FCC Web Documents citing 73.503

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-713A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-713A1.pdf
  • we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and CSSI Non-Profit Educational Broadcasting Corporation (``CSSI''), licensee of Noncommercial Educational Stations KSQX(FM), Springtown, Texas, KMQX(FM), Weatherford, Texas, and KYQX(FM), Weatherford, Texas. The Consent Decree terminates an investigation by the Bureau into whether CSSI violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by CSSI of underwriting acknowledgments over the stations. The Bureau and CSSI have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-713A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-713A2.pdf
  • in connection with its operation of the Stations during the period February through April 2005; ``Parties'' means the Bureau and CSSI; ``Licenses'' means all authorizations, permits and licenses issued by the Commission in connection with the operation of the Stations; ``Licensee'' means the holder of the Licenses; ``Alleged Violations'' means alleged violations of Section 399(b) of the Act and Section 73.503(d) of the Rules by CSSI, as described in this Consent Decree; and p. ``Underwriting Laws'' means Section 399B of the Communications Act of 1934, 47 U.S.C. � 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. � 73.503(d). III. BACKGROUND On or about September 6, 2005, the Bureau received a complaint alleging that the Stations had aired prohibited underwriting
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-916A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-916A1.pdf
  • the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Navajo Missions, Inc. (``NMI''), licensee of Noncommercial Educational Station KNMI(FM), Farmington, New Mexico. The Consent Decree terminates an investigation by the Bureau into whether NMI violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by NMI of underwriting acknowledgments over the stations. The Bureau and NMI have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-916A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-916A2.pdf
  • the operation of the Station; ``Licensee'' means the holder of the License; ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. Section 151 et seq.; ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; ``Underwriting Laws'' means Section 399B of the Communications Act of 1934, 47 U.S.C. � 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. � 73.503(d). ``Adopting Order'' means an order of the Bureau adopting this Consent Decree; ``Effective Date'' means the date on which the Adopting Order is released; ``Consultant'' means a outside professional adviser who is expert in Underwriting Laws and issues and who is retained by the Licensee; ``Investigation'' means the investigation conducted by the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1092A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1092A1.pdf
  • I. INTRODUCTION By this Forfeiture Order, we impose a forfeiture of $9,000 on Christian Voice of Central Ohio, Inc. (``Christian Voice''), licensee of formerly noncommercial educational television Station WCVZ(FM), South Zanesville, Ohio, for its willful and repeated broadcast of advertisements over the station, in violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules. We take this action pursuant to 47 U.S.C. � 503(b)(1)(D) and 47 C.F.R. � 1.80(f)(4). II. BACKGROUND 2. This case arises from a complaint filed with the Commission in September 2003, alleging that then-noncommercial educational Station WCVZ(FM) broadcast prohibited underwriting announcements during the month of August 2003. In April 2004, after the complaint had been filed,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1350A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1350A1.pdf
  • Adopted: June 11, 2008 Released: June 11, 2008 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and WNYC Radio (``WNYC''). The Consent Decree terminates an investigation by the Bureau against WNYC for possible violations of section 399B of the Communications Act of 1934, as amended, and section 73.503(d) of the Commission's rules regarding the broadcast by WNYC of underwriting acknowledgments over Stations WNYC(AM) and WNYC-FM, New York, New York. The Bureau and WNYC have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-446A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-446A1.pdf
  • Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Long Pond Baptist Church (``Long Pond''), licensee of Noncommercial Educational Station WTBH(FM), Chiefland, Florida. The Consent Decree terminates an investigation by the Bureau into whether Long Pond violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by Long Pond of underwriting acknowledgments over its Station. The Bureau and Long Pond have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-527A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-527A1.pdf
  • In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Southern Rhode Island Public Radio Broadcasting, Inc. (``SRIPRB''), licensee of Noncommercial Educational Station WKIV(FM), Westerly, Rhode Island. The Consent Decree terminates an investigation by the Bureau into whether SRIPRB violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by SRIPRB of underwriting acknowledgments over the stations. The Bureau and SRIPRB have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-527A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-527A2.pdf
  • the operation of the Station; ``Licensee'' means the holder of the License; ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. Section 151 et seq.; ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; ``Underwriting Laws'' means Section 399B of the Communications Act of 1934, 47 U.S.C. � 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. � 73.503(d); ``Adopting Order'' means an order of the Bureau adopting this Consent Decree; ``Effective Date'' means the date on which the Adopting Order is released; ``Investigation'' means the investigation conducted by the Bureau regarding compliance by Southern with the Act and the Rules governing underwriting announcements by noncommercial educational broadcast stations in connection
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1437A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1437A1.pdf
  • Adopted: June 26, 2009 Released: June 26, 2009 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we impose a monetary forfeiture of $2,000 against Cayuga County Community College (``Cayuga'' or ``Licensee''), licensee of noncommercial educational Station WDWN (FM), Auburn, New York, (``Station''), for violating Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules by broadcasting advertisements over the Station. background 2. On August 26, 2005, Mr. Jim Seward filed a complaint with the Commission, alleging that noncommercial educational Station WDWN (FM) had aired prohibited commercial announcements during its August 13, 2005, broadcast of an Auburn Doubledays baseball game. 3. Following Mr. Seward's complaint, the Enforcement Bureau (``Bureau''), by letter
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1511A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1511A1.pdf
  • July 8, 2009 Released: July 8, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we impose a monetary forfeiture of $6,000 against Lancaster Educational Broadcasting Foundation (``Lancaster'' or ``Licensee''), licensee of noncommercial educational Station WFCO(FM), Lancaster, Ohio, for violating Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules by broadcasting prohibited advertisements over the Station. background 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WFCO(FM) broadcast prohibited underwriting announcements during its broadcast of Capital University college football games during the 2006 season. Thereafter, the Bureau inquired of the licensee concerning the allegations contained in the complaint.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1569A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1569A1.pdf
  • 0006560650 FORFEITURE ORDER Adopted: July 21, 2009 Released: July 21, 2009 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we impose a monetary forfeiture of $6,000 against Power Radio Corporation (``PRC'' or ``Licensee''), licensee of noncommercial educational Station KXPW-LP, Georgetown, Texas (``Station''), for violating Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules by broadcasting advertisements over the Station. background 2. This case arises from a complaint made to the Commission in November 2003, alleging that noncommercial educational Station KXPW-LP broadcast prohibited underwriting announcements on July 16, 2003. Thereafter, the Enforcement Bureau (``Bureau'') inquired of the Licensee concerning the allegations contained in the complaint. PRC responded to the August
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1577A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1577A1.pdf
  • By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Pontifical Catholic University of Puerto Rico Service Association, Inc. (``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Station WPUC-FM, Ponce, Puerto Rico (the ``Station''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1596A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1596A1.pdf
  • 2 supra, Chladek certified in 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-09-1733A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1733A1.pdf
  • 0001824077 FORFEITURE ORDER Adopted: July 31, 2009 Released: July 31, 2009 By the Chief, Enforcement Bureau: INTRODUCTION 1. In this Forfeiture Order, we impose a monetary forfeiture of $4,500 against Jones College (``Jones'' or ``Licensee''), licensee of noncommercial educational Station WKTZ-FM, Jacksonville, Florida (``Station''), for violating Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's Rules by broadcasting advertisements over the Station. background 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WKTZ-FM had broadcast prohibited advertisements. Following the complaint, agency monitoring and recording of station broadcasts was conducted on July 2 and 9, 2005. Thereafter, the Enforcement Bureau (``Bureau'') inquired of the Licensee concerning
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1832A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1832A1.pdf
  • 2009 Released: August 25, 2009 By the Acting Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we impose a monetary forfeiture of $2,000 against Ministerio Radial Cristo Viene Pronto, Inc. (``Ministerio'' or ``Licensee''), licensee of noncommercial educational Station WCRP (FM), Guayama, Puerto Rico (``Station''), for violating Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules by broadcasting prohibited advertisements over the Station. background 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WCRP(FM) broadcast prohibited underwriting announcements on or about October 25, 2006. Thereafter, the Bureau inquired of the Licensee concerning the allegations contained in the complaint. Ministerio responded substantively to the LOI on
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2011A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2011A1.pdf
  • Released: September 25, 2009 By the Acting Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Daystar Public Radio, Inc. (``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Station WKSG(FM), Cedar Creek (the ``Station''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2011A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2011A2.pdf
  • ID No. 9714 NAL Account No. 200932080052 FRN No. 0005795976 CONSENT DECREE 1. The Enforcement Bureau (``Bureau'') and Daystar Public Radio, Inc. (``Licensee''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referred investigation into whether the Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by the Licensee of underwriting acknowledgments over its noncommercial educational Station WKSG(FM), Cedar Creek, Florida. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' or ``Order'' means an Order
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2064A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2064A1.pdf
  • December 9, 2009 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Payson Council for the Musical Arts, Inc. (``Licensee''). The Consent Decree terminates an investigation by the Bureau against Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by Licensee of underwriting acknowledgments over Station KRIM-LP, Payson, Arizona (the ``Station''). The Bureau and Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2064A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2064A2.pdf
  • 201032080009 Facility ID No. 134059 FRN No. 0004296174 CONSENT DECREE 1. The Enforcement Bureau (``Bureau'') and Payson Council for the Musical Arts, Inc. (``Licensee''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referenced investigation into whether Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, KRIM-LP, Payson, Arizona. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' means an Order by
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2146A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2146A1.pdf
  • November 6, 2009 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Long Island University Public Radio Network (``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Stations WLIU(FM), Southampton, NY and WCWP(FM), Brookville, NY (the ``Stations''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-216A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-216A1.pdf
  • 10, 2009 Released: February 10, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Lancaster Educational Broadcasting Foundation (``Lancaster''), licensee of noncommercial educational Station WFCO(FM), Lancaster, Ohio, has apparently violated Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503 of the Commission's rules, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Lancaster is apparently liable for a monetary forfeiture in the amount of seven thousand five hundred dollars ($7,500). II. BACKGROUND 2. This case arises from a complaint made to the Commission alleging that noncommercial
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-25A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-25A1.pdf
  • 2009 Released: January 16, 2009 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and American Institute for Jewish Education (``AIJE''). The Consent Decree terminates an investigation by the Bureau against AIJE for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by AIJE of underwriting acknowledgments over Station WMDI-LP, Lakewood, New Jersey (the ``Station''). The Bureau and AIJE have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-25A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-25A2.pdf
  • ) EB-07-IH-4917 Facility ID No. 134469 NAL/Account No. 200932080018 FRN 0008568065 CONSENT DECREE 1. The Enforcement Bureau (``Bureau'') and American Institute for Jewish Education (``AIJE''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into whether AIJE violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by AIJE of underwriting acknowledgments over its noncommercial educational Station WMDI-LP, Lakewood, New Jersey. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' means an Order by the Bureau
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-47A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-47A1.pdf
  • 16, 2009 Released: January 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Jones College, licensee of noncommercial educational Station WKTZ-FM, Jacksonville, Florida, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Jones College is apparently liable for a monetary forfeiture in the amount of $5,000. II. BACKGROUND 2. This case arises from a complaint made to the Commission's Tampa Office on June 24, 2005, alleging that noncommercial educational Station WKTZ-FM had broadcast
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-48A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-48A1.pdf
  • January 16, 2009 Released: January 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Ministerio Radial Cristo Viene Pronto, Inc., (``Ministerio''), licensee of noncommercial educational Station WCRP(FM), Guayama, Puerto Rico, has apparently violated Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503 of the Commission's rules, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Ministerio is apparently liable for a monetary forfeiture in the amount of $2,500. II. BACKGROUND 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WCRP(FM) broadcast prohibited
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-49A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-49A1.pdf
  • and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Independence Public Media of Philadelphia, Inc. (``Independence''), licensee of noncommercial educational television Station WYBE(TV), Philadelphia, Pennsylvania, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Independence is apparently liable for a monetary forfeiture in the amount of two thousand five hundred dollars ($2,500). II. BACKGROUND 2. This case arises from a complaint made to the Commission on October 18, 2006, alleging that noncommercial educational television Station
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-50A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-50A1.pdf
  • 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cayuga County Community College (``Cayuga''), licensee of noncommercial educational Station WDWN(FM), Auburn, New York, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Cayuga is apparently liable for a monetary forfeiture in the amount of $2,500. II. BACKGROUND 2. This case arises from a complaint made to the Commission on August 26, 2005, alleging that noncommercial educational Station WDWN(FM) had aired prohibited commercial announcements
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-51A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-51A1.pdf
  • Released: March 18, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Power Radio Corporation (``PRC''), licensee of noncommercial educational Station KXPW-LP, Georgetown, Texas, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Sections 73.503 and 73.801 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that PRC is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000). II. BACKGROUND 2. This case arises from a complaint made to the Commission in November 2003, alleging that noncommercial educational Station KXPW-LP broadcast
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-790A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-790A1.pdf
  • Halifax for violations of Section 73.845 of the Commission's Rules (``Rules'') and Section 301 of the Communications Act of 1934, as amended (``Act''), regarding Halifax's operation of its station in a manner inconsistent with its station authorization and its operation of an unlicensed radio transmitter. The Consent Decree also terminates an investigation by the Bureau of possible violations of Section 73.503(b) of the Rules and Section 399(b) of the Act, regarding Halifax's broadcast of announcements in violation of the Commission's underwriting rules. The Bureau and Halifax have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1077A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1077A1.pdf
  • Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that National Farm Workers Service Center, Inc. (the ``Licensee''), licensee of noncommercial educational Station KUFW(FM), Woodlake, California (the ``Station''), willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of $12,500. II. BACKGROUND On August 30, 2006, the Enforcement Bureau's (the ``Bureau's'') San Francisco Field Office conducted an inspection of the Station and recorded a segment of its
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2313A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2313A1.pdf
  • 2010 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Tri-State Public Communications, Inc. (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 317, 399B, and 507 of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.1212 of the Commission's Rules regarding the broadcast of sponsorship identification and underwriting announcements over Station WHDD-FM, Sharon, Connecticut (the ``Station''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree
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  • 2010 Released: April 27, 2010 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and WAY-FM Media Group, Inc. (``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Station KXWA(FM), Loveland, Colorado (the ``Station''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating
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  • ID No. 89401 NAL Account No. 201032080014 FRN No. 0004995288 CONSENT DECREE 1. The Enforcement Bureau (``Bureau'') and WAY-FM Media Group, Inc. (``Licensee''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referred investigation into whether the Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by the Licensee of underwriting acknowledgments over its noncommercial educational Station KXWA(FM), Loveland, Colorado. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' or ``Order'' means an Order by
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  • 2010 Released: April 28, 2010 By Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Hazard Community Broadcasting (``Licensee''). The Consent Decree terminates an investigation by the Bureau against Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, WLZD-LP, Hazard, Kentucky (the ``Station''). The Bureau and Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of
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  • EB-07-IH-9198 NAL Account No. 201032080023 Facility ID No. 135664 FRN No. 0007570310 CONSENT DECREE 1. The Enforcement Bureau (``Bureau'') and Hazard Community Broadcasting (``Licensee''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referenced investigation into whether Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, WLZD-LP, Hazard, Kentucky. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' means an Order by
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  • Chief, Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and New Beginning World Outreach, Inc. (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of section 399B of the Communications Act of 1934, as amended, and section 73.503(d) of the Commission's Rules regarding the broadcast of underwriting announcements over noncommercial educational Station WNBV(FM), Grundy, Virginia. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before
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  • 3, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and David Carus & Associates (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 399B and 310(d) of the Communications Act of 1934, as amended, and sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules, in connection with the transfer of control of FM Translator Station W264AS, Rockledge, Florida (``Station W264AS''), FM Translator Station W272BA, Cocoa Beach, Florida, and Aural Studio Transmitter Link WQEQ835 (collectively, the ``Stations''); and the broadcast of underwriting announcements and originations concerning financial support over Station W264AS. The Bureau and the Licensee have negotiated
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  • April 20, 2012 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) and Capstar TX, LLC (Licensee). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended (Act), and Sections 73.503(d) and 73.3540 of the Commission's rules (Rules), in connection with the broadcast of underwriting announcements concerning financial support over FM Translator Station W300BQ, Vero Beach, Florida, and the transfer of control of the same Station. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached
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  • May 17, 2012 Released: May 17, 2012 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a monetary forfeiture of twelve thousand five hundred dollars ($12,500) against Cesar Chavez Foundation (Licensee), licensee of noncommercial educational Station KUFW(FM), Woodlake, California (Station), for violating Section 399B of the Communications Act of 1934, as amended (Act), and Section 73.503(d) of the Commission's rules by broadcasting prohibited advertisements over the Station. II. BACKGROUND On August 30, 2006, the Enforcement Bureau's San Francisco Field Office (Field) conducted an inspection of the Station and recorded a segment of its programming that appeared to include commercial advertisements. On January 24, 2007, the Field issued a letter of inquiry to the Licensee inquiring about
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  • Station WCVZ(FM), South Zanesville, Ohio (the ``Station''). Christian Voice seeks reconsideration of a May 9, 2008, Forfeiture Order, in which the Enforcement Bureau (the ``Bureau'') imposed a $9,000 forfeiture against Christian Voice for its willful and repeated broadcast of advertisements over the Station in violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules. In its Petition, Christian Voice contends that the Bureau committed legal error by misapplying applicable precedent in reaching its legal conclusions. At the same time, Christian Voice, in its Petition, appears to concede that it violated our underwriting rules, but argues that the forfeiture imposed is not commensurate with past enforcement actions for similar violations. Christian
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  • All partnerships should check the "Partnership" box and indicate in an exhibit whether they are a general or limited partnership. Item 9. Applicant Status: Place an [X] in the appropriate box or boxes preceding the type of entity. The definition of "noncommercial educational" entity applies to broadcast applicants only and is contained in 47 U.S.C. 397(6) and 47 C.F.R. � 73.503(a) (for radio) and 47 C.F.R. � 73.621(a) (for television). The definitions for "rural telephone company", "minority owned business", and "woman owned business" are contained in 47 C.F.R. � 1.2110. Applicant status information concerning rural telephone companies, minority-owned businesses and women-owned businesses is collected for statistical purposes only. Item 10. Bidding Credit Eligibility: If bidding in a wireless auction, place an
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  • 13, 2001 Released: June 14, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this Order, we admonish R. J.' s Late Night Entertainment Corporation (``Late Night''), licensee of noncommercial educational station WHPR-FM, Highland Park, Michigan, 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. Late Night responded to our January 19, 2001, inquiry by submission dated February 8, 2001. We have carefully reviewed the record, including Late Night's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we
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  • OPINION AND ORDER Adopted: September 17, 2001 Released: September 18, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Tri-State Inspirational Broadcasting Corporation (``Tri-State''), licensee of noncommercial educational station WFIX(FM), Florence, Alabama, 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. Tri-State responded to our May 16, 2001, and June 13, 2001, inquiries by submission dated June 25, 2001. We have carefully reviewed the record, including Tri-State's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this
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  • OPINION AND ORDER Adopted: December 5, 2001 Released: December 6, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this 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
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  • the Chief, Enforcement Bureau: In this Order, we deny the petition for reconsideration filed July 3, 2000, by Midway Broadcasting Company (``Midway''). Midway seeks reconsideration of the June 2, 2000, action of the Chief, Investigations and Hearings Division, admonishing Black Media Works, Inc. (``Black Media'') for violating Section 399B of the Communications Act (``Act''), 47 U.S.C. � 399B, and Section 73.503(d) of the Commission's rules, 47 C.F.R. � 73.503(d), by broadcasting prohibited advertisements over noncommercial educational station WJFP(FM), Fort Pierce, Florida. Midway, the original complainant in this matter, argues that admonishment is an inadequate sanction to redress the statutory and rule violations involved. We reject Midway's arguments. The challenged June 2, 2000, decision letter admonished Black Media to comply with the
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  • 2002 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Daystar Public Radio, Inc. (``Daystar''), licensee of noncommercial educational station WKSG(FM), Cedar Creek, Florida, for broadcasting advertisements and conducting impermissible fundraising 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. Daystar responded to our April 30, 2002, inquiry by its submission filed May 17, 2002. We have carefully reviewed the record, including Daystar's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we
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  • 2002 Released: August 28, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Family Life Educational Foundation (``Family Life''), licensee of noncommercial educational radio station KOUZ(FM), Alexandria, Louisiana, apparently violated 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, by willfully and repeatedly broadcasting advertisements. Based on our review of the facts and circumstances of this case, we conclude that Family Life is apparently liable for a monetary forfeiture in the amount of Two Thousand Dollars ($2,000.00). II. Background 2. This case arises from a complaint alleging that noncommercial station KOUZ(FM)
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  • 1, 2002 Released: October 2, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Calvary Bible College (``Calvary''), licensee of noncommercial educational station KLJC(FM), Kansas City, Missouri, for broadcasting advertisements and conducting impermissible fundraising 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. Based on our review of the facts and circumstances of this case, we conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we find that an admonishment is necessary to redress the statutory and rule
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  • Order'') by deleting Paragraph 9 of the ruling. II. BACKGROUND 2. The joint petitioners, who did not participate in the underlying proceeding, now seek 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
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  • OPINION AND ORDER Adopted: November 26, 2003 Released: December 1, 2003 By the Deputy Chief, Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Jones College (``Jones''), licensee of noncommercial educational station WKTZ-FM, Jacksonville, Florida, for broadcasting advertisements in violation of Section 399B of the Communications Act of 1934, as amended (``the Act''), and Section 73.503 of the Commission's rules. Based on our review of the facts and circumstances of this case, we conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. Although we believe that no monetary sanction is warranted at this time based on the licensee's prior unblemished record and other factors, we find that an admonishment is necessary
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  • Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. By this Order, we admonish Great Lakes Community Broadcasting, Inc. (``Great Lakes''), licensee of noncommercial educational Station WAAQ(FM), Onsted, Michigan, and translator Station W214BH, Mount Pleasant, Michigan, for broadcasting impermissible donor and underwriting advertisements in violation of section 399B of the Communications Act of 1934, as amended (``the Act''), and section 73.503 of the Commission's rules, and for airing originations concerning financial support on its translator station in excess of the limitations set forth in section 74.1231(g) of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Great Lakes has violated these statutory and Commission underwriting and translator rule provisions. Although we believe
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  • 12, 2004 By the Deputy Chief, Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. In this Order, we admonish American Family Association (``AFA''), licensee of noncommercial educational Stations WAEF(FM), Cordele, Georgia, and WBJY(FM), Americus, Georgia, 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. We have carefully reviewed the record, including the complaint and AFA's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we find that an admonishment is necessary to redress the statutory and rule
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  • Released: August 23, 2004 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we admonish Enid Public Radio Association (``Enid''), licensee of low power noncommercial educational FM Station KUAL-LP, Enid, Oklahoma, for broadcasting advertisements in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''), and section 73.503(d) of the Commission's rules. We have carefully reviewed the record, including Enid's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, based on the entire circumstances of this case, we find that an admonishment is necessary to redress the statutory and
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  • November 9, 2004 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we admonish Technology Information Foundation, Ltd. (``Technology''), licensee of low power noncommercial educational FM Station WLFK-LP, Eau Claire, Wisconsin, for broadcasting advertisements in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''), and section 73.503(d) of the Commission's rules. We have carefully reviewed the record, including Technology's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions, in addition to having failed to submit required information in response to a Commission inquiry. While we believe that no monetary sanction is warranted at this time, based upon the entire circumstances
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  • educational (``NCE'') station license. As a result of this election, these applicants will be required to demonstrate ``that they meet all . . . Commission eligibility requirements for NCE stations.'' These NCE AM applicants must file electronically FCC Form 301. In accordance with Section 1.1114(c) of the Commission's rules, these Form 301 applications are exempt from application filing fees. Section 73.503(a) states that a noncommercial educational broadcast station ``will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program.'' To establish NCE eligibility, these AM NCE applicants must supplement their Form 301 filings with answers to questions 2 through 5, Section II - Legal and Financial of
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  • 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Christian Voice of Central Ohio, Inc. (``Christian Voice''), licensee of formerly noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, has apparently violated 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, by apparently willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Christian Voice is apparently liable for a monetary forfeiture in the amount of $20,000. II. BACKGROUND 2. This case arises from a complaint filed with the Commission in September
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  • exclusivities are returned as unacceptable for filing and therefore do not submit Section 307(b) information. See 47 C.F.R. � 73.5002(c). See 47 C.F.R. � 73.3568(a)(1). The CDBS file number issued to the Section I and Section III-A Tech Box Form 301 filed in the AM Auction No. 84 filing window is listed in Attachment A to this public notice. Section 73.503(a) of the Commission's rules states that an NCE broadcast station ``will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program.'' 47 C.F.R. � 73.503. $ = > � � h� h� gd h h � � � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪��
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  • Chief, Enforcement Bureau: In this Forfeiture Order ("Order") we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Hispanic Broadcast System, Inc. (``HBS''), licensee of noncommercial educational broadcast station WQQZ(FM), Clermont, Florida, for the willful and repeated broadcast of advertisements in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''), section 73.503(d) of the Commission's rules (``underwriting rules''). 2. In our Notice of Apparent Liability for Forfeiture (``NAL''), we proposed a monetary forfeiture in the amount of $10,000 to HBS for its apparent violation of the underwriting rules through its broadcast of two underwriting announcements that impermissibly promoted for-profit entities a total of 288 times from May 31 through June 27, 2004.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � DA 05-2410 Released: September 2, 2005 Media Bureau Suspends Television and Radio Rules To Permit NCE Stations to Broadcast Commercial Programming in the Greater New Orleans Area By this public notice the Media Bureau immediately suspends Sections 73.621(e) and 73.503(d) of the Commission's rules to permit noncommercial educational (NCE) television and radio stations to broadcast programming, including commercial matter, received from commercial broadcast stations. This waiver is limited to stations serving viewers and listeners in and near to New Orleans, LA. This special relief is designed to bring immediate life saving and other important program information to the residents of
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  • before us an Informal Objection and Request to Revoke Construction Permit (``Objection''), filed May 12, 2004, by Saga Communications of Arkansas, LLC (``Saga''). For the reasons stated below, we grant the Objection to the limited extent indicated, admonish American Heritage for broadcasting advertisements in violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules, and grant the license application. Background Low power FM stations, such as KFLO-LP, are governed by the rules pertaining to the noncommercial educational service, and may not broadcast advertisements. Advertisements are defined by the Act as program material broadcast ``in exchange for any remuneration'' and intended to ``promote any service, facility, or product'' of for-profit entities.
