FCC Web Documents citing 73.3538
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- South Carolina ) FORFEITURE ORDER Adopted: July 6, 2000 Released: July 7, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against Morradio, Inc., licensee of AM Station WLMA, Greenwood, South Carolina, for willful and repeated violation of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. The noted violations involve Morradio's changes in its antenna structure location without a construction permit and failure to install and maintain Emergency Alert System equipment. 2. On January 24, 2000, the District Director of the Atlanta Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars ($12,000) to
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- 47 C.F.R. § 73.1230 - Broadcasting Emergency Information WNUS, Inc., WLTP, Parkersburg, WV. Columbia, MD District Office (4/27/01). 47 C.F.R. § 73.1590 - Equipment Performance Measurements Burbach of DE, LLC, WKYG, Parkersburg, WV. Columbia, MD District Office (4/27/01). 47 C.F.R. § 73.1870 - Chief Operator Clear Channel Communications, WQHQ/WLVW/WSBY-FM, WTGM/WJDY-AM, Salisbury, MD. Columbia, MD District Office (4/27/01). 47 C.F.R. § 73.3538 -Application to Make Changes in an Existing Station ACS Television, L.L.C., Anchorage, AK. Other violation: 47 C.F.R. § 74.780 (Broadcast Regulations Applicable to Translators, Low Power, and Booster Stations). Anchorage, AK Resident Agent Office (4/19/01). 47 C.F.R. Part 74 - Experimental Radio, Auxiliary Special Broadcast and Other Program Distributional Services 47 C.F.R. § 74.765 - Posting of Station and Operator
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- (5/14/01). Arizona Western College KAWC(AM), Yuma, AZ San Diego, CA District Office (5/16/01). Arizona Western College KAWC-FM, Yuma, AZ. San Diego, CA District Office (5/16/01). Gulf Coast Broadcasting Company, Inc., Orange Beach, AL. Other violations: 47 C.F.R. §§ 73.58 (Indicating Instruments), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations), and 73.3538 (Application to Make Changes in an Existing Station). Atlanta, GA District Office (5/18/01). Southern Media Communications, Inc., Bay Minette, AL. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 73.1230 (Posting of Station License), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (5/18/01). WBJX, Inc.,
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- Suite 500 ) Anchorage, Alaska ) FORFEITURE ORDER Adopted: July 30, 2002 Released: August 1, 2002 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to ACS Television, L.L.C. (``ACS''), licensee of the captioned low power television (``LPTV'') stations, for willful violation of Sections 74.780, 73.3538(a)(1), and 73.3538(a)(4) of the Commission's Rules (``Rules''). The violations involve ACS's change in the location of the antenna, the overall height above ground of the antenna structure, the height of antenna radiation center above ground, and the height above mean sea level of the 15 above referenced LPTV stations, without prior authorization granted by the Commission. On January 22, 2002,
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- Berkley, MI. $11,000 NAL. Detroit, MI District Office (1/14/02). CTI of Miami, Inc., Miami, FL. $ 17,000 NAL. Other violations: 47 U.S.C. § 302a (Devices Which Interfere With Radio Reception) and 47 C.F.R. § 2.803 (Marketing of Radio Frequency Devices Prior to Equipment Authorization). Tampa, FL District Office (1/24/02). 47 C.F.R. Part 73 - Radio Broadcast Services 47 C.F.R. § 73.3538 - Application to Make Changes in an Existing Station ACS Television LLC, Eagle River, AK. $13,000 NAL. Other violation: 47 C.F.R. § 74.780 (Broadcast Regulations Applicable to Translators, Low Power, and Booster Stations). Anchorage, AK Resident Agent Office (1/22/02). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 - Unauthorized Operation Mt. Rushmore Broadcasting, Inc., Custer, SD (KAWK-FM, Facility ID
