin, Texas (Facility ID No. 8685); and (o) ``Violations'' means the violations of the Public File Rule at the Station. III. Background 3. On March 31, 2005, CBA filed the Application
• http://www.fcc.gov/fcc-bin/audio/DA-07-5045A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-5045A1.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 73.3527 of the Rules, by failing to retain all required documentation in the WSCS(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 WSCS(FM) renewal application. II. BACKGROUND 2. Section 73.3527
• http://www.fcc.gov/fcc-bin/audio/DA-07-5046A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-5046A1.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 73.3527 of the Rules, by failing to retain required documentation in the WKDU(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 WKDU(FM) renewal application. II. BACKGROUND Section 73.3527 of the
• http://www.fcc.gov/fcc-bin/audio/DA-07-5047A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-5047A1.pdf
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act, 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 73.3527 of the Rules, by failing to retain required documentation in the WRPS(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 WRPS(FM) renewal application. II. BACKGROUND 2. Section 73.3527 of
• http://www.fcc.gov/fcc-bin/audio/DA-07-635A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-635A1.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, 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. II. BACKGROUND
• http://www.fcc.gov/fcc-bin/audio/DA-08-1145A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1145A1.pdf
  • 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, as applicable, has been placed in the station's public inspection file at the appropriate times. SCC indicated ``No'' to that certification, attaching an Exhibit explaining that the issues/programs list for the second quarter of 2001 and the biennial ownership reports for 1996 and 1998 were not timely placed in the public file. In its Exhibit, SCC acknowledges that it has
• http://www.fcc.gov/fcc-bin/audio/DA-08-1146A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1146A1.pdf
  • 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, as applicable, has been placed in the station's public inspection file at the appropriate times. SCC indicated ``No'' to that certification, attaching an Exhibit explaining that the issues/programs list for the second quarter of 2001 and the biennial ownership reports for 1996 and 1998 were not timely placed in the public file. In its Exhibit, SCC acknowledges that it has
• http://www.fcc.gov/fcc-bin/audio/DA-08-1478A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1478A1.pdf
  • 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 staff advised
• http://www.fcc.gov/fcc-bin/audio/DA-08-1479A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1479A1.pdf
  • 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 advised Licensee
• http://www.fcc.gov/fcc-bin/audio/DA-08-1655A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1655A1.pdf
  • 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 four; in
• http://www.fcc.gov/fcc-bin/audio/DA-08-1656A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1656A1.pdf
  • 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 10, 2004,
• http://www.fcc.gov/fcc-bin/audio/DA-08-1657A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1657A1.pdf
  • 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 and four;
• http://www.fcc.gov/fcc-bin/audio/DA-08-1738A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1738A1.pdf
  • to Licensee for these violations. Licensee filed a Request for Cancellation of Proposed Forfeiture (``Request'') on January 7, 2005. 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, the first and third quarters; in 2000, the first three quarters; in 2001, quarters two and four;
• http://www.fcc.gov/fcc-bin/audio/DA-08-1849A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1849A1.pdf
  • 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, 2004. 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. Neely indicated "No" to that certification, filing an amendment to his Exhibit explaining that the issues/program lists from April 1998 through the first quarter of 2003 - the period of Neely's tenure as licensee1 - were missing. Neely states that all issues/programs lists have been
• http://www.fcc.gov/fcc-bin/audio/DA-08-1859A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1859A1.pdf
  • 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, 2004. 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. Entercom indicated "No" to that certification, explaining in its attached Exhibit that "in reviewing its public inspection file, the licensee found that the quarterly issues and programs lists for the second and third quarters of 2000 and the third and fourth quarters of 2001 were
• http://www.fcc.gov/fcc-bin/audio/DA-08-2164A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2164A1.pdf
  • (``Request'') on July 21, 2004, and a Supplement to Request for Reduction, requesting additional reductions, on March 20, 2006. On February 2, 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 when it was preparing to file its 2004 renewal application, it discovered that ten Quarterly Issues and Programs lists were missing from the public files. Specifically, the licensee determined that lists
• http://www.fcc.gov/fcc-bin/audio/DA-08-2165A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2165A1.pdf
  • to Licensee for the violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on March 24, 2006. On February 2, 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 when it was preparing to file its 2004 renewal application, it discovered that ten Quarterly Issues and Programs lists were missing from the public files. Specifically, the licensee determined that lists
• http://www.fcc.gov/fcc-bin/audio/DA-08-2237A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2237A1.pdf
  • license, Huerta's operation of WJHX(AM) was unauthorized and should have ceased immediately. Huerta did not seek Special Temporary Authorization to continue operating the station pending action on the license renewal application. Section 73.3526 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. Huerta indicated "No" to that certification, filing an Exhibit explaining that he was new to broadcast ownership and did not realize until it was brought to his attention during the preparation of the license renewal application for WJXH(AM) that he was required to prepare quarterly
• http://www.fcc.gov/fcc-bin/audio/DA-08-2426A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2426A1.pdf
  • for the violation. KBLQ filed a Request for Cancellation or Reduction of Forfeiture (``Request'') on December 16, 2005. On June 1, 2005, Sun Valley 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. Sun Valley indicated ``No'' to that certification, attaching an Exhibit explaining that, when it was preparing to file its 2005 renewal application, it discovered that it was missing Quarterly Issues and Programs lists prior to the first quarter of 2002, as well
• http://www.fcc.gov/fcc-bin/audio/DA-08-2427A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2427A1.pdf
  • for the violation. KKEX filed a Request for Cancellation or Reduction of Forfeiture (``Request'') on December 16, 2005. On June 1, 2005, Sun Valley 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. Sun Valley indicated ``No'' to that certification, attaching an Exhibit explaining that, when it was preparing to file its 2005 renewal application, it discovered that it was missing Quarterly Issues and Programs lists prior to the fourth quarter of 2004. Sun Valley
• http://www.fcc.gov/fcc-bin/audio/DA-08-2444A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2444A1.pdf
  • Liability (``Response'') on January 3, 2006, and supplemental correspondence (``Supplement''), clarifying certain factual issues, on February 24, 2006. On April 15, 2005, Franklin College 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. Franklin College indicated ``No'' to that certification, attaching as Exhibit 11 a statement that there were gaps in the Issues and Programs lists. On February 7, 2005, Franklin College filed an amended application to renew the license of the Station, attaching a