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  • FOR FORFEITURE Adopted: 02/08/2005 Released: 02/09/2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Hispanic Broadcast System, Inc. (``HBS''), licensee of noncommercial educational Station WQQZ(FM), Clermont, Florida, has apparently violated 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, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that HBS is apparently liable for a monetary forfeiture in the amount of $10,000. II. BACKGROUND 2. This case arises from a complaint made to the Commission in July 2004, alleging
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  • noncommercial educational (``NCE'') station license. As a result of this election, the applicant will be required to demonstrate ``that [it] meet[s] all . . . Commission eligibility requirements for NCE stations.'' NCE AM applicants must file electronically FCC Form 301. In accordance with Section 1.1114(c) of the Commission's rules, these Form 301 applications are exempt from application filing fees. Section 73.503(a) states that a noncommercial educational broadcast station ``will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program.'' To establish NCE eligibility, AM NCE applicants must supplement their Form 301 filings with answers to questions 2 through 5, Section II - Legal and Financial of FCC
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  • February 25, 2005 By the Chief, Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the ``Bureau'') into the possible violation by Brevard Youth Education Broadcasting Corporation (``Brevard''), licensee of noncommercial educational FM Station WCEE-LP, Melbourne, Florida, of section 399B of the Communications Act of 1934, as amended (the ``Act''), and section 73.503(d) of the Commission's rules, in connection with the broadcast of underwriting acknowledgments over the station by Brevard. The Bureau and Brevard have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
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  • educational FM Station WCEE-LP (Facility ID No. 13563), licensed to Melbourne, Florida; ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. �� 151 et seq.; ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; ``Underwriting Laws'' means section 399B of the Communications Act of 1934, 47 U.S.C. � 399B, and section 73.503(d) of the Commission's rules, 47 C.F.R. � 73.503(d); ``Complaints'' mean third-party complaints received by, or in the possession of, the Bureau alleging violation of the Underwriting Laws by Brevard, dated September 10 and December 12, 2003; ``Investigation'' means the investigation of the allegations contained in the Complaints, including the letters of inquiry from the Bureau to Brevard, dated November 19,
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  • EB-02-IH-0700 and EB-0-IH-0076 Acct. No. 200532080122 FRN 0008352544 Facility ID No. 70644 Adopted: March 7, 2005 Released: March 8, 2005 By the Chief, Enforcement Bureau: The Enforcement Bureau (the ``Bureau'') has been investigating whether WVRM, Inc. (``WVRM''), licensee of noncommercial educational Station WCNJ(FM), Hazlet, New Jersey, has violated section 399B of the Communications Act of 1934, as amended, and section 73.503(d) of the Commission's rules, in connection with the broadcast by WVRM of underwriting acknowledgments over the station. The Bureau and WVRM have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
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  • educational Station WCNJ(FM) (Facility ID No. 70644), licensed to Hazlet, New Jersey; ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. �� 151 et seq.; ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; ``Underwriting Laws'' means section 399B of the Communications Act of 1934, 47 U.S.C. � 399B, and section 73.503(d) of the Commission's rules, 47 C.F.R. � 73.503(d); ``Complaints'' mean third-party complaints received by, or in the possession of, the Bureau alleging violation of the Underwriting Laws by WVRM, dated August 14, 2002, and March 15, 2004; ``Investigation'' means the investigation of the allegations contained in the Complaints, including the letters of inquiry from the Bureau to WVRM, dated September
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  • FOR FORFEITURE Adopted: March 17, 2005 Released: March 17, 2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Caguas Educational TV, Inc. (``Caguas''), licensee of noncommercial educational Station WLAZ(FM), Kissimmee, Florida, has apparently violated section 399B of the Communications Act of 1934, as amended (the ``Act''), and section 73.503 of the Commission's rules, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Caguas is apparently liable for a monetary forfeiture in the amount of $10,000. II. BACKGROUND 2. This case arises from a complaint made to the Commission in July 2004 (``Complaint''), alleging that noncommercial educational
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  • 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). On March 8, 2005, the Licensee entered into a Consent Decree with the FCC's Enforcement Bureau in the amount of $10,000 regarding an investigation of two third-party complaints alleging violations by the Licensee of the underwriting provisions of Section 73.503(d) of the Rules. 47 C.F.R. � 73.503(d). We caution the Licensee to be more diligent in the future in its operation of the Station. However, on the basis of all the evidence in the record, we do not find here that the Licensee's Station operation "was conducted in an exceedingly careless, inept and negligent manner and that the licensee is
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  • television) that will be used to advance an educational purpose and meeting all other service-specific eligibility requirements, or (b) a municipality applying for a radio or television broadcast station that will transmit only noncommercial programs for educational purposes. The definition of ``noncommercial educational'' applies to broadcast applicants only, and is contained in 47 USC Section 397(6) and 47 CFR Sections 73.503(a) (for radio) and 73.621(a) (for television). Can an applicant check ``yes'' to the NCE election and later de-select it? Not after the Form 175 filing deadline. Because an applicant's self-identification as ``noncommercial educational'' affects its eligibility to hold an NCE station license and therefore its eligibility to participate in an auction, the Commission treats an applicant's attempt to change its
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  • Form 175 applications. As a result of this election, these applicants will be required to demonstrate ``that they meet all Commission eligibility requirements for noncommercial educational stations.'' These noncommercial educational (``NCE'') AM applicants must file electronically the FCC 301 application. In accordance with Section 1.1114(c) of the Commission's rules, these FCC 301 applications are exempt from application filing fees. Section 73.503(a) states that an NCE broadcast station ``will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program.'' To establish NCE eligibility, these AM NCE applicants must supplement their FCC 301 filings with answers to questions 2 through 5, Section II - Legal and Financial of FCC
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  • Goldberger, pp 282 � 284. 24 Thus, the negative coefficient on commercial stations isn't because news stations decide to become noncommercial stations after they decide to be a news station. Instead, we believe that the negative coefficient is because commercial stations are less likely to be news stations. For rules on becoming a non- commercial station, see 47 CFR Section 73.503. III - 16 The regression results suggest that stations with a local marketing agreement may be less likely to be news stations.25 The coefficient on the broad definition of a news station is negative and insignificant, but the coefficient on the narrow definition of a news station is negative and significant. As mentioned above, regression analysis by itself does not
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  • 73.3584(b). Astroline Communications Co. v. F.C.C., 857 F.2d 1556, 1561 (D.C. Cir. 1988) (``Astroline''). See also Rocky Mountain Radio Co., LLP, Memorandum Opinion and Order, 15 FCC Rcd 7166, 7167 (1999). Petition at 2. While Howard does not specify the rules or statutes he believes have been violated, we presume that he is claiming that UW violated 47 C.F.R. �� 73.503(d) and 73.1212, insofar as he alleges that the talk shows were broadcast at the expense of certain parties, who were not identified, who paid UW for the ``focus group'' research gleaned from the programming. Petition at 1. Declaration of Wayne Roth (``Roth Declaration''), attached to Opposition, paras. 5, 10. See also Declaration of Steve Scher (``Scher Declaration''), attached to Opposition,
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  • WL 290789 (MMB 1986) (ordering applicant to provide its articles of incorporation within 30 days of the hearing designation order). Id. at 3. HFC also notes that the Application was initially returned as unacceptable for filing for prohibited overlap. By the time the Application was reinstated, HFC had incorporated. Id. at 2. Id. at 5. Specifically, HFC notes that Section 73.503(a) provides that: ``A noncommercial education FM Broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program.'' 47 C.F.R. � 73. 503(a) (emphasis added). Id. at 6. See 47 C.F.R. �� 73.503(a) (NCE), 73.853(a)(1) (LPFM). See FCC Form 318, Question II(2). See, e.g., NCE
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  • we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and CSSI Non-Profit Educational Broadcasting Corporation (``CSSI''), licensee of Noncommercial Educational Stations KSQX(FM), Springtown, Texas, KMQX(FM), Weatherford, Texas, and KYQX(FM), Weatherford, Texas. The Consent Decree terminates an investigation by the Bureau into whether CSSI violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by CSSI of underwriting acknowledgments over the stations. The Bureau and CSSI have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
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  • in connection with its operation of the Stations during the period February through April 2005; ``Parties'' means the Bureau and CSSI; ``Licenses'' means all authorizations, permits and licenses issued by the Commission in connection with the operation of the Stations; ``Licensee'' means the holder of the Licenses; ``Alleged Violations'' means alleged violations of Section 399(b) of the Act and Section 73.503(d) of the Rules by CSSI, as described in this Consent Decree; and p. ``Underwriting Laws'' means Section 399B of the Communications Act of 1934, 47 U.S.C. � 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. � 73.503(d). III. BACKGROUND On or about September 6, 2005, the Bureau received a complaint alleging that the Stations had aired prohibited underwriting
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  • the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Navajo Missions, Inc. (``NMI''), licensee of Noncommercial Educational Station KNMI(FM), Farmington, New Mexico. The Consent Decree terminates an investigation by the Bureau into whether NMI violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by NMI of underwriting acknowledgments over the stations. The Bureau and NMI have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
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  • the operation of the Station; ``Licensee'' means the holder of the License; ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. Section 151 et seq.; ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; ``Underwriting Laws'' means Section 399B of the Communications Act of 1934, 47 U.S.C. � 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. � 73.503(d). ``Adopting Order'' means an order of the Bureau adopting this Consent Decree; ``Effective Date'' means the date on which the Adopting Order is released; ``Consultant'' means a outside professional adviser who is expert in Underwriting Laws and issues and who is retained by the Licensee; ``Investigation'' means the investigation conducted by the
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  • I. INTRODUCTION By this Forfeiture Order, we impose a forfeiture of $9,000 on Christian Voice of Central Ohio, Inc. (``Christian Voice''), licensee of formerly noncommercial educational television Station WCVZ(FM), South Zanesville, Ohio, for its willful and repeated broadcast of advertisements over the station, in violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules. We take this action pursuant to 47 U.S.C. � 503(b)(1)(D) and 47 C.F.R. � 1.80(f)(4). II. BACKGROUND 2. This case arises from a complaint filed with the Commission in September 2003, alleging that then-noncommercial educational Station WCVZ(FM) broadcast prohibited underwriting announcements during the month of August 2003. In April 2004, after the complaint had been filed,
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  • Adopted: June 11, 2008 Released: June 11, 2008 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and WNYC Radio (``WNYC''). The Consent Decree terminates an investigation by the Bureau against WNYC for possible violations of section 399B of the Communications Act of 1934, as amended, and section 73.503(d) of the Commission's rules regarding the broadcast by WNYC of underwriting acknowledgments over Stations WNYC(AM) and WNYC-FM, New York, New York. The Bureau and WNYC have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating
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  • there is no evidence that Logos was disingenuous when it described in its initial permit application how the Station would be used to advance educational purposes. It also has adequately explained its departure from its initial programming objectives. Moreover, we find that the programming offered by Logos fulfills its responsibilities as the holder of an NCE authorization. In applying Section 73.503 of the Rules, the Commission has required that NCE applicants be: (a) a government or public educational agency, board or institution; (b) a private, nonprofit educational organization; or (c) a nonprofit entity with a demonstrated educational purpose. We require that an applicant described in (a) or (b) above have an educational program and demonstrate how its programming will be used
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  • Wooster, Ohio. On December 10, 2007, Hazen filed an engineering amendment and a Petition for Reconsideration of its dismissed Application. The staff granted reconsideration and reinstated the Application, as amended, on December 11, 2007. MUC opposes grant of the Application, arguing that Hazen has failed to describe its educational objective and how it will further that objective, pursuant to Section 73.503 of the Rules. To support this assertion, MUC alleges that Hazen has not provided any sample program descriptions or any sample educational guidance. In addition, MUC argues that Hazen does not ``presently have the proper authority under Ohio law to operate a radio broadcast station.'' Specifically, MUC contends that in Hazen's Articles of Incorporation, Hazen states that it was formed
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  • Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Long Pond Baptist Church (``Long Pond''), licensee of Noncommercial Educational Station WTBH(FM), Chiefland, Florida. The Consent Decree terminates an investigation by the Bureau into whether Long Pond violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by Long Pond of underwriting acknowledgments over its Station. The Bureau and Long Pond have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
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  • the operation of the Station; ``Licensee'' means the holder of the License; ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. Section 151 et seq.; ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; ``Underwriting Laws'' means Section 399B of the Communications Act of 1934, 47 U.S.C. � 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. � 73.503(d); ``Adopting Order'' means an order of the Bureau adopting this Consent Decree; ``Effective Date'' means the date on which the Adopting Order is released; ``Investigation'' means the investigation conducted by the Bureau regarding compliance by Long Pond with the Act and the Rules governing underwriting announcements by noncommercial educational broadcast stations in
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  • In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Southern Rhode Island Public Radio Broadcasting, Inc. (``SRIPRB''), licensee of Noncommercial Educational Station WKIV(FM), Westerly, Rhode Island. The Consent Decree terminates an investigation by the Bureau into whether SRIPRB violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by SRIPRB of underwriting acknowledgments over the stations. The Bureau and SRIPRB have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
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  • the operation of the Station; ``Licensee'' means the holder of the License; ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. Section 151 et seq.; ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; ``Underwriting Laws'' means Section 399B of the Communications Act of 1934, 47 U.S.C. � 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. � 73.503(d); ``Adopting Order'' means an order of the Bureau adopting this Consent Decree; ``Effective Date'' means the date on which the Adopting Order is released; ``Investigation'' means the investigation conducted by the Bureau regarding compliance by Southern with the Act and the Rules governing underwriting announcements by noncommercial educational broadcast stations in connection
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  • Adopted: June 26, 2009 Released: June 26, 2009 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we impose a monetary forfeiture of $2,000 against Cayuga County Community College (``Cayuga'' or ``Licensee''), licensee of noncommercial educational Station WDWN (FM), Auburn, New York, (``Station''), for violating Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules by broadcasting advertisements over the Station. background 2. On August 26, 2005, Mr. Jim Seward filed a complaint with the Commission, alleging that noncommercial educational Station WDWN (FM) had aired prohibited commercial announcements during its August 13, 2005, broadcast of an Auburn Doubledays baseball game. 3. Following Mr. Seward's complaint, the Enforcement Bureau (``Bureau''), by letter
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  • July 8, 2009 Released: July 8, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we impose a monetary forfeiture of $6,000 against Lancaster Educational Broadcasting Foundation (``Lancaster'' or ``Licensee''), licensee of noncommercial educational Station WFCO(FM), Lancaster, Ohio, for violating Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules by broadcasting prohibited advertisements over the Station. background 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WFCO(FM) broadcast prohibited underwriting announcements during its broadcast of Capital University college football games during the 2006 season. Thereafter, the Bureau inquired of the licensee concerning the allegations contained in the complaint.