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- San Francisco, CA District Office (2/14/02). Triple J Community Broadcasting, L.L.C., Hazelton, PA. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures) and 73.1840 (Retention of Logs). Philadelphia, PA District Office (2/14/02). S.G. Communications, Inc., Franklin, TN. Other violations: 47 C.F.R. §§ 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal), 73.1745 (Unauthorized Operation), 73.1820 (Station Log) and 73.3538 (Application to Make Changes in an Existing Station). Atlanta, GA District Office (2/21/02). Florida Public Radio, Inc., Titusville, FL. Tampa, FL District Office (2/27/02). Gore-Overgaard Broadcasting, Inc., Vero Beach, FL. Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). Tampa, FL District Office (2/28/02). Public Radio, Inc., Holly Hill, FL. Tampa, FL District Office (2/28/02). 47 C.F.R. § 11.61
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- U.S.C. § 303(q). See, e.g., Spectrasite Communications, Inc. 18 FCC Rcd 22799, 22800 (2003). Section 17.2(c) of the Rules, 47 C.F.R. §17.2(c). See AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21875 - 76 (2002). See, e.g., ACS Television, L.L.C., 17 FCC Rcd 14586 (EB 2002) (Issuing a $11,000 forfeiture against ACS Television, L.L.C. for willful violation of Section 74.780, 73.3538(a)(1) and 73.3538(a)(4) of the Rules); Notice of Violation: ACS of Anchorage License Sub, Inc., NOV No. V20053278002, (Enf. Bur., Western Region, Anchorage Resident Agent Office, released October 12, 2004.) See Section 17.23 of the Rules, 47 C.F.R. § 17.23 (Antenna structures must conform to the Federal Aviation Administration's (``FAA's'') painting and lighting recommendations set forth on the structure's FAA determination
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- to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. See Third DTV Periodic Report and Order, supra note 1, at ¶¶ 148 and 153. The Commission has tentatively established August 17, 2008 as the date we will lift the freeze, provided we have completed processing stations' applications to build their post-transition facilities. Id. See, supra, note 10. In the Third DTV Periodic Report and Order, the Commission established a
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- the U.S. Government and the Industrial Radio Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 16569 47 * 47 C.F.R § 11.35 Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $ 12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA Office (3/22/00). Valley Stream Taxi, Valley Stream, NY. Jonathan AJtomero, KC2AGX, Bronx, NY. New York, NY
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- the U.S. Government and the Industrial Radio Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 16569 47 * 47 C.F.R § 11.35 Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $ 12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA Office (3/22/00). Valley Stream Taxi, Valley Stream, NY. Jonathan AJtomero, KC2AGX, Bronx, NY. New York, NY
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- 20554 In the matter of ) ) Morradio, Inc. ) File Number: EB-00-AT-061 WLMA(AM) ) Greenwood, SC ) NAL/Acct. No.: X3248002 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 30, 2000 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Morradio, Inc. (``Morradio'') has apparently violated sections 73.1690(b), 73.3538(a)(4) and 11.35(a) of the Commission's Rules for failure to license changes in the antenna structure location and failure to install and maintain emergency alert system (``EAS'') equipment. We conclude that Morradio is apparently liable for forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND 2. Radio station WLMA(AM) is licensed to broadcast on 1350 kHz in Greenwood, SC.