• http://www.fcc.gov/fcc-bin/audio/DA-08-2445A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2445A1.pdf
  • FORFEITURE 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 seven thousand two hundred dollars ($7,200), to the Washington and Lee University (``Licensee''), licensee of Station WLUR(FM), Lexington, Virginia (``Station''), 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 the Station. BACKGROUND On June 6, 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 Response to Notice of Apparent Liability (``Response'') on July 6, 2005. On
• http://www.fcc.gov/fcc-bin/audio/DA-08-2508A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2508A1.pdf
  • Martin: The Chief, Audio Division, has before him the July 13, 2004, letter filed on behalf of Glen Iris Baptist School (``Glen Iris''), licensee of Station WQEM(FM), Columbiana, Alabama. The Response requests reduction or cancellation of a June 21, 2004, Notice of Apparent Liability for a Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) for violations of Section 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
• http://www.fcc.gov/fcc-bin/audio/DA-08-2618A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2618A1.pdf
  • Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau and Utica College (the ``Licensee''), licensee of non-commercial educational Station WPNR-FM, Utica, New York (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned license renewal application for the Station as to whether the Licensee violated Section 73.3527 of the Commission's Rules (the ``Rules''), which governs the maintenance of a noncommercial educational 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
• http://www.fcc.gov/fcc-bin/audio/DA-08-280A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-280A1.pdf
  • against it and reported both on FCC Form 396 and in WSKG's response to a Commission audit letter. The description of the actions filed against WSKG was substantially similar in both responses (including the case numbers and disposition), and we find no misrepresentation or lack of candor on WSKG's part in this regard. Finally, we find no violation of Section 73.3527(e)(9), requiring the maintenance of a list of donors supporting specific programs for two years following the air dates of such programs. WSKG states that it only accepts donations for general support, not specific programs, although it does allow underwriters to schedule underwriting announcements during specified dayparts or during specific programs. Objectors have not provided information to show that certain sponsors
• http://www.fcc.gov/fcc-bin/audio/DA-08-309A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-309A1.pdf
  • applicants in a group propose to serve the same community of license. See 47 C.F.R. � 73.7002(a). Id. See also Beacon Broadcasting, Memorandum Opinion and Order, 2 FCC Rcd 3469 (1987) (where the Commission first had to determine whether Fairforest was a community for the purposes of the Commission's rules before proceeding to a 307(b) analysis). See 47 C.F.R. � 73.3527(b). See 47 C.F.R. � 73.3527(e)(8). Daystar's Application focuses primarily on meeting the needs and interests of the station's service contour'' or ``service area,'' but implicitly recognizes the importance of community of license by promising to consult ``community leaders'' and citizens to determine ``the programming needs of Favoretta.'' Application at Exs. L-1, L-2, L-4. See 47 C.F.R. � 73.515. See Revision
• http://www.fcc.gov/fcc-bin/audio/DA-08-365A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-365A1.pdf
  • 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, as applicable, has been placed in the station's public inspection file at the appropriate times. SCC indicated ``No'' to that certification, attaching an Exhibit explaining that the issues/programs list for the second quarter of 2001 and the biennial ownership reports for 1996 and 1998 were not timely placed in the public file. In its Exhibit, SCC acknowledges that it has
• http://www.fcc.gov/fcc-bin/audio/DA-08-366A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-366A1.pdf
  • 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). Compare, Bloomfield Hills School District, Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 14055, 14060 (MB 2007) (apparent violation of Section 73.3527 found where licensee provided no evidence to rebut objector's declaration under penalty of perjury). See Application No. BL-19890814AD, granted on January 16, 1990. For one year after the commencement of transmissions with new or modified facilities, all radio stations are required to take remedial action to resolve blanketing interference complaints occurring within the immediate vicinity of the antenna site. A
• http://www.fcc.gov/fcc-bin/audio/DA-09-1059A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1059A1.pdf
  • No. BR-20051130AVR FORFEITURE ORDER Adopted: May 12, 2009 Released: May 13, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000), to College of the Holy Cross (``Licensee''), licensee of Station WCHC(FM), Worcester, Massachusetts (``Station''), 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 the Station. BACKGROUND On July 27, 2006, 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. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on August 28, 2006. On
• http://www.fcc.gov/fcc-bin/audio/DA-09-1100A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1100A1.pdf
  • FRN: 0003632627 File No. BRED-20051130BEJ FORFEITURE ORDER Adopted: May 19, 2009 Released: May 20, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000), to Emerson College (``Licensee''), licensee of Station WERS(FM), Boston, Massachusetts (``Station''), 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 the Station. BACKGROUND On July 27, 2006, 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. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on August 28, 2006. On
• http://www.fcc.gov/fcc-bin/audio/DA-09-1366A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1366A1.pdf
  • NAL, Urban Radio filed a ``Statement'' on July 10, 2006, seeking cancellation or reduction of the proposed forfeiture. On July 29, 2005, Urban Radio 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. Urban Radio indicated ``No'' to that certification, attaching an Exhibit explaining that, when it was preparing to file its 2005 renewal application, it discovered that it was missing quarterly issues/programs lists for the periods from July 1, 1998 to March 31, 2000,
• http://www.fcc.gov/fcc-bin/audio/DA-09-1372A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1372A1.pdf
  • file, lack of operational Emergency Alert System (``EAS'') equipment, lack of monthly EAS tests, no personnel or remote control equipment to control the transmitter, failure to post the license, failure to designate a chief operator, and failure to have equipment performance measurements available. See 47 C.F.R. �� 11.35, 11.61, 73.1125, 73.1230, 73.1300, 73.1350(b), (h), and (i), 73.1400, 73.1590, 73.1870 and 73.3527. See LOI at 2-3 and Ex. B. Response at 5. Id. at 4. See LOI, Ex. B. The only defense asserted by GLBC and GLBA in their Response is to claim that their pattern of constructing quasi-translators (if that) instead of the full-service NCE-FM stations authorized in their construction permits constitutes ``compliance'' with their authorizations because the facilities did not
• http://www.fcc.gov/fcc-bin/audio/DA-09-140A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-140A1.pdf
  • BRED-20050201AMD 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 seven thousand two hundred dollars ($7,200), to The Christian Center, Inc. (``Licensee''), licensee of Station KJRF(FM), Lawton, Oklahoma (``Station''), 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 the Station. BACKGROUND On June 22, 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 July 21, 2005. On
• http://www.fcc.gov/fcc-bin/audio/DA-09-142A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-142A1.pdf