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  • 0006560650 FORFEITURE ORDER Adopted: July 21, 2009 Released: July 21, 2009 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we impose a monetary forfeiture of $6,000 against Power Radio Corporation (``PRC'' or ``Licensee''), licensee of noncommercial educational Station KXPW-LP, Georgetown, Texas (``Station''), for violating Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules by broadcasting advertisements over the Station. background 2. This case arises from a complaint made to the Commission in November 2003, alleging that noncommercial educational Station KXPW-LP broadcast prohibited underwriting announcements on July 16, 2003. Thereafter, the Enforcement Bureau (``Bureau'') inquired of the Licensee concerning the allegations contained in the complaint. PRC responded to the August
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  • By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Pontifical Catholic University of Puerto Rico Service Association, Inc. (``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Station WPUC-FM, Ponce, Puerto Rico (the ``Station''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and
• 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
  • 2 supra, Chladek certified in 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''�
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  • 0001824077 FORFEITURE ORDER Adopted: July 31, 2009 Released: July 31, 2009 By the Chief, Enforcement Bureau: INTRODUCTION 1. In this Forfeiture Order, we impose a monetary forfeiture of $4,500 against Jones College (``Jones'' or ``Licensee''), licensee of noncommercial educational Station WKTZ-FM, Jacksonville, Florida (``Station''), for violating Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's Rules by broadcasting advertisements over the Station. background 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WKTZ-FM had broadcast prohibited advertisements. Following the complaint, agency monitoring and recording of station broadcasts was conducted on July 2 and 9, 2005. Thereafter, the Enforcement Bureau (``Bureau'') inquired of the Licensee concerning
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  • 2009 Released: August 25, 2009 By the Acting Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we impose a monetary forfeiture of $2,000 against Ministerio Radial Cristo Viene Pronto, Inc. (``Ministerio'' or ``Licensee''), licensee of noncommercial educational Station WCRP (FM), Guayama, Puerto Rico (``Station''), for violating Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules by broadcasting prohibited advertisements over the Station. background 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WCRP(FM) broadcast prohibited underwriting announcements on or about October 25, 2006. Thereafter, the Bureau inquired of the Licensee concerning the allegations contained in the complaint. Ministerio responded substantively to the LOI on
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  • Released: September 25, 2009 By the Acting Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Daystar Public Radio, Inc. (``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Station WKSG(FM), Cedar Creek (the ``Station''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating
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  • ID No. 9714 NAL Account No. 200932080052 FRN No. 0005795976 CONSENT DECREE 1. The Enforcement Bureau (``Bureau'') and Daystar Public Radio, Inc. (``Licensee''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referred investigation into whether the Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by the Licensee of underwriting acknowledgments over its noncommercial educational Station WKSG(FM), Cedar Creek, Florida. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' or ``Order'' means an Order
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  • December 9, 2009 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Payson Council for the Musical Arts, Inc. (``Licensee''). The Consent Decree terminates an investigation by the Bureau against Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by Licensee of underwriting acknowledgments over Station KRIM-LP, Payson, Arizona (the ``Station''). The Bureau and Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts
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  • 201032080009 Facility ID No. 134059 FRN No. 0004296174 CONSENT DECREE 1. The Enforcement Bureau (``Bureau'') and Payson Council for the Musical Arts, Inc. (``Licensee''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referenced investigation into whether Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, KRIM-LP, Payson, Arizona. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' means an Order by
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  • November 6, 2009 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Long Island University Public Radio Network (``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Stations WLIU(FM), Southampton, NY and WCWP(FM), Brookville, NY (the ``Stations''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the
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  • 10, 2009 Released: February 10, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Lancaster Educational Broadcasting Foundation (``Lancaster''), licensee of noncommercial educational Station WFCO(FM), Lancaster, Ohio, has apparently violated Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503 of the Commission's rules, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Lancaster is apparently liable for a monetary forfeiture in the amount of seven thousand five hundred dollars ($7,500). II. BACKGROUND 2. This case arises from a complaint made to the Commission alleging that noncommercial
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  • 2009 Released: January 16, 2009 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and American Institute for Jewish Education (``AIJE''). The Consent Decree terminates an investigation by the Bureau against AIJE for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by AIJE of underwriting acknowledgments over Station WMDI-LP, Lakewood, New Jersey (the ``Station''). The Bureau and AIJE have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the
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  • ) EB-07-IH-4917 Facility ID No. 134469 NAL/Account No. 200932080018 FRN 0008568065 CONSENT DECREE 1. The Enforcement Bureau (``Bureau'') and American Institute for Jewish Education (``AIJE''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into whether AIJE violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by AIJE of underwriting acknowledgments over its noncommercial educational Station WMDI-LP, Lakewood, New Jersey. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' means an Order by the Bureau
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  • 16, 2009 Released: January 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Jones College, licensee of noncommercial educational Station WKTZ-FM, Jacksonville, Florida, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Jones College is apparently liable for a monetary forfeiture in the amount of $5,000. II. BACKGROUND 2. This case arises from a complaint made to the Commission's Tampa Office on June 24, 2005, alleging that noncommercial educational Station WKTZ-FM had broadcast
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  • January 16, 2009 Released: January 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Ministerio Radial Cristo Viene Pronto, Inc., (``Ministerio''), licensee of noncommercial educational Station WCRP(FM), Guayama, Puerto Rico, has apparently violated Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503 of the Commission's rules, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Ministerio is apparently liable for a monetary forfeiture in the amount of $2,500. II. BACKGROUND 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WCRP(FM) broadcast prohibited
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  • and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Independence Public Media of Philadelphia, Inc. (``Independence''), licensee of noncommercial educational television Station WYBE(TV), Philadelphia, Pennsylvania, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Independence is apparently liable for a monetary forfeiture in the amount of two thousand five hundred dollars ($2,500). II. BACKGROUND 2. This case arises from a complaint made to the Commission on October 18, 2006, alleging that noncommercial educational television Station
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  • 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cayuga County Community College (``Cayuga''), licensee of noncommercial educational Station WDWN(FM), Auburn, New York, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Cayuga is apparently liable for a monetary forfeiture in the amount of $2,500. II. BACKGROUND 2. This case arises from a complaint made to the Commission on August 26, 2005, alleging that noncommercial educational Station WDWN(FM) had aired prohibited commercial announcements
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  • Released: March 18, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Power Radio Corporation (``PRC''), licensee of noncommercial educational Station KXPW-LP, Georgetown, Texas, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Sections 73.503 and 73.801 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that PRC is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000). II. BACKGROUND 2. This case arises from a complaint made to the Commission in November 2003, alleging that noncommercial educational Station KXPW-LP broadcast
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  • Halifax for violations of Section 73.845 of the Commission's Rules (``Rules'') and Section 301 of the Communications Act of 1934, as amended (``Act''), regarding Halifax's operation of its station in a manner inconsistent with its station authorization and its operation of an unlicensed radio transmitter. The Consent Decree also terminates an investigation by the Bureau of possible violations of Section 73.503(b) of the Rules and Section 399(b) of the Act, regarding Halifax's broadcast of announcements in violation of the Commission's underwriting rules. The Bureau and Halifax have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating
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  • Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that National Farm Workers Service Center, Inc. (the ``Licensee''), licensee of noncommercial educational Station KUFW(FM), Woodlake, California (the ``Station''), willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of $12,500. II. BACKGROUND On August 30, 2006, the Enforcement Bureau's (the ``Bureau's'') San Francisco Field Office conducted an inspection of the Station and recorded a segment of its
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  • and Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau (``Bureau''), by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully violated Sections 73.503(d) and 73.811 of the Rules, as well as Section 399B of the Act, by willfully and repeatedly interrupting regular programming with unauthorized commercial announcements and operating at antenna height greater than that authorized. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of
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  • the Commission determines that the petitioner has satisfied the threshold determination, it proceeds to determine whether, on the basis of the application, the pleadings filed, or other matters which [the Commission] may officially notice, the petitioner has presented a "substantial and material question of fact" to warrant further inquiry. Using this standard, we consider Cornerstone's allegations. Eligibility. Pursuant to Section 73.503(a) of the Rules ``a noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization upon showing that the station will be used for the advancement of an educational program.'' In its Application, Hammock states that it is an unincorporated association formed in the State of Florida. Cornerstone asserts that Hammock is not legally qualified to hold
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  • of the material before it to determine whether there is a substantial and material question of fact calling for further inquiry and requiring resolution in a hearing. If no such question is raised, the Commission will deny the petition and grant the application if it concludes that such grant otherwise serves the public interest, convenience, and necessity. Pursuant to Section 73.503(a) of the Rules, ``a noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization upon showing that the station will be used for the advancement of an educational program.'' An applicant for an NCE FM station must certify its eligibility to own and operate such station at the time it files its application. Allied states the
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  • 2010 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Tri-State Public Communications, Inc. (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 317, 399B, and 507 of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.1212 of the Commission's Rules regarding the broadcast of sponsorship identification and underwriting announcements over Station WHDD-FM, Sharon, Connecticut (the ``Station''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree
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  • 2010 Released: April 27, 2010 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and WAY-FM Media Group, Inc. (``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Station KXWA(FM), Loveland, Colorado (the ``Station''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating
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  • ID No. 89401 NAL Account No. 201032080014 FRN No. 0004995288 CONSENT DECREE 1. The Enforcement Bureau (``Bureau'') and WAY-FM Media Group, Inc. (``Licensee''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referred investigation into whether the Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by the Licensee of underwriting acknowledgments over its noncommercial educational Station KXWA(FM), Loveland, Colorado. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' or ``Order'' means an Order by
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  • 2010 Released: April 28, 2010 By Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Hazard Community Broadcasting (``Licensee''). The Consent Decree terminates an investigation by the Bureau against Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, WLZD-LP, Hazard, Kentucky (the ``Station''). The Bureau and Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of
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  • EB-07-IH-9198 NAL Account No. 201032080023 Facility ID No. 135664 FRN No. 0007570310 CONSENT DECREE 1. The Enforcement Bureau (``Bureau'') and Hazard Community Broadcasting (``Licensee''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referenced investigation into whether Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, WLZD-LP, Hazard, Kentucky. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' means an Order by
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  • of the Application that the Agreements involved in the transaction, including the PSOA, ``comply fully with the Commission's rules and policies.'' In connection with the response to Question 5, please address specifically how the airing of CPRN programming over the Station furthers the Licensee's obligation to use the Station for the advancement of an educational program, as required by Section 73.503(a) of the Rules. In connection with the response to Question 5, please address specifically how the monthly compensation described in Section 7 of the PSOA complies with the limits on consideration to NCE licensees contained in Section 73.503(c) of the Rules. In connection with the response to Question 5, please address specifically how the PSOA does not violate the prohibition
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  • requirements. SUBPART D-NONCOMMERICAL EDUCATIONS FM BROADCAST STATIONS Brief Description: This rule identifies Part K as the part of the rules which set forth the procedures for choosing among mutually exclusive applications for noncommercial educational FM stations. Need: This rule clarifies the structure of the noncommercial educational FM licensing rules. Legal Basis: 47 U.S.C. 154 and 303. Section Number and Title: 73.503(e) Licensing requirements and service. Brief Description: This rule identifies Part I as the part of the rules which set forth the procedures for choosing among mutually exclusive applications in circumstances in which at least one commercial FM application is mutually exclusive with at least one noncommercial educational FM application. Need: This rule clarifies the structure of the commercial and noncommercial
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  • applications, and Carus ultimately requested their dismissal. The staff dismissed the 2006 Assignment Applications on May 12, 2010. On June 3, 2011, Carus and the Enforcement Bureau entered into a consent decree (``Consent Decree'') terminating the Enforcement Bureau investigation against Carus for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended, (``Act'') and Sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules (``Rules''), including the unauthorized transfer of control of the Stations and the broadcast of underwriting messages in excess of the thirty-second per hour limitation set forth in the Rules. On January 10, 2011, Carus filed the Application to assign the Stations to NCN. Brevard and Community filed their Petitions on February 11, 2011,
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  • public interest. The Commission's interest in creating a ``noncommercial'' service has been to remove the programming decisions of public broadcasters from the ``normal kinds of commercial market pressures under which broadcasters in the unreserved spectrum usually operate.'' In order to maintain the essential character of the noncommercial service, Section 399B of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.621(e) of the Commission's Rules specifically proscribe the broadcast of announcements by public broadcast stations which promote the sale of goods and services of for-profit entities in return for consideration paid to the station. We will deny the Waiver Request for several reasons. First, it is axiomatic that the Commission cannot waive the provisions of the Communications Act. Accordingly,
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  • Chief, Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and New Beginning World Outreach, Inc. (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of section 399B of the Communications Act of 1934, as amended, and section 73.503(d) of the Commission's Rules regarding the broadcast of underwriting announcements over noncommercial educational Station WNBV(FM), Grundy, Virginia. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before
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  • inspection file and has submitted to the Commission copies of the documentation.'' CSC Opposition at 6. See Fox River Broadcasting, Inc., Order, 93 FCC 2d 127, 129 (1983). Id. CSC Opposition at 6 and Exhibit B. These topics include: (1) the nature and educational purpose of the applicant in order to demonstrate its eligibility as an NCE applicant under Section 73.503(a) of the Commission's Rules; (2) the type of programming that CSC proposes; and (3) CSC's relationship with the Morris Council. Specifically, the exhibit states that ``[t]he primary place of business for this applicant, listed on the first page of the application, disclosed under the parties to the application, and evidenced in the attachments hereto, is (and has been for at