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- the Anchorage Resident Agent Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that ACS Television, L.L.C. (``ACS''), licensee of the 15 above-referenced LPTV stations and the registered owner of Antenna Structure Registration Number 1204036, has apparently violated section 503(b) of the Communications Act of 1934 (``Act''), as amended, and Section 74.780, and 73.3538 of the Federal Communications Commission's Rules (FCC rules), by changing the location of the antenna, the overall height above ground of the antenna structure (AGL), the height of antenna radiation center above ground, and the height above mean sea level of the 15 above-referenced station, without prior authorization granted by the Commission. We conclude that ACS is apparently liable for
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- ``Wireless Radio Services'' as ``[a]ll radio services authorized in parts. . .74. . . of this chapter, whether commercial or private in nature.'' We also note that Section 74.751(b)(2) of the Rules provides that formal application using FCC Form 346 is required for any change in the transmitting antenna system, including the direction of radiation and directive antenna pattern. Section 73.3538(a)(4) of the Rules, which applies to Part 74 stations pursuant to 47 C.F.R. § 74.780, provides that prior authority is required for ``[a]ny change in the location, height, or directional radiating characteristics of the antenna or antenna system.'' 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. §
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- (4) The curves drawn for each radial and the field strength pattern. (5) The antenna resistance at the operating frequency. (6) Antenna current or currents maintained during field strength measurements. (c) Maps showing each measurement point numbered to agree with the required tabulation shall be retained in the station records and shall be available to the FCC upon request. Section 73.3538 is amended by deleting subsection (b)(1) and renumbering the subsequent sections, as follows: ***** § 73.3538 Application to make changes in an existing station. (b) An informal application filed in accordance with Sec. 73.3511 is to be used to obtain authority to make the following changes in the station authorization: (1) To modify or discontinue the obstruction marking or lighting
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- 73.3534(b)(1996). That process has since been replaced with a construction period of three unencumbered years. See Streamlining of Mass Media Applications, 13 FCC Rcd 23056 (1998), recon. granted in part and denied in part, 14 FCC Rcd 17525 (1999). Under the revised rules, loss of financing is no longer a ground for receipt of additional time. See 47 C.F.R. § 73.3538(b). Specifically, the staff found that under the principles enunciated in Horseshoe Bay Centex Broadcasting Co., 5 FCC Rcd 7125 (1990), HarryCo's loss of financing after refusal of its creditors to meet a lender requirement would be viewed as HarryCo's own inability to meet its loan commitment rather than as an external event beyond its control. Letter from Chief, Audio Division,
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- In the TV and DTV broadcasting services, applicants file separately for a construction permit and a license to operate a facility when construction is completed. Licensees may also file applications for construction permits to modify their stations' facilities. When applications are granted, the facilities are authorized by a construction permit or license. See, e.g., 47 C.F.R. §§ 73.3533, 73.3536, and 73.3538. Some commenters request that we more narrowly limit interference protection to broadcasters in the 700 MHz band. See APSCO Comments at 2. See also Access Spectrum Comments at 10-11; NYS-OFT Comments at 14-15. Sinclair Comments at 13. In limited circumstances we will grant interference protection beyond the replication/maximization dates for stations granted construction extension waivers. See section IV.B., supra. In
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- to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. In the Second DTV Periodic Report and Order, the Commission noted that it would continue to process rulemakings in which a Notice of Proposed Rulemaking (``NPRM'') had been issued prior to the adoption of the Second DTV Periodic Report and Order, but ordered the dismissal of all pending petitions to change the NTSC Table of Allotments (``NTSC Table'') in which
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- to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. In the Seventh Report and Order, we denied seven requests of stations seeking a waiver of the filing freeze, except for one station which demonstrated unique circumstances. Seventh Report and Order, 22 FCC Rcd at 15618-9, ¶ 90. Seventh Report and Order at apps. A and B. See also 47 C.F.R. § 73.622(i). Approximately 123 stations have filed petitions for
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- for additional time to construct DTV facilities with construction deadlines occurring post-transition, i.e., February 17, 2009 and later). See 47 C.F.R. §73.3598(b) (rule for analog CPs and singletons). See infra discussion of application requirements in section V.D. Stations seeking to modify an existing license or authorization should use FCC Form 301 or 340; see 47 C.F.R. §§ 73.1615, 73.1690(b), 73.3533, 73.3538. See list of stations in Appendix D, infra. We remind stations of their continuing obligation to notify the Commission concerning changes in their facilities. See, e.g., 47 C.F.R. §§ 1.65, 73.1690, 73.3533, 73.3538. Stations are expected to comply with the rules and may refer to adjustments in their facilities as described in the new DTV Table Appendix B in their