  • to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 12, 2005. On May 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 the issues/programs lists from the first quarter of 1998 through the second quarter of 2003 were not in the Station's public files. On December 22, 2004, the staff advised Licensee of
• http://www.fcc.gov/fcc-bin/audio/DA-09-148A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-148A1.pdf
  • No. BRED-20041201AEU FORFEITURE ORDER Adopted: January 27, 2009 Released: January 29, 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 Fort Belknap College (``Licensee''), licensee of Station KGVA(FM), Fort Belknap Agency, Montana (``Station''), 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 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 23, 2005. On
• http://www.fcc.gov/fcc-bin/audio/DA-09-14A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-14A1.pdf
  • 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.'' The Objectors complain that the Station's public inspection file contained no trace of any listener comments regarding the Licensee's alleged solicitation of input regarding its format change in 2003. Section 73.3527 of the Rules requires an NCE broadcast licensee to maintain a public inspection file containing specific types of information related to station operations. That rule does not require that NCE licensees retain copies of letters or electronic mail messages from the public. Accordingly, even were we to take as true the Objector's claim that the Station's public inspection file in
• http://www.fcc.gov/fcc-bin/audio/DA-09-1740A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1740A1.pdf
  • (the "Act"), and Section 1.80 of the Commission's Rules (the }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw2 "Rules"),}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw2\super 2}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw2 by the Chief, Audio Division, Media Bureau by authority delegated under Section 0.283 of the Rules,}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw2\super 3}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw2 we find }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 that the Licensee apparently willfully and repeatedly violated Section 73.3527 of the Rules}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\super 4}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 by failing to retain all required documentation in the Station\rquote s public inspection file. Based upon our review of the }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd1\expndtw5 facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 forfeiture in the amount of ten
• http://www.fcc.gov/fcc-bin/audio/DA-09-2176A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2176A1.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 73.3527 of the Rules by failing to retain all required documentation in the KSLC(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 KSLC(FM) renewal application. II. BACKGROUND Section 73.3527 of
• http://www.fcc.gov/fcc-bin/audio/DA-09-236A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-236A1.pdf
  • Arkansas ) Forfeiture Order Adopted: February 12, 2009 Released: February 13, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand two hundred dollars ($7,200) to John Brown University (``JBU''), licensee of KLRC(FM), Siloam Springs, 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
• http://www.fcc.gov/fcc-bin/audio/DA-09-251A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-251A1.pdf
  • the NAL on August 4, 2004, requesting cancellation and/or reduction of the proposed forfeiture (``Request''). 3. Previously, on August 1, 2003, Citadel filed the referenced application (``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. Citadel indicated ``No'' to that certification, filing an exhibit explaining that the issues/programs lists were missing from the public file from the third quarter of 1999 through the first quarter of 2003. The exhibit further stated that corrective measures were taken and that the
• http://www.fcc.gov/fcc-bin/audio/DA-09-2522A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2522A1.pdf
  • 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 Forfeiture'' (``Response'')
• http://www.fcc.gov/fcc-bin/audio/DA-09-2540A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2540A1.pdf
  • No. BRED-20050822AAB FORFEITURE ORDER Adopted: December 3, 2009 Released: December 4, 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 San Jose State University (``Licensee''), licensee of Station KSJS(FM), San Jose, California (``Station''), 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 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 18, 2006. On
• http://www.fcc.gov/fcc-bin/audio/DA-09-403A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-403A1.pdf
  • interest. Rather, the inspection revealed two public inspection rule violations that were resolved during the course of the inspection and a transmitter power calculation violation that was unrelated to any claim made by Ms. Schademann or Mr. Powers. These violations were addressed through a verbal admonition to the Station's General Manager. We find that the Licensee's violations of Sections 73.267(c), 73.3527(e) and 73.3539 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 the Station served the public interest, convenience, and necessity during the subject license term. We will therefore grant the Application. IV. ORDERING CLAUSES Accordingly, IT
• http://www.fcc.gov/fcc-bin/audio/DA-09-488A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-488A1.pdf
  • No. BRED-20050121AGB 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 seven thousand two hundred dollars ($7,200), to Wayne State College (``Licensee''), licensee of Station KWSC(FM), Wayne, Nebraska (``Station''), 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 the Station. BACKGROUND 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 Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on September 14, 2005. On
• http://www.fcc.gov/fcc-bin/audio/DA-09-550A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-550A1.pdf
  • to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on June 8, 2005. On November 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 the issues/programs lists for more than half of the subject license term, from April 1, 1998 to June 30, 2002, and from January 1, 2003, to June 30, 2003, were not
• http://www.fcc.gov/fcc-bin/audio/DA-09-551A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-551A1.pdf
  • to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on June 13, 2005. On November 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 the issues/programs lists for more than half of the subject license term, from April 1, 1998 to June 30, 2002, and from January 1, 2003, to June 30, 2003, were not
• http://www.fcc.gov/fcc-bin/audio/DA-09-571A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-571A1.pdf
  • response to the NAL on July 28, 2004, requesting reduction of the proposed forfeiture (``Request''). 3. Previously, on January 28, 2004, KUOA filed the referenced application (``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. KUOA indicated ``No'' to that certification explaining in an amended Exhibit that: Information relating to the licensee's efforts to provide programming covering local issues [had been] placed in the Station's public file. However, it is not possible to determine whether the information was placed
• http://www.fcc.gov/fcc-bin/audio/DA-09-590A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-590A1.pdf
  • BRED-20041201BRS FORFEITURE ORDER Adopted: March 13, 2009 Released: March 16, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine dollars ($9,000) to The University of Montana-Western (``Licensee''), licensee of noncommercial educational Station KDWG(FM), Dillon, Montana (the ``Station''), 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 the Station. BACKGROUND On June 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 the violations. Licensee filed a "Petition for Cancellation or Reduction of Forfeiture" (``Petition'') on July 25, 2005.