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  • FRN: 0007446396 File No. BRL-20050131AAR FORFEITURE ORDER Adopted: April 7, 2011 Released: April 8, 2011 By the Chief, Audio Division, Media Bureau: Introduction In this Forfeiture Order, we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Enid Public Radio Association (``Licensee''), licensee of low-power FM radio station KEIF-LP, Enid, Oklahoma (``Station''), for willfully violating Sections 73.503(d) and 73.811 of the Commission's Rules, as well as Section 399B of the Communications Act of 1934, as amended (the ``Act''), by willfully and repeatedly interrupting regular programming with unauthorized commercial announcements and operating at antenna height greater than that authorized. BACKGROUND On July 13, 2010, the Media Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the
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  • fact warranting further inquiry regarding these matters. Educational Benefits and Program Description. Petitioners argue that UHS will not provide the same broadcast-related educational benefits to students as Rice has previously offered, undermining the educational purpose of the NCE station. In addition, Petitioners contend that UHS' description of the programming it intends to provide is inadequate and should be rejected. Section 73.503 of the Commission's Rules provides that NCE FM broadcast stations may be licensed to nonprofit educational institutions upon a showing that the station will be used for the advancement of an educational program. Assignees must meet the same standard as an applicant seeking to obtain a new NCE license. Form 340, the application for an NCE broadcast station construction permit,
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  • is appropriate for radio advertising and programming purposes. Currently, about 60 percent of all U.S. commercial radio stations are licensed to communities within Arbitron Metros, and approximately 85 percent of the U.S. population resides in these markets. BIA Financial Network Inc., BIA/Kelsey Media Access Pro Radio Analyzer Database, April 23, 2011. 47 C.F.R. � 73.853(a). See 47 C.F.R. �� 73.801, 73.503(d). LCRA � 7. Id. � 3(b)(2)(B). United States Public Laws, Pub. L. No. 106-553, 114 Stat. 2762 (2000); see also S. Rep. No. 111-160, at 1-3 (2010); H.R. Rep. No. 111-375, at 4-5 (2009). Experimental Measurements of the Third-Adjacent Channel Impacts of Low-Power FM Stations, The MITRE Corp. (May 2003) at xxvi-xxvii, 2-16 to 2-18, 5-1 to 5-4. The MITRE
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  • 3, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and David Carus & Associates (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 399B and 310(d) of the Communications Act of 1934, as amended, and sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules, in connection with the transfer of control of FM Translator Station W264AS, Rockledge, Florida (``Station W264AS''), FM Translator Station W272BA, Cocoa Beach, Florida, and Aural Studio Transmitter Link WQEQ835 (collectively, the ``Stations''); and the broadcast of underwriting announcements and originations concerning financial support over Station W264AS. The Bureau and the Licensee have negotiated
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  • Eligibility Rules for FM Broadcast Translator Stations, Third Further Notice of Proposed Rule Making, 26 FCC Rcd 9986 (2011) (``Third Further Notice''). LCRA � 8(a). Id. � 8(b). Id. � 8(c). But see NAB Comments at 4 n.8 (suggesting that the Commission also consider the impact of LPFM stations on AM stations). 47 C.F.R. � 73.853. 47 C.F.R. �� 73.801, 73.503(d). See 47 C.F.R. �� 73.809, 73.810. See Appendix A.1. 47 C.F.R. � 73.855 (allowing not-for-profit organizations and governmental entities with a public safety purpose to own multiple LPFM licenses if one of the multiple licenses is submitted as a priority application and the remaining non-priority applications do not face a mutually exclusive challenge). 47 C.F.R. � 73.3555(a)(1). 47 C.F.R. �
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  • April 20, 2012 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) and Capstar TX, LLC (Licensee). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended (Act), and Sections 73.503(d) and 73.3540 of the Commission's rules (Rules), in connection with the broadcast of underwriting announcements concerning financial support over FM Translator Station W300BQ, Vero Beach, Florida, and the transfer of control of the same Station. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached
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  • San Francisco ("USF"), and Classical Public Radio Network LLC ("CPRN"). The Consent Decree resolves issues arising from the Bureau's review of the captioned application for consent to the proposed assignment of license for Station KUSF(FM), San Francisco, CA (the "Station") from USF to CPRN. In particular, the Consent Decree resolves the Bureau's investigation of the applicants' compliance with Sections 1.17 and73.503(c)of the Commission's Rules, 47 C.F.R. � � 1.17,73.503(c)(the "Rules").1 2. The Consent Decree stipulates that both USF and CPRN violated Section 1.17 of the Rules and that USF violated Section73.503(c)of the Rules, and provides, among other things, that USF and CPRN will collectively make a $50,000 voluntary contribution to the United States Treasury. A copy of the Consent Decree is
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  • May 17, 2012 Released: May 17, 2012 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a monetary forfeiture of twelve thousand five hundred dollars ($12,500) against Cesar Chavez Foundation (Licensee), licensee of noncommercial educational Station KUFW(FM), Woodlake, California (Station), for violating Section 399B of the Communications Act of 1934, as amended (Act), and Section 73.503(d) of the Commission's rules by broadcasting prohibited advertisements over the Station. II. BACKGROUND On August 30, 2006, the Enforcement Bureau's San Francisco Field Office (Field) conducted an inspection of the Station and recorded a segment of its programming that appeared to include commercial advertisements. On January 24, 2007, the Field issued a letter of inquiry to the Licensee inquiring about
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  • Detroit Office, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Prayer Tower Ministry, licensee of radio station WLWZ-LP. On April 30, 2003 and May 1, 2003, an agent of the Commission's Detroit Office monitored radio station WLWZ-LP located at Cassopolis, Michigan, and observed the following violation(s): 47 C.F.R. � 73.503(d): ``Each station shall furnish a nonprofit and noncommercial broadcast service. Noncommercial educational FM broadcast stations are subject to the provisions of �73.1212 to the extent they are applicable to the broadcast of programs produced by, or at the expense of, or furnished by others. No promotional announcement on behalf of for profit entities shall be broadcast at any time in
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  • 1250 KHZ E TX AM Auction 84 Major change in licensed facilities. Dismissed per applicant's 3/14/08 request (no letter sent out) 3/20/08 BMP SAN ANTONIO LICENSE COMPANY, L.P. KZDC 65330 BMJP-20050118AGJ TX FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , ROUNDUP 88.3 MHZ E MT CP New Station. Engineering Amendment filed 02/22/2008 Dismissed by letter 3/20/2008 (47 CFR Section 73.503 violation) BILL EDWARDS NEW 176691 BNPED-20071019AZV MT Page 2 of 11 Broadcast Actions 3/25/2008 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.46700 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I C
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  • AND LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION NEW 176691 BILL EDWARDS MT ROUNDUP , MT BNPED-20071019AZV 88.3 MHZ E CP New Station. Engineering Amendment filed 02/22/2008 Dismissed by letter 3/20/2008 (47 CFR Section 73.503 violation) Petition for Reconsideration Filed 04/02/2008 by Roundup Community Radio Association FM STATION APPLICATIONS FOR SPECIAL TEMPORARY AUTHORITY PETITION FOR RECONSIDERATION WJCH 20847 FAMILY STATIONS, INC. IL JOLIET , IL BSTA-20080327AAD 91.9 MHZ E Petition for Reconsideration Filed 04/03/2008 by Dontron, Inc. FM STATION APPLICATIONS FOR TRANSFER OF CONTROL ACCEPTED FOR FILING WMVR-FM 15998 DEAN MILLER BROADCASTING CORPORATION OH SIDNEY
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  • Radio and Public Safety Radio Services that are government entities or nonprofit entities. Applicants claiming nonprofit status must include a current Internal Revenue Service Determination Letter documenting this nonprofit status. (c) Applicants, permittees or licensees of noncommercial educational (NCE) broadcast stations in the FM or TV services, as well as AM applicants, permittees or licensees operating in accordance with � 73.503 of this chapter. (d) Applicants, permittees, or licensees qualifying under paragraph (c) of this section requesting Commission authorization in any other mass media radio service (except the international broadcast (HF) service) private radio service, or common carrier radio communications service otherwise requiring a fee, if the radio service is used in conjunction with the NCE broadcast station on an NCE
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  • E CP New Station. Engineering Amendment filed 09/25/2008 Petitions to deny must be on file no later than 30 days from the date of this public notice accepting the application for filing. NEW 176691 ROUNDUP COMMUNITY RADIO ASSOCIATION MT ROUNDUP , MT BNPED-20071019AZV 88.3 MHZ E CP New Station. Engineering Amendment filed 02/22/2008 Dismissed by letter 3/20/2008 (47 CFR Section 73.503 violation) Petition for Reconsideration Filed 04/02/2008 by Roundup Community Radio Association Petition for Reconsideration granted 9/26/2008 Application reinstated nunc pro tunc 9/26/2008 (no letter sent) Petitions to deny must be on file no later than 30 days from the date of this public notice accepting the application for filing. FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT NEW 170131 KM RADIO
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  • NO.46883 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 12/10/2008 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , ROUNDUP 88.3 MHZ E MT CP New Station. Engineering Amendment filed 02/22/2008 Dismissed by letter 3/20/2008 (47 CFR Section 73.503 violation) Petition for Reconsideration Filed 04/02/2008 by Roundup Community Radio Association Petition for Reconsideration granted 9/26/2008 Application reinstated nunc pro tunc 9/26/2008 (no letter sent) Engineering Amendment filed 12/01/2008 ROUNDUP COMMUNITY RADIO ASSOCIATION NEW 176691 BNPED-20071019AZV MT , EUSTIS 90.3 MHZ E FL CP New Stn. CSN INTERNATIONAL NEW 120610 BNPED-20071022DXQ FL FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A
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  • N N N FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT: January 13, 2010 Janice Wise (202) 418-8165 MEDIA BUREAU ANNOUNCES PROCEDURES FOR OBTAINING COMMISSION APPROVAL FOR NCE STATION FUNDRAISING TO AID HAITI RELIEF EFFORTS The Commission generally prohibits noncommercial educational stations from engaging in on-air fundraising activities on behalf of any entity other than the station itself. See, 47 C.F.R. �� 73.503(d), 73.621(e). See also, Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, 90 FCC 2d 895, 907 (1982). The Commission, however, has granted rule waivers for fundraising appeals to support relief efforts following disasters of particular uniqueness or magnitude, such as Hurricanes Andrew and Katrina, the September 11, 2001 terrorist attacks in New York City, and the January 2005
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  • P P P FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT: March 16, 2011 Janice Wise (202) 418-8165 MEDIA BUREAU ANNOUNCES PROCEDURES FOR OBTAINING COMMISSION APPROVAL FOR NCE STATION FUNDRAISING TO AID JAPAN RELIEF EFFORTS The Commission generally prohibits noncommercial educational stations from engaging in on-air fundraising activities on behalf of any entity other than the station itself. See, 47 C.F.R. �� 73.503(d), 73.621(e). See also, Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, 90 FCC 2d 895, 907 (1982). The Commission, however, has granted rule waivers for fundraising appeals to support relief efforts following disasters of particular uniqueness or magnitude, such as Hurricanes Andrew and Katrina, the September 11, 2001 terrorist attacks in New York City, the January 2005 tsunami
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  • 7 Parshall Testimony at 2. 8 Parshall Testimony at 3. 9 CORPORATION FOR PUBLIC BROADCASTING, RADIO COMMUNITY SERVICE GRANT GENERAL PROVISIONS & ELIGIBILITY CRITERIA 10 (2010), available at http://www.cpb.org/stations/grants/radio/2010/cpb_10RadioCSG_ GeneralProvisions.pdf; CORPORATION FOR PUBLIC BROADCASTING, TELE- VISION COMMUNITY SERVICE GRANT GENERAL PROVISIONS & ELIGIBILITY CRITERIA 6 (2010), available at http://www.cpb.org/stations/grants/ tv/2010/cpb_10TV_CSG_GeneralProvisions.pdf. 10 Parshall Testimony at 8. 11 See 47 C.F.R. �� 73.503(d), 73.621(e). See also Commission Policy Con- cerning the Noncommercial Nature of Educational Broadcast Stations, Memorandum Opinion and Order, 90 FCC 2d 895, 907 (1982). 12 Nonprofit News Websites 1 Ken Doctor, The Newsonomics of a Single Investigative Story, Nieman Journalism Lab, April 21, 2011, http://www.niemanlab.org/2011/04/the- newsonomics-of-a-single-investigative-story/. 2 Jim Romenesko, Religion News Service becomes a nonprofit on June 1, May 19,
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  • � � � � I would like to thank the University of San Francisco and Classical Public Radio Network LLC for their cooperation with our investigation of this proposed transaction and the negotiation of this Consent Decree. The violations addressed in the Consent Decree involve two serious matters: (1) monthly payments for program time, in violation of 47 C.F.R. � 73.503(c) (which forbids such payments to NCE radio stations unless they are limited to reimbursement of operating expenses); and (2) the parties' unintentionally false certifications that the transaction complied with the Commission's rules and policies. We found that the parties violated Section 73.503(c) of the Commission's rules in connection with a Public Service Operating Agreement (``PSOA'') for the pre-closing period. In
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  • might be. Alleged Broadcasts of Prohibited Promotional Announcements Our rules prohibit noncommercial educational stations from broadcasting announcements that promote the sale of goods and services of for-profit entities in exchange for consideration paid to the station. Those who contribute funds to a noncommercial station may receive on-air acknowledgements for identification purposes only. See 47 U.S.C. � 399B; 47 C.F.R. � 73.503(d). Florida alleged that HBS broadcast 173 prohibited announcements on NCE station WLAZ during its start up period of program tests, while its application to be licensed was pending. Florida provided the staff with transcripts of the announcements, translated from Spanish to English, with HBS challenging the accuracy of some of the translations. HBS, while professing a belief that all of
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  • from competitive bidding and under what circumstances. Specifically, are all ``nonprofit educational organizations'' exempt from auctions whenever they apply for any broadcast license, or only when they make a ``showing that the station will be used for the advancement of an educational program''? In other words, is the ``showing'' of an ``educational program'' or ``service'' requirement that appears in sections 73.503 and 73.621 of the Commission's rules, part of the ``eligibility'' requirement that is incorporated by reference in section 397(6) of the Act? Or is the eligibility requirement referenced in section 397(6) only that the applicant be a ``nonprofit educational organization''? If the latter is the case, a nonprofit educational organization could not participate in an auction for a broadcast license
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  • 2002, by KERM, Inc. (``KERM''). KERM seeks review of the May 15, 2002, letter ruling of the Chief, Investigations and Hearings Division, Enforcement Bureau, which found that Family Vision Ministries, Inc. (``Family Vision'') licensee of noncommercial station KAYH(FM), Fayetteville, Arkansas, broadcast a single advertisement in violation of Section 399B of the Communications Act (``Act''), 47 U.S.C. � 399B, and Section 73.503(d) of the Commission's rules, 47 C.F.R. � 73.503(d), but refrained from imposing any sanction. KERM, which provided transcript and recorded evidence and argument challenging numerous KAYH(FM) underwriting announcements, now argues that the staff's ruling ignored additional instances of the licensee's underwriting rule violations, and that the ruling thus failed to impose the appropriate sanction in redress. Family Vision filed a
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  • operated by a municipality and which transmits only noncommercial programs for education purposes.'' Defining stations within the scope of section 397(6)(A) must begin with the content of our eligibility rules as of November 2, 1978, because that is the date section 397(6) became effective. The substance of the eligibility rules for NCE stations has not changed since that time. Section 73.503(a) of the rules sets forth the current eligibility rule for FM stations: ``A noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program.'' Section 73.621(a) of the rules sets forth the current eligibility rule for TV stations: ``[N]oncommercial educational broadcast
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  • NCE to commercial operation, and ``there is absolutely no basis, either in law or in fact, to support the ultimate finding . . . that [High's] commercial operation of its noncommercial permit was the result of an honest mistake.'' 37. We disagree and affirm the Bureau's decision. Section 399B of the Communications Act of 1934, as amended, implemented by Section 73.503 of the Commission's Rules, prohibits NCE broadcast stations from broadcasting announcements that promote the sale of goods and services of for-profit entities in exchange for remuneration. It is undisputed that High, despite holding a permit for KOLI(FM) authorizing NCE FM operations on non-reserved FM Channel 235, commenced commercial operations on February 4, 1998, prior to grant of the license application
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  • Section 73.621 of the Commission's Rules, 47 C.F.R. � 73.621, provides that ``noncommercial educational broadcast stations will be licensed only to nonprofit educational organizations upon a showing that the proposed stations will be used primarily to serve the educational needs of the community; for the advancement of educational programs; and to furnish a nonprofit and noncommercial television broadcast service.'' Section 73.503 of the Commission's rules addresses the licensing requirements and service of noncommercial educational FM stations. Under our rules, a noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program. See 47 C.F.R. � 73.503(a)(2). Although the Commission does not reserve