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- to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze did not prevent the processing of pending applications. See id.; see also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. On May 30, 2008, the Commission lifted this freeze. That action effectively allowed stations to file applications for maximization of their facilities and any desired channel changes, immediately and the Commission encouraged stations to file promptly. That action did not, however, lift the current freeze on filing of petitions for allotment of DTV channels for new stations, or for changes
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- to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. In the Second DTV Periodic Report and Order, the Commission noted that it would continue to process rulemakings in which a Notice of Proposed Rulemaking (``NPRM'') had been issued prior to the adoption of the Second DTV Periodic Report and Order, but ordered the dismissal of all pending petitions to change the NTSC Table of Allotments (``NTSC Table'') in which
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- "Wireless Radio Services" as "[a]ll radio services authorized in parts. . .74. . . of this chapter, whether commercial or private in nature." We also note that Section 74.751(b)(2) of the Rules provides that formal application using FCC Form 346 is required for any change in the transmitting antenna system, including the direction of radiation and directive antenna pattern. Section 73.3538(a)(4) of the Rules, which applies to Part 74 stations pursuant to 47 C.F.R. S: 74.780, provides that prior authority is required for "[a]ny change in the location, height, or directional radiating characteristics of the antenna or antenna system." 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:
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- ) Anchorage, Alaska ) FORFEITURE ORDER Adopted: July 30, 2002 Released: August 1, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to ACS Television, L.L.C. (``ACS''), licensee of the captioned low power television (``LPTV'') stations, for willful violation of Sections 74.780, 73.3538(a)(1), and 73.3538(a)(4) of the Commission's Rules (``Rules'').1 The violations involve ACS's change in the location of the antenna, the overall height above ground of the antenna structure, the height of antenna radiation center above ground, and the height above mean sea level of the 15 above referenced LPTV stations, without prior authorization granted by the Commission. 2. On January 22,
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- 47 U.S.C. 303(q). 11See, e.g., Spectrasite Communications, Inc. 18 FCC Rcd 22799, 22800 (2003). 12Section 17.2(c) of the Rules, 47 C.F.R. 17.2(c). 13See AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21875 - 76 (2002). 14See, e.g., ACS Television, L.L.C., 17 FCC Rcd 14586 (EB 2002) (Issuing a $11,000 forfeiture against ACS Television, L.L.C. for willful violation of Section 74.780, 73.3538(a)(1) and 73.3538(a)(4) of the Rules); Notice of Violation: ACS of Anchorage License Sub, Inc., NOV No. V20053278002, (Enf. Bur., Western Region, Anchorage Resident Agent Office, released October 12, 2004.) 15See Section 17.23 of the Rules, 47 C.F.R. 17.23 (Antenna structures must conform to the Federal Aviation Administration's (``FAA's'') painting and lighting recommendations set forth on the structure's FAA determination of
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- South Carolina ) FORFEITURE ORDER Adopted: July 6, 2000 Released: July 7, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against Morradio, Inc., licensee of AM Station WLMA, Greenwood, South Carolina, for willful and repeated violation of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. The noted violations involve Morradio's changes in its antenna structure location without a construction permit and failure to install and maintain Emergency Alert System equipment. 2. On January 24, 2000, the District Director of the Atlanta Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars ($12,000) to
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- A. Brothers, Berkley, MI. $11,000 NAL. Detroit, MI District Office (1/14/02). * CTI of Miami, Inc., Miami, FL. $ 17,000 NAL. Other violations: 47 U.S.C. 302a (Devices Which Interfere With Radio Reception) and 47 C.F.R. 2.803 (Marketing of Radio Frequency Devices Prior to Equipment Authorization). Tampa, FL District Office (1/24/02). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.3538 Application to Make Changes in an Existing Station * ACS Television LLC, Eagle River, AK. $13,000 NAL. Other violation: 47 C.F.R. 74.780 (Broadcast Regulations Applicable to Translators, Low Power, and Booster Stations). Anchorage, AK Resident Agent Office (1/22/02). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Mt. Rushmore Broadcasting, Inc., Custer, SD (KAWK-FM, Facility ID #43916).
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- San Francisco, CA District Office (2/14/02). * Triple J Community Broadcasting, L.L.C., Hazelton, PA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.1840 (Retention of Logs). Philadelphia, PA District Office (2/14/02). * S.G. Communications, Inc., Franklin, TN. Other violations: 47 C.F.R. 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal), 73.1745 (Unauthorized Operation), 73.1820 (Station Log) and 73.3538 (Application to Make Changes in an Existing Station). Atlanta, GA District Office (2/21/02). * Florida Public Radio, Inc., Titusville, FL. Tampa, FL District Office (2/27/02). * Gore-Overgaard Broadcasting, Inc., Vero Beach, FL. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Tampa, FL District Office (2/28/02). * Public Radio, Inc., Holly Hill, FL. Tampa, FL District Office (2/28/02). * 47
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- Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 47 C.F.R. Part 11 (Emergency Alert System Rules) 47 C.F.R. § 11.35 (Equipment Operational Readiness) Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 (unlicensed operation of a station) Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA Office (3/22/00).