• http://www.fcc.gov/fcc-bin/audio/DA-09-609A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-609A1.pdf
  • to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on January 19, 2006. On August 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 issues/programs lists for quarters prior to the second quarter of 2002, and the issues/programs lists for the fourth quarter of 2002 and the first and second quarters of 2003 were missing
• http://www.fcc.gov/fcc-bin/audio/DA-09-652A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-652A1.pdf
  • BRED-20031208BVA FORFEITURE ORDER Adopted: March 19, 2009 Released: March 20, 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 Radio Free Georgia Broadcasting Foundation, Inc. (``Licensee''), licensee of Station WFRG(FM), Atlanta, Georgia (``Station''), 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 the Station. BACKGROUND On August 25, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) to Licensee for this violation. Licensee filed a Request for Reduction of Proposed Forfeiture (``Request'') on October 11, 2005. On
• http://www.fcc.gov/fcc-bin/audio/DA-10-1037A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1037A1.pdf
  • a declaration made under penalty of perjury by an MU administration official stating that if it were not for ``difficult budgetary issues,'' MU fully intended to construct the Station. This is sufficient to rebut Hensley's uncorroborated assertion. Additionally, although Rush County, as proposed assignee of the Station, need not maintain a public inspection file for the Station pursuant to Section 73.3527 of the Rules, Rush County indicates that the Application and associated materials have been available for viewing at an address in Rushville, Indiana, in accordance with notice published in the local newspaper, pursuant to the Rules. Finally, with respect to Hensley's claim - based on an August 6, 2009, newspaper article in the Rushville (Indiana) Republican -- that there is
• http://www.fcc.gov/fcc-bin/audio/DA-10-142A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-142A1.pdf
  • File No. BRED-20040924AGQ FORFEITURE ORDER Adopted: January 26, 2010 Released: January 27, 2010 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 Truman State University (``TSU''), licensee of noncommercial educational FM Station KKTR(FM), Kirksville, Missouri (``Station''), for willfully violating Section 73.3527 of the Commission's Rules (``Rules'') by failing to properly maintain the Station's public inspection file. BACKGROUND On March 16, 2005, 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
• http://www.fcc.gov/fcc-bin/audio/DA-10-1767A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1767A1.pdf
  • 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, 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 ``the issues/programs lists for the station from 2000 to the first quarter of 2004 were not timely filed in the local public file.'' It stated that it had created these lists,
• http://www.fcc.gov/fcc-bin/audio/DA-10-2375A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-2375A1.pdf
  • Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau and Ovid-Elsie Area Schools (the ``Licensee''), licensee of non-commercial educational Station WOES(AM), Ovid-Elsie, Michigan (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned license renewal application for the Station as to whether the Licensee violated Section 73.3527 of the Commission's Rules (the ``Rules''), which governs the maintenance of a noncommercial educational 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, via an Installment Plan, to the United States Treasury. A copy of the
• http://www.fcc.gov/fcc-bin/audio/DA-10-2375A2.doc http://www.fcc.gov/fcc-bin/audio/DA-10-2375A2.pdf
  • which this Consent Decree is executed by the last of the Parties to do so; ``Installment Plan'' means Commission authorized payments in regular installments pursuant to Section 1.1914; (i) ``Licensee'' means Ovid-Elsie Area Schools; (j) ``Order'' means the Order of the Bureau adopting this Consent Decree; (k) ``Parties'' means the Bureau and the Licensee; (l) ``Public File Rule'' means Section 73.3527 of the Commission's Rules, 47 C.F.R. � 73.3527; (m) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (n) ``Station'' means Station WOES(AM), Ovid-Elsie, Michigan (Facility ID No. 50794); and ``Violations'' means the violations of the Public File Rule. III. Background 3. On May 17, 2004, the Licensee filed the Application to renew its
• http://www.fcc.gov/fcc-bin/audio/DA-11-1105A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1105A1.pdf
  • on December 1, 2003, four months prior to the April 1, 2004, license expiration date. The application was not filed until April 20, 2004, nearly three weeks after the station's license had expired. Additionally, 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. Huerta indicated "No" to that certification, explaining that he did not realize he was required to prepare quarterly issues/program lists. Accordingly, he prepared no issues/program lists from the time he acquired the station in May of 2002 until preparing the license renewal application in April
• http://www.fcc.gov/fcc-bin/audio/DA-11-1128A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1128A1.pdf
  • right to preempt CPRN programs), retain responsibility for financial control over the operating and capital expenses of the Station, and ensure that the Station complies with the Commission's main studio rules and policies. Additionally, the PSOA indicates that CPRN will deliver to the Licensee such information as is required to be placed in the Station's public inspection file by Section 73.3527 of the Rules, will not support or oppose any candidate for political office, and will not broadcast an ``advertisement'' as defined in Section 399B of the Act. In consideration for making Station airtime available to CPRN, the PSOA provides that CPRN will reimburse Licensee for any expenses incurred in connection with delivering and broadcasting CPRN programming, including the cost of
• http://www.fcc.gov/fcc-bin/audio/DA-11-1137A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1137A1.pdf
  • BRED-20051129AFP FORFEITURE ORDER Adopted: June 28, 2011 Released: June 29, 2011 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 Colby-Sawyer College (``Licensee''), licensee of noncommercial educational station WSCS(FM), New London, New Hampshire (``Station''), 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 WSCS(FM). BACKGROUND On November 29, 2005, Licensee filed an application to renew the Station's license. Section III, Item 3 of Licensee's renewal application form, FCC Form 303-S, required the licensee to certify whether the documentation required by Section 73.3527 of the Rules had been placed in