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  • International (per active 64KB circuit or equivalent) P.O. Box 358835 Pittsburgh, PA 15251-5835 7. Section 1.1162 is amended by revising paragraphs (e) through (h) to read as follows: �1.1162 (e) from: (e) Applicants, permittees or licensees of noncommercial educational broadcast stations in the FM or TV services, as well as AM applicants, permittees or licensees operating in accordance with � 73.503 of this chapter. to: (e) Applicants, permittees or licensees of noncommercial educational (NCE) broadcast stations in the FM or TV services, as well as AM applicants, permittees or licensees operating in accordance with � 73.503 of this chapter. �1.1162 (f) from: (f) Applicants, permittees, or licensees qualifying under paragraph (e) of this section requesting Commission authorization in any other mass
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  • of his or her application.'' * * * * * � 1.1114 General exemptions to charges. * * * * * Change (c) Applicants, permittees or licensees of noncommercial educational broadcast stations in the FM or TV services, as well as AM applicants, permittees or licensees who certify that the station will operate or does operate in accordance with � 73.503 of the rules. (d) Applicants, permittees, or licensees qualifying under par. (c) of this section requesting Commission authorization in any other mass media radio service (except the international broadcast (HF) service) private radio service, or common carrier radio communications service otherwise requiring a fee, if the radio service is used in conjunction with the noncommercial educational broadcast station on a
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  • their operations. As amended, Section 399B of the Act permits NCE stations to provide facilities and services in exchange for remuneration as long as those uses do not interfere with the station's ``provision of public telecommunications services.'' Section 399B, however, does not permit NCE stations to make their facilities ``available to any person for the broadcasting of any advertisement.'' Section 73.503 of the Commission's rules addresses the licensing requirements and service of NCE FM stations. Under our rules, an NCE FM broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program. Although the Commission does not reserve frequencies for NCE use in the AM
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  • Station WCVZ(FM), South Zanesville, Ohio (the ``Station''). Christian Voice seeks reconsideration of a May 9, 2008, Forfeiture Order, in which the Enforcement Bureau (the ``Bureau'') imposed a $9,000 forfeiture against Christian Voice for its willful and repeated broadcast of advertisements over the Station in violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules. In its Petition, Christian Voice contends that the Bureau committed legal error by misapplying applicable precedent in reaching its legal conclusions. At the same time, Christian Voice, in its Petition, appears to concede that it violated our underwriting rules, but argues that the forfeiture imposed is not commensurate with past enforcement actions for similar violations. Christian
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  • Because the statute incorporates by reference the Commission's NCE organization eligibility rules, we must look to those rules in determining NCE and, consequently, LPFM eligibility under Section 397(6) of the Act. The Rules limit NCE station eligibility to nonprofit educational organizations that show that the station will be used ``for the advancement of an educational program.'' 6. In applying Section 73.503, the Commission has required that NCE applicants be: (a) a government or public educational agency, board or institution; (b) a private, nonprofit educational organization; or (c) a nonprofit entity with a demonstrated educational purpose. We require that an applicant described in (a) or (b) above have an educational program and demonstrate how its programming will be used for the advancement
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  • or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person.''); 47 C.F.R. � 73.1212. See 47 U.S.C. � 399B; 47 C.F.R. � 73.503(d). See Notice, � 33. Id. The Commission noted the ``urgent necessity for rapid administrative action under the circumstances.'' Omnipoint Corp. v. FCC, 78 F.3d 620, 629 (D.C. Cir. 1996) (upholding seven-day comment period for rules in twice-delayed C Block auction given urgent necessity for rapid administrative action) (internal quotes and cites omitted). See Notice, � 33. See 5 U.S.C. �
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  • 3d Sess. 1-2 (1879) (quoted in Merrion v. Jicarilla Apache Tribe, 455 U.S. 130, 140, 102 S.Ct. 894, 903, 71 L.Ed.2d 21 (1981)). Tribal Policy Statement, 16 FCC Rcd at 4080-81 (2000). The principal community contour is set forth in 47 C.F.R. �� 73.24(i), 73.315(a), and 73.515. See FM Assignment Policies at 91-93. 47 C.F.R. � 73.7002(b). See id. �� 73.503, 73.561. 47 U.S.C. � 307(b). See Winter Park Comm'ns, Inc. v. FCC, 873 F.2d 347, 352 (D.C. Cir. 1989) (``The FCC has broad discretion under section 307(b) to determine the public interest, and nothing in the Communications Act prevents the FCC from defining the term `community' differently in different contexts, or from adopting an interpretation that strays considerably from political
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  • in reference, as used generally in this section the term ``applicant'' also refers to a party filing a Petition for Rule Making to amend the FM Table of Allotments, 47 C.F.R. � 73.202. See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC2d 88, 91-93 (1982) (``FM Assignment Policies''). 47 C.F.R. � 73.7002(b). See id. �� 73.503, 73.561. Rural NPRM, 24 FCC Rcd at 5249. 515 U.S. 200, 227 (1995) (``Adarand''). 47 U.S.C. � 307(b). As used here, ``tribal lands'' means both ``reservations'' and ``near reservation'' lands. ``Reservations'' is defined as any federally recognized Indian tribe's reservation, pueblo or colony, including former reservations in Oklahoma, Alaska Native regions established pursuant to the Alaska Native Claims Settlements Act
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  • newspaper/television combinations); CWA Comments at 25-26 (citing evidence that newspapers and television stations remain the dominant sources of local news and information). Media Ownership Study 5 at 4-5; but see Information Needs of Communities at 231 (stating that the number of cities with ``all-news radio stations dropped from 50 in the 1980s to 30 in 2010''). ). 47 C.F.R. � 73.503(a). See 2006 Quadrennial Review Order, 23 FCC Rcd at 2038, � 46 (finding that ``the weight of evidence indicates that cross-ownership can promote localism by increasing the amount of news and information transmitted by the co-owned outlets''); 2002 Biennial Review Order, 18 FCC Rcd at 13753-60, 13760-61, �� 342-54, 356-58 (citing evidence that broadcast stations owned by newspapers generally produce
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  • non-profit organizations in order to conform the rule to Section 399B of the Act. Despite these changes and other liberalizations of the fundraising and donor acknowledgment rules, the Commission continued the ban on conducting fundraising activities which substantially alter or suspend regular programming and are designed to benefit any entity other than the station itself, codifying these requirements in Sections 73.503(d) and 73.621(e) of the Commission's rules. Those rules provide, in pertinent part, that ``[t]he scheduling of any announcements . . . may not interrupt regular programming.'' Commission staff has occasionally granted waivers of these rules in extraordinary circumstances. For example, the Commission granted a waiver to the licensee of an NCE television station to broadcast a three-hour fundraiser for Wolf
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  • awarding additional points for local-origination programming would: (1) promote the purpose of the noncommercial educational service; (2) advance Congress' goal of preserving local origination programming; and (3) pass muster in court. The majority's argument against adoption is specious. I therefore dissent. See Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-43 (1984). See 47 C.F.R. � 73.503. See 47 C.F.R. � 73.513. See H.R. 2015, 105th Cong., 1st Sess., � 3301(a)(1); S. 947, 105th Cong., 1st Sess., � 3001(a)(1). See Russello v. United States, 464 U.S. 16, 23-24 (1983). Carnegie Commission on Educational Television, Public Television: A Program For Action 87 (1967). Cable Television Consumer Protection and Competition Act of 1992, 102 P.L. 385 (1992) Sec. 2(a)(10).
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  • radial extends over large bodies of water or foreign territory, only that part of the radial extending from 3 kilometers to the outermost portion of land in the United States covered by the radial used must be used in the computation of antenna height above average terrain. * * * * * 15. The note at the end of Section 73.503 is amended to include an additional source of information, as follows: � 73.503 Licensing requirements and service. * * * * * * * * * * (d) * * * * * Note: Commission interpretation on this rule, including the acceptable form of acknowledgements, may be found in the Second Report and Order in Docket No. 21136 (Commission Policy
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  • ``educational.'' An issue as to the interpretation of this ``educational'' requirement arose in the context of an application filed by a religious institution in 1977. In Moody Bible Institute of Chicago, in a two sentence opinion, the Commission granted an application for a new noncommercial educational FM (``NCEFM'') station, finding that religious institution qualified as an ``educational organization'' under Section 73.503 of the Commission's rules. In a Concurring Statement, Chairman Wiley wrote separately, indicating that ``the reason for the concurrence is simply to express [the] concern with the lack of a clear Commission standard for determining when an organization qualifies for a grant of license under'' the rule governing eligibility for NCEFM stations. The Chairman was ``particularly concerned that [the] present
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  • to operate. In this regard, LPFM NCE stations will be different from full-service NCE stations that operate in the non-reserved band. The latter can convert from NCE status to commercial status at will by filing a notification letter with the Commission, but LPFM stations will not be permitted to change their noncommercial status. 47 U.S.C. � 397(6). 47 U.S.C. � 73.503(a). The same eligibility requirements were in effect on the effective date of Section 397(6) of the Act. See also Appendix A to Notice of Inquiry, In the Matter of Eligibility for Noncommercial Educational FM and TV Broadcast Station Licenses, BC No. 78-164, FCC 77-382, 43 Fed. Reg. 30842 (1978), 30844 (processing guidelines for institutional and organizational applicants for noncommercial educational
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  • speakers, that is not our intention. In response to commenters who are concerned about fairness to nonprofit corporations, who are not themselves eligible for accreditation because they are not institutions of learning, we clarify that such corporations may nevertheless qualify for the credit if they are providing programming to accredited schools in coordination with those schools. See 47 C.F.R. �� 73.503 (a) and 73.621(a). In this manner, applicants who will provide educational service to many schools, but who cannot achieve that goal without some signal contour overlap and resulting loss of the local diversity credit, will not be placed at a disadvantage in comparison to applicants serving a smaller number of schools. An applicant serving many schools would receive two points
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  • and (2)(C). As explained above, however, section 309(j)(1) is not an absolute mandate to auction all commercial spectrum and the hortatory ``seek to promote'' language of section (j)(C)(3) must give way to the mandatory language of the statutory exemption for NCEs. See Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-43 (1984). See 47 C.F.R. � 73.503. See 47 C.F.R. � 73.513. See H.R. 2015, 105th Cong., 1st Sess., � 3301(a)(1); S. 947, 105th Cong., 1st Sess., � 3001(a)(1). See Russello v. United States, 464 U.S. 16, 23-24 (1983). 0 � �
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  • 13, 2001 Released: June 14, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this Order, we admonish R. J.' s Late Night Entertainment Corporation (``Late Night''), licensee of noncommercial educational station WHPR-FM, Highland Park, Michigan, 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. Late Night responded to our January 19, 2001, inquiry by submission dated February 8, 2001. We have carefully reviewed the record, including Late Night's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we
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  • OPINION AND ORDER Adopted: September 17, 2001 Released: September 18, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Tri-State Inspirational Broadcasting Corporation (``Tri-State''), licensee of noncommercial educational station WFIX(FM), Florence, Alabama, 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. Tri-State responded to our May 16, 2001, and June 13, 2001, inquiries by submission dated June 25, 2001. We have carefully reviewed the record, including Tri-State's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this
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  • OPINION AND ORDER Adopted: December 5, 2001 Released: December 6, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this 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
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  • the Chief, Enforcement Bureau: In this Order, we deny the petition for reconsideration filed July 3, 2000, by Midway Broadcasting Company (``Midway''). Midway seeks reconsideration of the June 2, 2000, action of the Chief, Investigations and Hearings Division, admonishing Black Media Works, Inc. (``Black Media'') for violating Section 399B of the Communications Act (``Act''), 47 U.S.C. � 399B, and Section 73.503(d) of the Commission's rules, 47 C.F.R. � 73.503(d), by broadcasting prohibited advertisements over noncommercial educational station WJFP(FM), Fort Pierce, Florida. Midway, the original complainant in this matter, argues that admonishment is an inadequate sanction to redress the statutory and rule violations involved. We reject Midway's arguments. The challenged June 2, 2000, decision letter admonished Black Media to comply with the
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  • 8, 2002 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Daystar Public Radio, Inc. (``Daystar''), licensee of noncommercial educational station WKSG(FM), Cedar Creek, Florida, for broadcasting advertisements and conducting impermissible fundraising 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. Daystar responded to our April 30, 2002, inquiry by its submission filed May 17, 2002. We have carefully reviewed the record, including Daystar's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we find
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  • 27, 2002 Released: August 28, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Family Life Educational Foundation (``Family Life''), licensee of noncommercial educational radio station KOUZ(FM), Alexandria, Louisiana, apparently violated 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, by willfully and repeatedly broadcasting advertisements. Based on our review of the facts and circumstances of this case, we conclude that Family Life is apparently liable for a monetary forfeiture in the amount of Two Thousand Dollars ($2,000.00). II. Background 2. This case arises from a complaint alleging that noncommercial station KOUZ(FM) broadcast
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  • October 1, 2002 Released: October 2, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Calvary Bible College (``Calvary''), licensee of noncommercial educational station KLJC(FM), Kansas City, Missouri, for broadcasting advertisements and conducting impermissible fundraising 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. Based on our review of the facts and circumstances of this case, we conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we find that an admonishment is necessary to redress the statutory and rule violations.
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  • 2001) (``Admonishment Order'') by deleting Paragraph 9 of the ruling. II. BACKGROUND 2. The joint petitioners, who did not participate in the underlying proceeding, now seek 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
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  • OPINION AND ORDER Adopted: November 26, 2003 Released: December 1, 2003 By the Deputy Chief, Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Jones College (``Jones''), licensee of noncommercial educational station WKTZ-FM, Jacksonville, Florida, for broadcasting advertisements in violation of Section 399B of the Communications Act of 1934, as amended (``the Act''),1 and Section 73.503 of the Commission's rules.2 Based on our review of the facts and circumstances of this case, we conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. Although we believe that no monetary sanction is warranted at this time based on the licensee's prior unblemished record and other factors, we find that an admonishment is necessary
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  • Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. By this Order, we admonish Great Lakes Community Broadcasting, Inc. (``Great Lakes''), licensee of noncommercial educational Station WAAQ(FM), Onsted, Michigan, and translator Station W214BH, Mount Pleasant, Michigan, for broadcasting impermissible donor and underwriting advertisements in violation of section 399B of the Communications Act of 1934, as amended (``the Act''),1 and section 73.503 of the Commission's rules,2 and for airing originations concerning financial support on its translator station in excess of the limitations set forth in section 74.1231(g) of the Commission's rules.3 Based upon our review of the facts and circumstances of this case, we conclude that Great Lakes has violated these statutory and Commission underwriting and translator rule provisions. Although we believe
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  • 12, 2002, by KERM, Inc. (``KERM'').1 KERM seeks review of the May 15, 2002, letter ruling of the Chief, Investigations and Hearings Division, Enforcement Bureau, which found that Family Vision Ministries, Inc. (``Family Vision'') licensee of noncommercial station KAYH(FM), Fayetteville, Arkansas, broadcast a single advertisement in violation of Section 399B of the Communications Act (``Act''), 47 U.S.C. 399B, and Section 73.503(d) of the Commission's rules, 47 C.F.R. 73.503(d), but refrained from imposing any sanction. KERM, which provided transcript and recorded evidence and argument challenging numerous KAYH(FM) underwriting announcements, now argues that the staff's ruling ignored additional instances of the licensee's underwriting rule violations, and that the ruling thus failed to impose the appropriate sanction in redress. Family Vision filed a pleading
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  • April 12, 2004 By the Deputy Chief, Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. In this Order, we admonish American Family Association (``AFA''), licensee of noncommercial educational Stations WAEF(FM), Cordele, Georgia, and WBJY(FM), Americus, Georgia, 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. We have carefully reviewed the record, including the complaint and AFA's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we find that an admonishment is necessary to redress the statutory and rule violations.