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- 47 C.F.R. § 73.1230 - Broadcasting Emergency Information WNUS, Inc., WLTP, Parkersburg, WV. Columbia, MD District Office (4/27/01). 47 C.F.R. § 73.1590 - Equipment Performance Measurements Burbach of DE, LLC, WKYG, Parkersburg, WV. Columbia, MD District Office (4/27/01). 47 C.F.R. § 73.1870 - Chief Operator Clear Channel Communications, WQHQ/WLVW/WSBY-FM, WTGM/WJDY-AM, Salisbury, MD. Columbia, MD District Office (4/27/01). 47 C.F.R. § 73.3538 -Application to Make Changes in an Existing Station ACS Television, L.L.C., Anchorage, AK. Other violation: 47 C.F.R. § 74.780 (Broadcast Regulations Applicable to Translators, Low Power, and Booster Stations). Anchorage, AK Resident Agent Office (4/19/01). 47 C.F.R. Part 74 - Experimental Radio, Auxiliary Special Broadcast and Other Program Distributional Services 47 C.F.R. § 74.765 - Posting of Station and Operator
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- (5/14/01). Arizona Western College KAWC(AM), Yuma, AZ San Diego, CA District Office (5/16/01). Arizona Western College KAWC-FM, Yuma, AZ. San Diego, CA District Office (5/16/01). Gulf Coast Broadcasting Company, Inc., Orange Beach, AL. Other violations: 47 C.F.R. §§ 73.58 (Indicating Instruments), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations), and 73.3538 (Application to Make Changes in an Existing Station). Atlanta, GA District Office (5/18/01). Southern Media Communications, Inc., Bay Minette, AL. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 73.1230 (Posting of Station License), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (5/18/01). WBJX, Inc.,
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- 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 renewal of license. [632]TEXT [633]PDF 73.3540 Application for voluntary assignment or transfer of control. [634]TEXT [635]PDF 73.3541 Application for involuntary assignment of license or transfer of control. [636]TEXT [637]PDF 73.3542 Application for emergency authorization. [638]TEXT [639]PDF 73.3543 Application for renewal or modification of special service authorization. [640]TEXT
- http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.doc http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.pdf
- to read as follows: ( 73.3536 (b) (1) (i) Form 302-AM for AM stations, "Application for New AM Station Broadcast License" (ii) Form 302-FM for FM stations, "Application for FM Station License" (iii) Form 302-TV for television stations, "Application for TV Station Broadcast License." Section 73.3537 is revised to read as follows: ( 73.3537 See ( 73.1675, "Auxiliary Facility". Section 73.3538 is revised to read as follows: ( 73.3538 Where prior authority is required from the FCC to make changes in an existing station, the following procedures shall be used to request that authority: (a) An application for construction permit using the forms listed in ( 73.3533 must be filed for authority to: (1) Make any of the changes listed in
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- Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 47 C.F.R. Part 11 (Emergency Alert System Rules) 47 C.F.R. § 11.35 (Equipment Operational Readiness) Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 (unlicensed operation of a station) Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA Office (3/22/00).
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- South Carolina ) FORFEITURE ORDER Adopted: July 6, 2000 Released: July 7, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against Morradio, Inc., licensee of AM Station WLMA, Greenwood, South Carolina, for willful and repeated violation of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. The noted violations involve Morradio's changes in its antenna structure location without a construction permit and failure to install and maintain Emergency Alert System equipment. 2. On January 24, 2000, the District Director of the Atlanta Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars ($12,000) to
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000813.doc
- Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 47 C.F.R. Part 11 (Emergency Alert System Rules) 47 C.F.R. § 11.35 (Equipment Operational Readiness) Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 (unlicensed operation of a station) Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA Office (3/22/00).