• http://www.fcc.gov/fcc-bin/audio/DA-11-1340A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1340A1.pdf
  • 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 for Forfeiture (``NAL'') proposing a forfeiture in the amount of ten thousand dollars ($10,000) to WPW for its apparent willful and repeated violation of Section 73.3527 of the Rules for failure to retain all required documentation in the Station's public inspection file. On April 18, 2007, WPW filed a response to the NAL (``Response''). In its Response, WPW asked that we cancel or reduce the proposed forfeiture, arguing that: (1) its case was distinguishable from precedent cited in the NAL; (2) it was being treated differently
• http://www.fcc.gov/fcc-bin/audio/DA-11-1344A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1344A1.pdf
  • Adopted: August 2, 2011 Released: August 3, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000) to Metropolitan School District of Wayne Township (``Licensee'') licensee of noncommercial educational station WBDG (FM), Indianapolis, Indiana (``Station''), for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules'') by failing to retain all required documentation in the Station's public inspection file. II. BACKGROUND On March 24, 2004, Licensee filed an application to renew the Station's license. Section III, Item 3 of Licensee's renewal application form, FCC Form 303-S, required the licensee to certify whether the documentation required by Section 73.3527 of the Rules
• http://www.fcc.gov/fcc-bin/audio/DA-11-1351A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1351A1.pdf
  • BRED-20030801CXZ FORFEITURE ORDER Adopted: August 3, 2011 Released: August 4, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of nine thousand dollars ($9,000) to the University of South Carolina (``Licensee''), licensee of station WUSC-FM, Columbia, South Carolina (``Station''), for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules'') by failing to retain all required documentation in the Station's public inspection file. II. BACKGROUND On August 1, 2003, Licensee filed an application to renew the Station's license. Section III, Item 3 of Licensee's renewal application form, FCC Form 303-S, required the licensee to certify whether the documentation required by Section 73.3527 of the Rules
• http://www.fcc.gov/fcc-bin/audio/DA-11-1384A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1384A1.pdf
  • BRED-20050331BPC FORFEITURE ORDER Adopted: August 10, 2011 Released: August 11, 2011 By the Chief, Audio Division: INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of eight thousand, seven hundred dollars ($8,700) to Texas Educational Broadcasting Co-operative, Inc. (``Licensee''), licensee of noncommercial educational station KOOP(FM), Hornsby, Texas (``Station''), for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules'') by failing to retain all required documentation in the Station's public inspection file, and for violating the alien ownership provisions of Section 310(b) of the Communications Act of 1934, as amended (``Act''). BACKGROUND On July 16, 2007, the Bureau issued a Notice of Apparent Liability for Forfeiture in the amount of fifteen thousand dollars ($15,000)
• http://www.fcc.gov/fcc-bin/audio/DA-11-1385A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1385A1.pdf
  • 0001773431 File No. BRED-20040329AKC FORFEITURE ORDER Adopted: August 10, 2011 Released: August 11, 2011 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Southern Adventist University (``Licensee''), licensee of radio station WSMC-FM, Collegedale, Tennessee (``Station''), for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules'') by failing to retain all the required documentation in the Station's public file. II. BACKGROUND On May 3, 2007, the Media Bureau (``Bureau'') released a Notice of Apparent Liability for Forfeiture 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
• http://www.fcc.gov/fcc-bin/audio/DA-11-1605A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1605A1.pdf
  • majority board turnover to be ``evolutionary''), citing Storer Communications, Inc. v. FCC, 763 F.2d 436, 442 (D.C. Cir. 1985) and Transfer Of Control Of Certain Licensed Non-Stock Entities, 4 FCC Rcd 3403, 3405 (1989). See also Texas Educational Broadcasting Co-operative, Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 13038 (MB 2007) (discounting alleged violation of Section 73.3527 of the Rules on the basis that incremental transfers of control will not necessarily change the nature of the organization or break continuity of control). 47 C.F.R. � 73.3513. 47 C.F.R. � 1.65. Contemporary Media, Inc., v. FCC, 214 F.3d 187, 196 (D.C. Cir. 2000). See David Ortiz Radio Corp. v. FCC, 941 F.2d 1253 (D.C. Cir. 1991) (citing Valley
• http://www.fcc.gov/fcc-bin/audio/DA-11-233A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-233A1.pdf
  • 1000 Potomac Street, N.W. Washington, DC 20007-3501 In re: WDVX(FM), Clinton, Tennessee Facility ID No. 14724 File No. BRED-20040331ANB Application for Renewal Dear Counsel: We hereby cancel a proposed forfeiture in the amount of ten thousand dollars ($10,000) to Cumberland Communities Communications Corporation (``Licensee''), licensee of noncommercial educational radio station WDVX(FM), Clinton, Tennessee (``Station'') and admonish Licensee for violating Section 73.3527 of the Commission's Rules (``Rules''). Background. On March 26, 2007, the Media Bureau (``Bureau'') granted the above-referenced application for license renewal. On March 28, 2007, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') proposing a forfeiture in the amount of ten thousand dollars ($10,000) to Licensee for its apparent willful and repeated violation of Section 73.3527 of
• http://www.fcc.gov/fcc-bin/audio/DA-11-267A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-267A1.pdf
  • No.MB-200741410456 FRN: 0004446100 File No.BRED-20060321ADV FORFEITURE ORDER Adopted: February 9, 2011 Released: February 10, 2011 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000), to Drexel University (``Licensee''), licensee of Station WKDU(FM), Philadelphia, Pennsylvania (``Station''), 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 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,
• http://www.fcc.gov/fcc-bin/audio/DA-11-268A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-268A1.pdf