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  • Released: August 23, 2004 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we admonish Enid Public Radio Association (``Enid''), licensee of low power noncommercial educational FM Station KUAL-LP, Enid, Oklahoma, for broadcasting advertisements in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.503(d)2 of the Commission's rules. We have carefully reviewed the record, including Enid's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, based on the entire circumstances of this case, we find that an admonishment is necessary to redress the statutory and
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  • November 9, 2004 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we admonish Technology Information Foundation, Ltd. (``Technology''), licensee of low power noncommercial educational FM Station WLFK-LP, Eau Claire, Wisconsin, for broadcasting advertisements in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.503(d) of the Commission's rules.2 We have carefully reviewed the record, including Technology's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions, in addition to having failed to submit required information in response to a Commission inquiry. While we believe that no monetary sanction is warranted at this time, based upon the entire circumstances
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3838A1.html
  • 7, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Christian Voice of Central Ohio, Inc. (``Christian Voice''), licensee of formerly noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, has apparently violated 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, by apparently willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Christian Voice is apparently liable for a monetary forfeiture in the amount of $20,000. II. BACKGROUND 2. This case arises from a complaint filed with the Commission in September 2003,
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1949A1.html
  • Enforcement Bureau: 1. In this Forfeiture Order ("Order") we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Hispanic Broadcast System, Inc. (``HBS''), licensee of noncommercial educational broadcast station WQQZ(FM), Clermont, Florida, for the willful and repeated broadcast of advertisements in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''),1 section 73.503(d) of the Commission's rules (``underwriting rules'').2 2. In our Notice of Apparent Liability for Forfeiture (``NAL''), we proposed a monetary forfeiture in the amount of $10,000 to HBS for its apparent violation of the underwriting rules through its broadcast of two underwriting announcements that impermissibly promoted for-profit entities a total of 288 times from May 31 through June 27, 2004.3
• http://transition.fcc.gov/eb/Orders/2005/DA-05-349A1.html
  • LIABILITY FOR FORFEITURE Adopted: 02/08/2005 Released: 02/09/2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Hispanic Broadcast System, Inc. (``HBS''), licensee of noncommercial educational Station WQQZ(FM), Clermont, Florida, has apparently violated 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, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that HBS is apparently liable for a monetary forfeiture in the amount of $10,000. II. BACKGROUND 2. This case arises from a complaint made to the Commission in July 2004, alleging that
• http://transition.fcc.gov/eb/Orders/2005/DA-05-444A1.html
  • 25, 2005 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the ``Bureau'') into the possible violation by Brevard Youth Education Broadcasting Corporation (``Brevard''), licensee of noncommercial educational FM Station WCEE-LP, Melbourne, Florida, of section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.503(d) of the Commission's rules,2 in connection with the broadcast of underwriting acknowledgments over the station by Brevard. 2. The Bureau and Brevard have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://transition.fcc.gov/eb/Orders/2005/DA-05-444A2.html
  • FM Station WCEE-LP (Facility ID No. 13563), licensed to Melbourne, Florida; f) ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.; g) ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; h) ``Underwriting Laws'' means section 399B of the Communications Act of 1934, 47 U.S.C. 399B, and section 73.503(d) of the Commission's rules, 47 C.F.R. 73.503(d); i) ``Complaints'' mean third-party complaints received by, or in the possession of, the Bureau alleging violation of the Underwriting Laws by Brevard, dated September 10 and December 12, 2003; j) ``Investigation'' means the investigation of the allegations contained in the Complaints, including the letters of inquiry from the Bureau to Brevard, dated November
• http://transition.fcc.gov/eb/Orders/2005/DA-05-537A1.html
  • Station WCNJ(FM), ) Facility ID No. 70644 Hazlet, New Jersey ORDER Adopted: March 7, 2005 Released: March 8, 2005 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (the ``Bureau'') has been investigating whether WVRM, Inc. (``WVRM''), licensee of noncommercial educational Station WCNJ(FM), Hazlet, New Jersey, has violated section 399B of the Communications Act of 1934, as amended,1 and section 73.503(d) of the Commission's rules,2 in connection with the broadcast by WVRM of underwriting acknowledgments over the station. 2. The Bureau and WVRM have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://transition.fcc.gov/eb/Orders/2005/DA-05-537A2.html
  • Station WCNJ(FM) (Facility ID No. 70644), licensed to Hazlet, New Jersey; g) ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.; h) ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; i) ``Underwriting Laws'' means section 399B of the Communications Act of 1934, 47 U.S.C. 399B, and section 73.503(d) of the Commission's rules, 47 C.F.R. 73.503(d); j) ``Complaints'' mean third-party complaints received by, or in the possession of, the Bureau alleging violation of the Underwriting Laws by WVRM, dated August 14, 2002, and March 15, 2004; k) ``Investigation'' means the investigation of the allegations contained in the Complaints, including the letters of inquiry from the Bureau to WVRM, dated
• http://transition.fcc.gov/eb/Orders/2005/DA-05-725A1.html
  • FOR FORFEITURE Adopted: March 17, 2005 Released: March 17, 2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Caguas Educational TV, Inc. (``Caguas''), licensee of noncommercial educational Station WLAZ(FM), Kissimmee, Florida, has apparently violated section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.503 of the Commission's rules,2 by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Caguas is apparently liable for a monetary forfeiture in the amount of $10,000. II. BACKGROUND 2. This case arises from a complaint made to the Commission in July 2004 (``Complaint''), alleging that noncommercial educational
• http://transition.fcc.gov/eb/Orders/2007/DA-07-713A1.html
  • we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and CSSI Non-Profit Educational Broadcasting Corporation ("CSSI"), licensee of Noncommercial Educational Stations KSQX(FM), Springtown, Texas, KMQX(FM), Weatherford, Texas, and KYQX(FM), Weatherford, Texas. The Consent Decree terminates an investigation by the Bureau into whether CSSI violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by CSSI of underwriting acknowledgments over the stations. 1. The Bureau and CSSI have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://transition.fcc.gov/eb/Orders/2007/DA-07-713A2.html
  • operation of the Stations during the period February through April 2005; l. "Parties" means the Bureau and CSSI; m. "Licenses" means all authorizations, permits and licenses issued by the Commission in connection with the operation of the Stations; n. "Licensee" means the holder of the Licenses; o. "Alleged Violations" means alleged violations of Section 399(b) of the Act and Section 73.503(d) of the Rules by CSSI, as described in this Consent Decree; and p. "Underwriting Laws" means Section 399B of the Communications Act of 1934, 47 U.S.C. S 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. S 73.503(d). III. BACKGROUND 3. On or about September 6, 2005, the Bureau received a complaint alleging that the Stations had aired prohibited
• http://transition.fcc.gov/eb/Orders/2007/DA-07-916A1.html
  • Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Navajo Missions, Inc. ("NMI"), licensee of Noncommercial Educational Station KNMI(FM), Farmington, New Mexico. The Consent Decree terminates an investigation by the Bureau into whether NMI violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by NMI of underwriting acknowledgments over the stations. 1. The Bureau and NMI have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://transition.fcc.gov/eb/Orders/2007/DA-07-916A2.html
  • Station; h. "Licensee" means the holder of the License; i. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. Section 151 et seq.; j. "Rules" means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; k. "Underwriting Laws" means Section 399B of the Communications Act of 1934, 47 U.S.C. S 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. S 73.503(d). l. "Adopting Order" means an order of the Bureau adopting this Consent Decree; m. "Effective Date" means the date on which the Adopting Order is released; n. "Consultant" means a outside professional adviser who is expert in Underwriting Laws and issues and who is retained by the Licensee; o. "Investigation" means the
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1092A1.html
  • INTRODUCTION 1. By this Forfeiture Order, we impose a forfeiture of $9,000 on Christian Voice of Central Ohio, Inc. ("Christian Voice"), licensee of formerly noncommercial educational television Station WCVZ(FM), South Zanesville, Ohio, for its willful and repeated broadcast of advertisements over the station, in violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's rules. We take this action pursuant to 47 U.S.C. S: 503(b)(1)(D) and 47 C.F.R. S: 1.80(f)(4). II. BACKGROUND 2. This case arises from a complaint filed with the Commission in September 2003, alleging that then-noncommercial educational Station WCVZ(FM) broadcast prohibited underwriting announcements during the month of August 2003. In April 2004, after the complaint had been filed,
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1350A1.html
  • June 11, 2008 Released: June 11, 2008 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and WNYC Radio ("WNYC"). The Consent Decree terminates an investigation by the Bureau against WNYC for possible violations of section 399B of the Communications Act of 1934, as amended, and section 73.503(d) of the Commission's rules regarding the broadcast by WNYC of underwriting acknowledgments over Stations WNYC(AM) and WNYC-FM, New York, New York. 2. The Bureau and WNYC have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree
• http://transition.fcc.gov/eb/Orders/2008/DA-08-446A1.html
  • Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Long Pond Baptist Church ("Long Pond"), licensee of Noncommercial Educational Station WTBH(FM), Chiefland, Florida. The Consent Decree terminates an investigation by the Bureau into whether Long Pond violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by Long Pond of underwriting acknowledgments over its Station. 1. The Bureau and Long Pond have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find
• http://transition.fcc.gov/eb/Orders/2008/DA-08-527A1.html
  • In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Southern Rhode Island Public Radio Broadcasting, Inc. ("SRIPRB"), licensee of Noncommercial Educational Station WKIV(FM), Westerly, Rhode Island. The Consent Decree terminates an investigation by the Bureau into whether SRIPRB violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by SRIPRB of underwriting acknowledgments over the stations. 1. The Bureau and SRIPRB have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://transition.fcc.gov/eb/Orders/2008/DA-08-527A2.html
  • Station; h. "Licensee" means the holder of the License; i. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. Section 151 et seq.; j. "Rules" means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; k. "Underwriting Laws" means Section 399B of the Communications Act of 1934, 47 U.S.C. S: 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. S: 73.503(d); l. "Adopting Order" means an order of the Bureau adopting this Consent Decree; m. "Effective Date" means the date on which the Adopting Order is released; n. "Investigation" means the investigation conducted by the Bureau regarding compliance by Southern with the Act and the Rules governing underwriting announcements by noncommercial educational broadcast
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-250A1.html
  • Station WCVZ(FM), South Zanesville, Ohio (the "Station"). Christian Voice seeks reconsideration of a May 9, 2008, Forfeiture Order, in which the Enforcement Bureau (the "Bureau") imposed a $9,000 forfeiture against Christian Voice for its willful and repeated broadcast of advertisements over the Station in violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's rules. In its Petition, Christian Voice contends that the Bureau committed legal error by misapplying applicable precedent in reaching its legal conclusions. At the same time, Christian Voice, in its Petition, appears to concede that it violated our underwriting rules, but argues that the forfeiture imposed is not commensurate with past enforcement actions for similar violations. Christian
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1437A1.html
  • 26, 2009 Released: June 26, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a monetary forfeiture of $2,000 against Cayuga County Community College ("Cayuga" or "Licensee"), licensee of noncommercial educational Station WDWN (FM), Auburn, New York, ("Station"), for violating Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's rules by broadcasting advertisements over the Station. I. background 2. On August 26, 2005, Mr. Jim Seward filed a complaint with the Commission, alleging that noncommercial educational Station WDWN (FM) had aired prohibited commercial announcements during its August 13, 2005, broadcast of an Auburn Doubledays baseball game. 3. Following Mr. Seward's complaint, the Enforcement Bureau ("Bureau"), by
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1511A1.html
  • 2009 Released: July 8, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a monetary forfeiture of $6,000 against Lancaster Educational Broadcasting Foundation ("Lancaster" or "Licensee"), licensee of noncommercial educational Station WFCO(FM), Lancaster, Ohio, for violating Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's rules by broadcasting prohibited advertisements over the Station. I. background 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WFCO(FM) broadcast prohibited underwriting announcements during its broadcast of Capital University college football games during the 2006 season. Thereafter, the Bureau inquired of the licensee concerning the allegations contained in the
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1569A1.html
  • ORDER Adopted: July 21, 2009 Released: July 21, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a monetary forfeiture of $6,000 against Power Radio Corporation ("PRC" or "Licensee"), licensee of noncommercial educational Station KXPW-LP, Georgetown, Texas ("Station"), for violating Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's rules by broadcasting advertisements over the Station. I. background 2. This case arises from a complaint made to the Commission in November 2003, alleging that noncommercial educational Station KXPW-LP broadcast prohibited underwriting announcements on July 16, 2003. Thereafter, the Enforcement Bureau ("Bureau") inquired of the Licensee concerning the allegations contained in the complaint. PRC responded to the
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1577A1.html
  • the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Pontifical Catholic University of Puerto Rico Service Association, Inc. ("Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Station WPUC-FM, Ponce, Puerto Rico (the "Station"). 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1596A1.html
  • 2 supra, Chladek certified in 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/2009/DA-09-1733A1.html
  • FORFEITURE ORDER Adopted: July 31, 2009 Released: July 31, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a monetary forfeiture of $4,500 against Jones College ("Jones" or "Licensee"), licensee of noncommercial educational Station WKTZ-FM, Jacksonville, Florida ("Station"), for violating Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's Rules by broadcasting advertisements over the Station. I. background 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WKTZ-FM had broadcast prohibited advertisements. Following the complaint, agency monitoring and recording of station broadcasts was conducted on July 2 and 9, 2005. Thereafter, the Enforcement Bureau ("Bureau") inquired of the Licensee
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1832A1.html
  • August 25, 2009 By the Acting Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a monetary forfeiture of $2,000 against Ministerio Radial Cristo Viene Pronto, Inc. ("Ministerio" or "Licensee"), licensee of noncommercial educational Station WCRP (FM), Guayama, Puerto Rico ("Station"), for violating Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's rules by broadcasting prohibited advertisements over the Station. I. background 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WCRP(FM) broadcast prohibited underwriting announcements on or about October 25, 2006. Thereafter, the Bureau inquired of the Licensee concerning the allegations contained in the complaint. Ministerio responded substantively to the LOI
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2011A1.html
  • September 25, 2009 By the Acting Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Daystar Public Radio, Inc. ("Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Station WKSG(FM), Cedar Creek (the "Station"). 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2011A2.html