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- (4) The curves drawn for each radial and the field strength pattern. (5) The antenna resistance at the operating frequency. (6) Antenna current or currents maintained during field strength measurements. (c) Maps showing each measurement point numbered to agree with the required tabulation shall be retained in the station records and shall be available to the FCC upon request. Section 73.3538 is amended by deleting subsection (b)(1) and renumbering the subsequent sections, as follows: ***** § 73.3538 Application to make changes in an existing station. (b) An informal application filed in accordance with Sec. 73.3511 is to be used to obtain authority to make the following changes in the station authorization: (1) To modify or discontinue the obstruction marking or lighting
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- 90.113 of the Commission's Rules. By Forfeiture Order. Action by Chief, Enforcement Bureau. Adopted: July 6, 2000. (DA No. 00-1524). ENF Internet URL: [18]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001524.doc MORRADIO, INC. WLMA(AM), GREENWOOD, SOUTH CAROLINA. Issued a monetary forfeiture in the amount of $12,000 against Morradio, Inc., licensee of AM Station WLMA, Greenwood, South Carolina for willful and repeated violation of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. By Forfeiture Order. Action by Chief, Enforcement Bureau. Adopted: July 6, 2000. (DA No. 00-1523). ENF Internet URL: [19]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001523.doc GLO GEM PRODUCTIONS, INC. V. METRONET-TELECOM, INC. F/K/A, EXECUTONE-METRONET, INC. Denied Glo Gem's formal complaint against Metronet and terminated proceeding effective upon the Release Date of this Order. Action by Chief, Enforcement Bureau. Adopted: July 6, 2000.
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- WRHC(AM), Miami, Florida, for willful violation of Section 11.35(a) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 07/29/2002 by Forfeiture Order. (DA No. 02-1835). EB [40]DA-02-1835A1.doc [41]DA-02-1835A1.pdf [42]DA-02-1835A1.txt ACS TELEVISION, L.L.C. Issued a monetary forfeiture in the amount of $11,000 to ACS licensee of the captioned low power television stations, for willful violation of Sections 74.780, 73,3538(a)(1), and 73.3538(a)(4) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 07/30/2002 by Forfeiture Order. (DA No. 02-1844). EB [43]DA-02-1844A1.doc [44]DA-02-1844A1.pdf [45]DA-02-1844A1.txt NEW WAVE BROADCASTING, L.P. Issued a monetary forfeiture in the amount of $2,000 to New Wave Broadcasting, L.P., licensee of Station KPOI-FM, Honolulu, Hawaii, for willful and repeated violation of Section 11.61(a)(1)(v) of the Commission's Rules. Action by: Chief,
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- 20554 In the matter of ) ) Morradio, Inc. ) File Number: EB-00-AT-061 WLMA(AM) ) Greenwood, SC ) NAL/Acct. No.: X3248002 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 30, 2000 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Morradio, Inc. (``Morradio'') has apparently violated sections 73.1690(b), 73.3538(a)(4) and 11.35(a) of the Commission's Rules1 for failure to license changes in the antenna structure location and failure to install and maintain emergency alert system (``EAS'') equipment. We conclude that Morradio is apparently liable for forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND 2. Radio station WLMA(AM) is licensed to broadcast on 1350 kHz in Greenwood, SC.