  • File No. BRED-20050401BWH FORFEITURE ORDER Adopted: February 9, 2011 Released: February 10, 2011 By the Chief, Audio Division, Media Bureau: Introduction In this Forfeiture Order, we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Faith Baptist Church, Inc. (``Licensee''), licensee of radio station KCAS(FM), McCook, Texas (``Station''), for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules''). BACKGROUND On May 18, 2007, the Media Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Licensee for failure to retain all required documentation in the Station's public inspection file. As noted in the NAL, Section 73.3527 of the Rules requires a noncommercial educational broadcast
• http://www.fcc.gov/fcc-bin/audio/DA-11-283A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-283A1.pdf
  • 1. \tab In this Order, we adopt and incorporate by reference the attached Co nsent Decree entered into by the Media Bureau (\'93Bureau\'94) and Vermont State Colleges (\'93Licensee\'94), licensee of Station WVTC(FM), Randolph Center, Vermont (\'93Station\'94). The Consent Decree resolves issues arising from the Bureau\rquote s review of the captioned license renewal application. These issues include whether Licensee violated Section 73.3527}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s20\qj \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs22\super \chftn }{ \rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 73.3527.}}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 of the Commission\rquote s rules (\'93Rules\'94), which governs the maintenance of a noncommercial station\rquote s public file; Section 73.3539}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s20\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1
• http://www.fcc.gov/fcc-bin/audio/DA-11-308A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-308A1.pdf
  • 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 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. Sudbury 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, the first and third quarters; in 2000, the first three quarters; in 2001, quarters two and four;
• http://www.fcc.gov/fcc-bin/audio/DA-11-679A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-679A1.pdf
  • File No. BRED-20050822AAB MEMORANDUM OPINION AND ORDER Adopted: April 13, 2011 Released: April 14, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION San Jose State University (``University''), licensee of Station KSJS(FM), San Jose, California (``Station''), filed a Petition for Reconsideration (``Petition'') of the Forfeiture Order issued to the the University for its willful and repeated violation of Section 73.3527 of the Commission's Rules (``Rules'') by failing to properly maintain a public inspection file for the Station. In this Memorandum Opinion and Order, we grant reconsideration in part and reduce 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
• http://www.fcc.gov/fcc-bin/audio/DA-11-683A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-683A1.pdf
  • 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 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. KUOA indicated ``No'' to that certification, explaining in an amended Exhibit that while some required information related to programming had been placed in the Station's public file, it was not possible to determine whether that information was placed in the file at the appropriate
• http://www.fcc.gov/fcc-bin/audio/DA-11-684A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-684A1.pdf
  • No. 31470 FRN: 0007719222 NAL/Acct. No. MB20041810037 MEMORANDUM OPINION AND ORDER Adopted: April 13, 2011 Released: April 14, 2011 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION John Brown University (``John Brown''), licensee of Station KLRC(FM) (``Station''), filed a Petition for Reconsideration (``Petition'') of the Forfeiture Order issued to John Brown 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). 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 John Brown. II. BACKGROUND 2. On January 28, 2004, John Brown filed an application
• http://www.fcc.gov/fcc-bin/audio/DA-11-691A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-691A1.pdf
  • 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 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. In its renewal application for KAMJ(FM), Phoenix indicated ``No'' to that certification, filing an amended Exhibit explaining that the following issues/programs lists were not in KAMJ(FM)'s public files: in 1999, quarters one through four; in 2000, quarters two and three; in 2001,
• http://www.fcc.gov/fcc-bin/audio/DA-12-563A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-563A1.pdf
  • April 10, 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Media Ministries, Inc. (``Licensee''), for renewal of its license for KBMQ(FM), Monroe, Louisiana (``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 73.3527 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 ten thousand dollars ($10,000). II. BACKGROUND Section 73.3527 of the Rules requires a noncommercial broadcast licensee to maintain a public
• http://www.fcc.gov/fcc-bin/audio/DA-12-623A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-623A1.pdf
  • its requests for special temporary authority referenced in its Response. See, e.g., Application File No. BLESTA - 20061127ADL. Response at 6-7. Response at 8. See NAL, 23 FCC Rcd at 6481, � 24. Response at 8. Id. Id. at 9. 47 U.S.C. � 312(g). See supra note 27. 47 U.S.C. � 503(b); 47 C.F.R. �� 0.283, 1.80. 47 C.F.R. � 73.3527. 47 U.S.C. � 504(a). . Id. (continued....) Federal Communications Commission DA 12-623 Federal Communications Commission DA 12-623 � C � � � � � �� �� �� �� �� �� �� �� �� 0 �� � � �� �� �� �� �� �� �� �� �� 0 0 � �
• http://www.fcc.gov/fcc-bin/audio/DA-12-632A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-632A1.pdf
  • during the subject license term pursuant to a `long-form' application . . . the renewal applicant's certifications should cover only the period during which the renewal applicant held the station's license''). See, e.g., Southern Adventist University, Collegedale, Tennessee, Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 8478 (MB 2007) ($10,000 forfeiture proposed for violation of Section 73.3527 occurring over five years and involving 22 missing issues/programs lists). 47 U.S.C. � 309(k). 47 U.S.C. � 309(k)(1). 47 U.S.C. �� 309(k)(2), 309(k)(3). For example, we do not find here that 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."