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- Anchorage Resident Agent Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that ACS Television, L.L.C. (``ACS''), licensee of the 15 above-referenced LPTV stations and the registered owner of Antenna Structure Registration Number 1204036, has apparently violated section 503(b) of the Communications Act of 1934 (``Act''), as amended1, and Section 74.780, and 73.3538 of the Federal Communications Commission's Rules (FCC rules)2, by changing the location of the antenna, the overall height above ground of the antenna structure (AGL), the height of antenna radiation center above ground, and the height above mean sea level of the 15 above-referenced station, without prior authorization granted by the Commission. We conclude that ACS is apparently liable for
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- "Wireless Radio Services" as "[a]ll radio services authorized in parts. . .74. . . of this chapter, whether commercial or private in nature." We also note that Section 74.751(b)(2) of the Rules provides that formal application using FCC Form 346 is required for any change in the transmitting antenna system, including the direction of radiation and directive antenna pattern. Section 73.3538(a)(4) of the Rules, which applies to Part 74 stations pursuant to 47 C.F.R. S: 74.780, provides that prior authority is required for "[a]ny change in the location, height, or directional radiating characteristics of the antenna or antenna system." 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:
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- ) Anchorage, Alaska ) FORFEITURE ORDER Adopted: July 30, 2002 Released: August 1, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to ACS Television, L.L.C. (``ACS''), licensee of the captioned low power television (``LPTV'') stations, for willful violation of Sections 74.780, 73.3538(a)(1), and 73.3538(a)(4) of the Commission's Rules (``Rules'').1 The violations involve ACS's change in the location of the antenna, the overall height above ground of the antenna structure, the height of antenna radiation center above ground, and the height above mean sea level of the 15 above referenced LPTV stations, without prior authorization granted by the Commission. 2. On January 22,
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- 47 U.S.C. 303(q). 11See, e.g., Spectrasite Communications, Inc. 18 FCC Rcd 22799, 22800 (2003). 12Section 17.2(c) of the Rules, 47 C.F.R. 17.2(c). 13See AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21875 - 76 (2002). 14See, e.g., ACS Television, L.L.C., 17 FCC Rcd 14586 (EB 2002) (Issuing a $11,000 forfeiture against ACS Television, L.L.C. for willful violation of Section 74.780, 73.3538(a)(1) and 73.3538(a)(4) of the Rules); Notice of Violation: ACS of Anchorage License Sub, Inc., NOV No. V20053278002, (Enf. Bur., Western Region, Anchorage Resident Agent Office, released October 12, 2004.) 15See Section 17.23 of the Rules, 47 C.F.R. 17.23 (Antenna structures must conform to the Federal Aviation Administration's (``FAA's'') painting and lighting recommendations set forth on the structure's FAA determination of
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- South Carolina ) FORFEITURE ORDER Adopted: July 6, 2000 Released: July 7, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against Morradio, Inc., licensee of AM Station WLMA, Greenwood, South Carolina, for willful and repeated violation of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. The noted violations involve Morradio's changes in its antenna structure location without a construction permit and failure to install and maintain Emergency Alert System equipment. 2. On January 24, 2000, the District Director of the Atlanta Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars ($12,000) to
- http://www.fcc.gov/eb/Public_Notices/DA-02-402A1.html
- A. Brothers, Berkley, MI. $11,000 NAL. Detroit, MI District Office (1/14/02). * CTI of Miami, Inc., Miami, FL. $ 17,000 NAL. Other violations: 47 U.S.C. 302a (Devices Which Interfere With Radio Reception) and 47 C.F.R. 2.803 (Marketing of Radio Frequency Devices Prior to Equipment Authorization). Tampa, FL District Office (1/24/02). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.3538 Application to Make Changes in an Existing Station * ACS Television LLC, Eagle River, AK. $13,000 NAL. Other violation: 47 C.F.R. 74.780 (Broadcast Regulations Applicable to Translators, Low Power, and Booster Stations). Anchorage, AK Resident Agent Office (1/22/02). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Mt. Rushmore Broadcasting, Inc., Custer, SD (KAWK-FM, Facility ID #43916).
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- San Francisco, CA District Office (2/14/02). * Triple J Community Broadcasting, L.L.C., Hazelton, PA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.1840 (Retention of Logs). Philadelphia, PA District Office (2/14/02). * S.G. Communications, Inc., Franklin, TN. Other violations: 47 C.F.R. 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal), 73.1745 (Unauthorized Operation), 73.1820 (Station Log) and 73.3538 (Application to Make Changes in an Existing Station). Atlanta, GA District Office (2/21/02). * Florida Public Radio, Inc., Titusville, FL. Tampa, FL District Office (2/27/02). * Gore-Overgaard Broadcasting, Inc., Vero Beach, FL. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Tampa, FL District Office (2/28/02). * Public Radio, Inc., Holly Hill, FL. Tampa, FL District Office (2/28/02). * 47
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- Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 47 C.F.R. Part 11 (Emergency Alert System Rules) 47 C.F.R. § 11.35 (Equipment Operational Readiness) Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $12,000 NAL issue for violation of 47 C.F.R. § 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. §§ 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 (unlicensed operation of a station) Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John Goodridge Snead, Jr., Virgilina, Virginia. NOV also issued for violation of 47 U.S.C. § 333 (malicious interference). Norfolk, VA Office (3/22/00).
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- 47 C.F.R. § 73.1230 - Broadcasting Emergency Information WNUS, Inc., WLTP, Parkersburg, WV. Columbia, MD District Office (4/27/01). 47 C.F.R. § 73.1590 - Equipment Performance Measurements Burbach of DE, LLC, WKYG, Parkersburg, WV. Columbia, MD District Office (4/27/01). 47 C.F.R. § 73.1870 - Chief Operator Clear Channel Communications, WQHQ/WLVW/WSBY-FM, WTGM/WJDY-AM, Salisbury, MD. Columbia, MD District Office (4/27/01). 47 C.F.R. § 73.3538 -Application to Make Changes in an Existing Station ACS Television, L.L.C., Anchorage, AK. Other violation: 47 C.F.R. § 74.780 (Broadcast Regulations Applicable to Translators, Low Power, and Booster Stations). Anchorage, AK Resident Agent Office (4/19/01). 47 C.F.R. Part 74 - Experimental Radio, Auxiliary Special Broadcast and Other Program Distributional Services 47 C.F.R. § 74.765 - Posting of Station and Operator
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- (5/14/01). Arizona Western College KAWC(AM), Yuma, AZ San Diego, CA District Office (5/16/01). Arizona Western College KAWC-FM, Yuma, AZ. San Diego, CA District Office (5/16/01). Gulf Coast Broadcasting Company, Inc., Orange Beach, AL. Other violations: 47 C.F.R. §§ 73.58 (Indicating Instruments), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations), and 73.3538 (Application to Make Changes in an Existing Station). Atlanta, GA District Office (5/18/01). Southern Media Communications, Inc., Bay Minette, AL. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 73.1230 (Posting of Station License), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (5/18/01). WBJX, Inc.,
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- (4) The curves drawn for each radial and the field strength pattern. (5) The antenna resistance at the operating frequency. (6) Antenna current or currents maintained during field strength measurements. (c) Maps showing each measurement point numbered to agree with the required tabulation shall be retained in the station records and shall be available to the FCC upon request. Section 73.3538 is amended by deleting subsection (b)(1) and renumbering the subsequent sections, as follows: ***** § 73.3538 Application to make changes in an existing station. (b) An informal application filed in accordance with Sec. 73.3511 is to be used to obtain authority to make the following changes in the station authorization: (1) To modify or discontinue the obstruction marking or lighting
- http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.pdf
- to read as follows: ( 73.3536 (b) (1) (i) Form 302-AM for AM stations, "Application for New AM Station Broadcast License" (ii) Form 302-FM for FM stations, "Application for FM Station License" (iii) Form 302-TV for television stations, "Application for TV Station Broadcast License." Section 73.3537 is revised to read as follows: ( 73.3537 See ( 73.1675, "Auxiliary Facility". Section 73.3538 is revised to read as follows: ( 73.3538 Where prior authority is required from the FCC to make changes in an existing station, the following procedures shall be used to request that authority: (a) An application for construction permit using the forms listed in ( 73.3533 must be filed for authority to: (1) Make any of the changes listed in
- http://www.fcc.gov/mb/audio/bickel/amfmrule.html
- 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 renewal of license. [632]TEXT [633]PDF 73.3540 Application for voluntary assignment or transfer of control. [634]TEXT [635]PDF 73.3541 Application for involuntary assignment of license or transfer of control. [636]TEXT [637]PDF 73.3542 Application for emergency authorization. [638]TEXT [639]PDF 73.3543 Application for renewal or modification of special service authorization. [640]TEXT
- http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
- 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 renewal of license. [585]TEXT [586]PDF 73.3540 Application for voluntary assignment or transfer of control. [587]TEXT [588]PDF 73.3541 Application for involuntary assignment of license or transfer of control. [589]TEXT [590]PDF 73.3542 Application for emergency authorization. [591]TEXT [592]PDF 73.3543 Application for renewal or modification of special service authorization. [593]TEXT