• http://www.fcc.gov/fcc-bin/audio/DA-12-695A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-695A1.pdf
  • 2012 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Toccoa Falls College (``Licensee'') for renewal of its license for WTXR(FM), Toccoa Falls, Georgia (``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 73.3527 of the Rules by failing to retain all required documentation in the WTXR(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 73.3527 of the Rules requires a noncommercial educational broadcast licensee to maintain a
• http://www.fcc.gov/fcc-bin/audio/DA-12-724A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-724A1.pdf
  • 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 terms of
• http://www.fcc.gov/fcc-bin/audio/DA-12-724A2.doc http://www.fcc.gov/fcc-bin/audio/DA-12-724A2.pdf
  • this Consent Decree;) Tj 1 0 0 1 149 187.949 Tm 97 Tz (\(k\) "Parties" means the Bureau and the Licensee;) Tj 1 0 0 1 149 163.5 Tm 72 Tz (\(1\)) Tj 1 0 0 1 163.9 163.5 Tm 97 Tz ("Public File Rule" means Section) Tj 1 0 0 1 310.3 163.25 Tm 95 Tz /OPBaseFont2 11 Tf (73.3527) Tj 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
• http://www.fcc.gov/fcc-bin/audio/DA-12-752A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-752A1.pdf
  • INTRODUCTION 1. The Media Bureau (``Bureau'') has before it the application of the University of Maryland, Eastern Shore (``Licensee''), for renewal of its license for noncommercial educational (``NCE'') FM Station WESM(FM), Princess Anne, Maryland (``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 73.3527 of the Rules by failing to retain all required documentation in the WESM(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) and that the captioned license renewal application should be granted for a period of four (4)
• http://www.fcc.gov/fcc-bin/audio/DA-12-758A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-758A1.pdf
  • Audio Division, Media Bureau: I. INTRODUCTION The Media Bureau (``Bureau'') has before it the application of Trustees of Columbia University in New York (``Columbia'') for renewal of its license for WKCR-FM, New York, New York (``Station''). In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Columbia apparently willfully and repeatedly violated Section 73.3527 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 Columbia is apparently liable for a monetary forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND Section 73.3527 of the Rules requires a noncommercial broadcast licensee to maintain a public
• http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.txt
  • applications and the sole remaining application after a settlement among mutually exclusive applications. If any such application is determined unacceptable the application will be returned and the applicant will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor. 10. Section 73.3527 is amended by revising the first sentence of paragraph (e)(2) to read as follows: � 73.3527 Local public inspection file of noncommercial educational stations. ***** (e)* * * (2) Applications and related materials. A copy of any application tendered for filing with the FCC, together with all related material, including supporting documentation of any points claimed in the application pursuant
• http://www.fcc.gov/fcc-bin/audio/FCC-04-90A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-90A1.pdf
  • of parent station WCVE-FM. CPBC must also make reasonable accommodation for listeners wishing to examine the file's contents. See Main Studio Reconsideration Order, 14 FCC Rcd at 11129. We further remind CPBC that, notwithstanding grant of the waiver requested here, the public file for the Heathsville station must contain the quarterly issues and programs list required by 47 C.F.R. � 73.3527(e)(8). File No. BPED-19980320MJ. File No. BPED-19980318MH. File No. BPED-19971202IB. File No. BPED-19980311MD. File No. BPED-19980319MF. File No. BPED-19980320MN. File No. BPED-19971015MB. File No. BPED-19970903MB. File No. BPED-19980319MD. File No. BPED-19980320MI. Federal Communications Commission FCC 04-90 Federal Communications Commission FCC 04-90 : U X [ � � � � � � h k � � � � � � � �
• http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.pdf
  • 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 for the effective operation of the democratic
• http://www.fcc.gov/fcc-bin/audio/FCC-12-43A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-12-43A1.pdf
  • for each fundraiser, the date and time of the fundraiser, the name of the non-profit entity benefitted by the fundraiser and whether this entity is a local organization, the specific cause, if any, supported by the fundraiser, the type of fundraising activity, the duration of the fundraiser, and the total funds raised. * * * * * 4. Amend � 73.3527 by adding new paragraph (e)(14) to read as follows: � 73.3527 Local public inspection file of noncommercial educational stations. * * * * * (e) * * * APPENDIX B Initial Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act, as amended (``RFA''), the Commission has prepared this Initial Regulatory Flexibility Analysis (``IRFA'') of the possible significant economic impact
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/88-235.pdf
  • PaperworkReductionActof19802andfoundtocontain nonewormodifiedform,informationcollectionand/or recordkeeping,labeling,disclosure,orrecordretention requirements;andwillnotincreaseordecreaseburden hoursimposedonthepublic. 49.TheSecretaryshallcauseacopyofthisMemorandum OpinionandOrder, includingtheFinalRegulatory FlexibilityAnalysiswhichissetforthinAppendixB,tobe senttotheChiefCounselforAdvocacyoftheSmall 3FCCRcdNo.17 BusinessAdministration,inaccordancewithSection604 oftheRegulatoryFlexibilityAct,Pub.L.No.96-354,94 Stat.1164(codifiedat5U.S.C.Sections601-612(1982)). 50.Accordingly,ITISORDERED,THATPart73of theCommission'sRulesandRegulationsisamendedas describedaboveandassetforthinAppendixAbelow. 51.ITISFURTHERORDERED,THATthepetitions forreconsiderationand/orclarificationAREGRANTED totheextentindicatedherein,andinallotherrespects, AREDENIED. 52.ITISFURTHERORDERED,THATpursuantto theAdministrativeProcedureAct,5U.S.C.Section 553(d)(1),theamendmentstotheCommission'sRulesand Regulationsshallbecomeimmediatelyeffectiveuponpublication intheFederalRegister. 53.ITISFURTHERORDERED,THATthelimited stayoftherevisedpublicinspectionfilerulesadoptedon July16,1987ISRESCINDED. 54.ITISFURTHERORDERED,THATthisproceeding ISTERMINATED. 55.Authorityfortheactiontakenhereiniscontainedin Sections4(i)and303oftheCommunicationsActof1934, asamended,andSection1.429oftheCommission'sRules. FEDERALCOMMUNICATIONSCOMMISSION H.WalkerFeaster,III ActingSecretary APPENDIXA Part73ofTitle47oftheCodeofFederalRegulationsis amendedasfollows: 1.TheauthoritycitationforPart73continuestoreadas follows: Authority:47U.S.C.154and303. 2.Section73.3526isamendedbyrevisingparagraph(d) toreadasfollows: Section73.3526Localpublicinspectionrileofcommercial stations. (d)Locationofrecords.Thefileshallbemaintainedat themainstudioofthestation,wheresuchstudioislocated inthecommunitytowhichthestationislicensedor wheresuchstudioislocatedoutsideofthecommunityof licensepursuanttoauthorizationgrantedunderSection 73.1125(a)oftherulespriortoJuly16,1987,oratany accessibleplace(suchasapublicregistryfordocuments oranattorney'soffice)inthecommunitytowhichthe stationisorisproposedtobelicensed.Thefileshallbe availableforpublicinspectionatanytimeduringregular businesshours. FederalCommunicationsCommissionRecord FCC88-235 3.Section73.3527isamendedbyrevisingparagraph(d) toreadasfollows: Section73.3527Localpublicinspectionfileofnoncommercial educationalstations. (d)Locationofrecords.Thefileshallbemaintainedat themainstudioofthestation,wheresuchstudioislocated inthecommunitytowhichthestationislicensedor wheresuchstudioislocatedoutsideofthecommunityof licensepursuanttoauthorizationgrantedunderSection 73.1125(a)oftherulespriortoJuly16,1987,oratany accessibleplace(suchasapublicregistryfordocuments oranattorney'soffice)inthecommunitytowhichthe stationisorisproposedtobelicensed.Thefileshallbe availableforpublicinspectionatanytimeduringregular businesshours. APPENDIXB FinalRegulatoryFlexibilityAnalysis 1.NeedforandPurposeofthisAction.IntheReport andOrderinthisproceeding,theCommissionamended itsrulesto:(1)permitallbroadcaststationstolocatetheir mainstudioswithintheirprincipalcommunitycontours; (2)allowbroadcaststationstooriginateprogramming fromanylocation;and(3)requirebroadcaststationsto maintainalocalortoll-freetelephonenumberandto keeptheirpublicinspectionfilesintheircommunitiesof license.TheCommissionconcludedthereinthatthese amendmentswouldaffordbroadcastersmoreflexibility andpermitthemtorealizegreaterefficiencieswithout alteringcurrentlocalserviceobligationsoraffectinga licensee'sabilitytomeetthoseobligations. IntheattachedMemorandumOpinionandOrder,the Commissionreaffirmedtheamendmentsadoptedinthe ReportandOrder,butgrandfatheredthelocationofpublic inspectionfilesthatweremaintainedbystationsoutside thecommunityoflicensepriortotheeffectivedateofthe ReportandOrder.TheCommissionconcludedthatthis refinementoftheorderisconsistentwiththeobjectivesof theearlierdecisionandwillreducetheadministrative burdenonstationsthathadlocatedpublicfilesoutsidethe communityoflicensepriortotheReportandOrder. 2.IssuesRaisedinResponsetotheInitialRegulatory FlexibilityAnalysis.Nopartytothisproceedingraisedany issuespecificallyinresponsetotheInitialRegulatory FlexibilityAnalysiscontainedintheNoticeofProposed RuleMaking ortheFinalRegulatoryFlexibilityAnalysis containedintheReportandOrder. 3.SignificantAlternativesConsideredandRejected.As notedintheRegulatoryFlexibilityAnalysisintheReport andOrder,theCommissioncarefullyconsideredthesig- nificantalternativespresentedinthisproceedingbefore reachingitsfinaldeterminationtorevisetherulesas adoptedtherein.TheCommissioncontinuestobelieve FCC88-235 thattheseamendments,asrefinedintheMemorandum OpinionandOrder onreconsideration,providereliefto broadcastersconsistentwithCommissionobjectives. FOOTNOTES tSeeAmendmentofSections73.1125and73.1130ofthe Commission'sRules,ReportandOrderinMMDocket86-406,
• http://www.fcc.gov/mb/audio/alphaindex.html
  • 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 FCC rcd
• http://www.fcc.gov/mb/audio/am.html
  • 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 continues to
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • [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 changes in an existing station. [630]TEXT [631]PDF 73.3539 Application for
• http://www.fcc.gov/mb/audio/decdoc/legalser.html
  • April 12, 2001 [ [942]Word ]. Teacher as station manager OK; public inspection file should be available throughout the calender year, including summer recess months. June 1999 The Public and Broadcasting Information Sheet, , , dated June 1999 [ [943]HTML ]. This document is REQUIRED to be in each broadcast station's local public inspection file, per 47 CFR 73.3526 and 73.3527. June 24, 1999 Central Coast Communications, Inc. [KIEZ (FM), Carmel Valley, CA] Letter DA 99-1203, , released June 24, 1999 [ [944]WP5.1 | [945]Text ]. June 24, 1999 Padre Sierra Communications, Inc." [KRQK (FM), Lompoc, CA] Letter DA 99-1206, , released June 24, 1999 [ [946]WP5.1 | [947]Text ]. June 24, 1999 Padre Sierra Communications, Inc. [KSBQ (AM), Santa Maria,
• http://www.fcc.gov/mb/audio/fm.html
  • 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 continues to
• http://www.fcc.gov/mb/audio/includes/31-legalser.htm
  • April 12, 2001 [ [895]Word ]. Teacher as station manager OK; public inspection file should be available throughout the calender year, including summer recess months. June 1999 The Public and Broadcasting Information Sheet, , , dated June 1999 [ [896]HTML ]. This document is REQUIRED to be in each broadcast station's local public inspection file, per 47 CFR 73.3526 and 73.3527. June 24, 1999 Central Coast Communications, Inc. [KIEZ (FM), Carmel Valley, CA] Letter DA 99-1203, , released June 24, 1999 [ [897]WP5.1 | [898]Text ]. June 24, 1999 Padre Sierra Communications, Inc." [KRQK (FM), Lompoc, CA] Letter DA 99-1206, , released June 24, 1999 [ [899]WP5.1 | [900]Text ]. June 24, 1999 Padre Sierra Communications, Inc. [KSBQ (AM), Santa Maria,
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [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 changes in an existing station. [583]TEXT [584]PDF 73.3539 Application for
• http://www.fcc.gov/mb/audio/ssi/audio_pub.htm
  • FM station at Bernardsville, NJ, Letter, DA 09-524, released February 27, 2009. [ [865]PDF | [866]Word ]. Granted the construction permit. February 26, 2009 Wayne State College, re renewal of license for KWSC (FM), Wayne, NE, Forfeiture Order, DA 09-488, released February 26, 2009. [ [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,
• http://www.fcc.gov/mb/policy/eeo/auditFeb2007.doc
  • 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 personally identifiable information. We do not require that employment
• http://www.fcc.gov/mb/policy/eeo/auditJune72006.doc
  • (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 letter. Sincerely, Lewis C. Pulley Assistant Chief, Policy
• http://www.fcc.gov/mb/policy/eeo/auditletterjan30.doc
  • (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. Pulley Assistant Chief, Policy Division Media Bureau Attachment
• http://www.fcc.gov/mb/policy/eeo/auditletterjune10.doc
  • 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. Pulley Assistant Chief, Policy Division Media Bureau Attachment
• http://www.fcc.gov/mb/policy/eeo/auditletterjune12.doc
  • 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 personally identifiable information. We do not require that employment
• http://www.fcc.gov/mb/policy/eeo/auditlettersept29.doc
  • (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 letter. Sincerely, Lewis C. Pulley Assistant Chief, Policy