  • Station WKSG(FM), Cedar Creek, Florida ) FRN No. 0005795976 ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and Daystar Public Radio, Inc. ("Licensee"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referred investigation into whether the Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by the Licensee of underwriting acknowledgments over its noncommercial educational Station WKSG(FM), Cedar Creek, Florida. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" or "Order"
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2064A1.html
  • 9, 2009 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Payson Council for the Musical Arts, Inc. ("Licensee"). The Consent Decree terminates an investigation by the Bureau against Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by Licensee of underwriting acknowledgments over Station KRIM-LP, Payson, Arizona (the "Station"). 2. The Bureau and Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2064A2.html
  • Arizona ) FRN No. 0004296174 ) ) ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and Payson Council for the Musical Arts, Inc. ("Licensee"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referenced investigation into whether Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, KRIM-LP, Payson, Arizona. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2146A1.html
  • 6, 2009 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Long Island University Public Radio Network ("Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Stations WLIU(FM), Southampton, NY and WCWP(FM), Brookville, NY (the "Stations"). 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms
• http://transition.fcc.gov/eb/Orders/2009/DA-09-216A1.html
  • 10, 2009 Released: February 10, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Lancaster Educational Broadcasting Foundation ("Lancaster"), licensee of noncommercial educational Station WFCO(FM), Lancaster, Ohio, has apparently violated Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503 of the Commission's rules, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Lancaster is apparently liable for a monetary forfeiture in the amount of seven thousand five hundred dollars ($7,500). II. BACKGROUND 2. This case arises from a complaint made to the Commission alleging that noncommercial
• http://transition.fcc.gov/eb/Orders/2009/DA-09-25A1.html
  • Released: January 16, 2009 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and American Institute for Jewish Education ("AIJE"). The Consent Decree terminates an investigation by the Bureau against AIJE for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by AIJE of underwriting acknowledgments over Station WMDI-LP, Lakewood, New Jersey (the "Station"). 2. The Bureau and AIJE have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and
• http://transition.fcc.gov/eb/Orders/2009/DA-09-25A2.html
  • 200932080018 Station WMDI-LP, Lakewood, New Jersey ) FRN 0008568065 ) ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and American Institute for Jewish Education ("AIJE"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into whether AIJE violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by AIJE of underwriting acknowledgments over its noncommercial educational Station WMDI-LP, Lakewood, New Jersey. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an Order
• http://transition.fcc.gov/eb/Orders/2009/DA-09-47A1.html
  • 16, 2009 Released: January 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Jones College, licensee of noncommercial educational Station WKTZ-FM, Jacksonville, Florida, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Jones College is apparently liable for a monetary forfeiture in the amount of $5,000. II. BACKGROUND 2. This case arises from a complaint made to the Commission's Tampa Office on June 24, 2005, alleging that noncommercial educational Station WKTZ-FM had broadcast
• http://transition.fcc.gov/eb/Orders/2009/DA-09-48A1.html
  • January 16, 2009 Released: January 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ministerio Radial Cristo Viene Pronto, Inc., ("Ministerio"), licensee of noncommercial educational Station WCRP(FM), Guayama, Puerto Rico, has apparently violated Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503 of the Commission's rules, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Ministerio is apparently liable for a monetary forfeiture in the amount of $2,500. II. BACKGROUND 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WCRP(FM) broadcast prohibited
• http://transition.fcc.gov/eb/Orders/2009/DA-09-49A1.html
  • and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Independence Public Media of Philadelphia, Inc. ("Independence"), licensee of noncommercial educational television Station WYBE(TV), Philadelphia, Pennsylvania, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Independence is apparently liable for a monetary forfeiture in the amount of two thousand five hundred dollars ($2,500). II. BACKGROUND 2. This case arises from a complaint made to the Commission on October 18, 2006, alleging that noncommercial educational television Station
• http://transition.fcc.gov/eb/Orders/2009/DA-09-50A1.html
  • 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cayuga County Community College ("Cayuga"), licensee of noncommercial educational Station WDWN(FM), Auburn, New York, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Cayuga is apparently liable for a monetary forfeiture in the amount of $2,500. II. BACKGROUND 2. This case arises from a complaint made to the Commission on August 26, 2005, alleging that noncommercial educational Station WDWN(FM) had aired prohibited commercial announcements
• http://transition.fcc.gov/eb/Orders/2009/DA-09-51A1.html
  • Released: March 18, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Power Radio Corporation ("PRC"), licensee of noncommercial educational Station KXPW-LP, Georgetown, Texas, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Sections 73.503 and 73.801 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that PRC is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000). II. BACKGROUND 2. This case arises from a complaint made to the Commission in November 2003, alleging that noncommercial educational Station KXPW-LP broadcast
• http://transition.fcc.gov/eb/Orders/2009/DA-09-790A1.html
  • Halifax for violations of Section 73.845 of the Commission's Rules ("Rules") and Section 301 of the Communications Act of 1934, as amended ("Act"), regarding Halifax's operation of its station in a manner inconsistent with its station authorization and its operation of an unlicensed radio transmitter. The Consent Decree also terminates an investigation by the Bureau of possible violations of Section 73.503(b) of the Rules and Section 399(b) of the Act, regarding Halifax's broadcast of announcements in violation of the Commission's underwriting rules. 2. The Bureau and Halifax have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1077A1.html
  • Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that National Farm Workers Service Center, Inc. (the "Licensee"), licensee of noncommercial educational Station KUFW(FM), Woodlake, California (the "Station"), willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of $12,500. II. BACKGROUND 2. On August 30, 2006, the Enforcement Bureau's (the "Bureau's") San Francisco Field Office conducted an inspection of the Station and recorded a segment of
• http://transition.fcc.gov/eb/Orders/2010/DA-10-2313A1.html
  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Tri-State Public Communications, Inc. (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 317, 399B, and 507 of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.1212 of the Commission's Rules regarding the broadcast of sponsorship identification and underwriting announcements over Station WHDD-FM, Sharon, Connecticut (the "Station"). 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the
• http://transition.fcc.gov/eb/Orders/2010/DA-10-581A1.html
  • Released: April 27, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and WAY-FM Media Group, Inc. ("Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Station KXWA(FM), Loveland, Colorado (the "Station"). 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree
• http://transition.fcc.gov/eb/Orders/2010/DA-10-581A2.html
  • 201032080014 Station KXWA(FM), Loveland, Colorado ) FRN No. 0004995288 ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and WAY-FM Media Group, Inc. ("Licensee"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referred investigation into whether the Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by the Licensee of underwriting acknowledgments over its noncommercial educational Station KXWA(FM), Loveland, Colorado. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" or "Order" means
• http://transition.fcc.gov/eb/Orders/2010/DA-10-685A1.html
  • Released: April 28, 2010 By Investigations and Hearings Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Hazard Community Broadcasting ("Licensee"). The Consent Decree terminates an investigation by the Bureau against Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, WLZD-LP, Hazard, Kentucky (the "Station"). 2. The Bureau and Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the
• http://transition.fcc.gov/eb/Orders/2010/DA-10-685A2.html
  • Hazard, Kentucky ) (Formerly WRZD-LP and WYZQ-LP) FRN No. 0007570310 ) ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and Hazard Community Broadcasting ("Licensee"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referenced investigation into whether Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, WLZD-LP, Hazard, Kentucky. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an
• http://transition.fcc.gov/eb/Orders/2011/DA-11-410A1.html
  • Investigations and Hearings Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and New Beginning World Outreach, Inc. (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of section 399B of the Communications Act of 1934, as amended, and section 73.503(d) of the Commission's Rules regarding the broadcast of underwriting announcements over noncommercial educational Station WNBV(FM), Grundy, Virginia. 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the
• http://transition.fcc.gov/eb/Orders/2011/DA-11-862A1.html
  • 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and David Carus & Associates (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 399B and 310(d) of the Communications Act of 1934, as amended, and sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules, in connection with the transfer of control of FM Translator Station W264AS, Rockledge, Florida ("Station W264AS"), FM Translator Station W272BA, Cocoa Beach, Florida, and Aural Studio Transmitter Link WQEQ835 (collectively, the "Stations"); and the broadcast of underwriting announcements and originations concerning financial support over Station W264AS. 2. The Bureau and the Licensee have
• http://transition.fcc.gov/eb/Orders/2012/DA-12-568A1.html
  • 20, 2012 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) and Capstar TX, LLC (Licensee). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended (Act), and Sections 73.503(d) and 73.3540 of the Commission's rules (Rules), in connection with the broadcast of underwriting announcements concerning financial support over FM Translator Station W300BQ, Vero Beach, Florida, and the transfer of control of the same Station. 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is
• http://transition.fcc.gov/eb/Orders/2012/DA-12-772A1.html
  • May 17, 2012 Released: May 17, 2012 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a monetary forfeiture of twelve thousand five hundred dollars ($12,500) against Cesar Chavez Foundation (Licensee), licensee of noncommercial educational Station KUFW(FM), Woodlake, California (Station), for violating Section 399B of the Communications Act of 1934, as amended (Act), and Section 73.503(d) of the Commission's rules by broadcasting prohibited advertisements over the Station. II. BACKGROUND 2. On August 30, 2006, the Enforcement Bureau's San Francisco Field Office (Field) conducted an inspection of the Station and recorded a segment of its programming that appeared to include commercial advertisements. On January 24, 2007, the Field issued a letter of inquiry to the Licensee inquiring
• http://transition.fcc.gov/eb/Orders/da001011.doc http://transition.fcc.gov/eb/Orders/da001011.html http://transition.fcc.gov/eb/Orders/da001011.txt
  • May 5, 2000 Released: May 9, 2000 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Southern Rhode Island Public Radio Broadcasting, Inc. (``Southern Rhode Island''), licensee of noncommercial educational station WBLQ(FM), has apparently violated Section 399B of the Communications Act of 1934, as amended (``the Act''), and Section 73.503 of the Commission's rules, by broadcasting impermissible donor and underwriting announcements. We conclude that Southern Rhode Island is apparently liable for a forfeiture in the amount of one thousand dollars ($1,000). II. Background 2. In this case, we received information suggesting that various announcements broadcast by Station WBLQ(FM) appear to promote the products, services or businesses of for-profit enterprises. In
• http://transition.fcc.gov/eb/Public_Notices/da001311.doc http://transition.fcc.gov/eb/Public_Notices/da001311.html
  • University of Rhode Island, WRIU, Kingston, RI. NOV also issued for 47 C.F.R. �� 11.21 (State and Local Area Plans and FCC Mapbook), 11.61 (Tests of EAS Procedures), and 73.1820 (Station Log). New England District Office (5/22/00). WVRM, Inc. (FM), Hazlet, NJ. NOV also issued for violation of 47 C.F.R. � 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.503 (Licensing Requirements and Service) and 73.1201 (Station Identification). New York, NY Office (5/23/00). WMJC(FM), Smithtown, NY. NOV 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
• http://transition.fcc.gov/eb/bc-chklsts/EB18LPFM06_2008.pdf
  • is permissible. [See 73.1201] 7. IDENTIFICATION: Is the station identification made in accordance with 73.1201? NOTE: The call signs for LPFM stations will include the suffix "-LP". Required station identification must include the full call sign and suffix. E. NON-COMMERCIAL STATUS: LPFM is a noncommercial educational service. An LPFM station may be licensed only to nonprofit or noncommercial entities. [See 73.503 and 73.853] 8. COMMERCIAL FREE OPERATION: Is the station maintaining its non-commercial status? [See 73.503 and 73.853] F. RETRANSMISSION: An LPFM licensee may not retransmit, either terrestrially or via satellite, the signal of a full-power radio broadcast station. [See 73.879] 9. AUDIO SOURCE: Is 100% of the programming on this station from sources other than a full-power radio broadcast station?
• http://transition.fcc.gov/eb/broadcast/enhund.html
  • | [4]RSS | [5]Updates | [6]E-Filing | [7]Initiatives | [8]Consumers | [9]Find People ENHANCED UNDERWRITING FOR NON-COMMERCIAL BROADCAST STATIONS [10]Skip Breadcrumb Site Navigation Links [11]FCC > [12]EB > [13]Broadcast > Enhanced Non-Commercial Underwriting [14]site map Search the FCC: _______________ Submit [15]Help | [16]Advanced | [17]Share Section 399B of the Communications Act of 1934, as amended (47 U.S.C. 399b) and Sections 73.503 and 73.621 of the Commission's rules, (47 C.F.R. 73.503 and 73.621) govern enhanced underwriting issues related to non-commercial broadcast stations. For information regarding these provisions, click [18]here. The Enforcement Bureau's [19]Investigations & Hearings Division is responsible for investigating complaints regarding violations of the non-commercial broadcast station enhanced underwriting rules. Enforcement Actions 05-17-2012 [20]Cesar Chavez Foundation (FORFEITURE ORDER) 04-20-2012 [21]CAPSTAR TX
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [228]PDF 73.316 FM antenna systems. [229]TEXT [230]PDF 73.317 FM transmission system requirements. [231]TEXT [232]PDF 73.318 FM blanketing interference. [233]TEXT [234]PDF 73.319 FM multiplex subcarrier technical standards. [235]TEXT [236]PDF 73.322 FM stereophonic sound transmission standards. [237]TEXT [238]PDF 73.333 Engineering charts. [ [239]Propagation Curves ] Subpart C -- Noncommercial Educational FM Broadcast Stations [240]TEXT [241]PDF 73.501 Channels available for assignment. [242]TEXT [243]PDF 73.503 Licensing requirements and service. [244]TEXT [245]PDF 73.504 Channel assignments in the Mexican border area. [246]TEXT [247]PDF 73.505 Zones. [ [248]FM Classes ] [249]TEXT [250]PDF 73.506 Classes of noncommercial educational FM stations and channels. [251]TEXT [252]PDF 73.507 Minimum distance separations between stations. [253]TEXT [254]PDF 73.508 Standards of good engineering practice. [255]TEXT [256]PDF 73.509 Prohibited overlap. [257]TEXT [258]PDF 73.510 Antenna systems. [259]TEXT
• http://transition.fcc.gov/fcc-bin/audio/annual-reports-FRC.html
  • 30, 1998 [ [145]WP5.1 ]. Whether a disputed sales agreement was in accordance with established corporate procedures is a private dispute matter. January 26, 1998 Letter re WAQV (FM) Crystal River, FL & WHIJ (FM) Ocala, FL Letter, dated January 26, 1998 [ [146]WP5.1 ]. Assignment applications dismissed since assignee does not meet the educational organization criterion of [147]47 CFR 73.503(a). September 24, 1997 Letter re WDCU (FM), Washington D.C. Letter, dated January 30, 1998 [ [148]WP5.1 | [149]Text ]. C-SPAN is not an educational entity but has an educational goal and program; that jazz programming format would be lost is not a factor in considering the assignment application; educational licensee/seller can maximize its profit from the sale. August 6, 1997
• http://transition.fcc.gov/fcc-bin/audio/legalser.html
  • 30, 1998 [ [145]WP5.1 ]. Whether a disputed sales agreement was in accordance with established corporate procedures is a private dispute matter. January 26, 1998 Letter re WAQV (FM) Crystal River, FL & WHIJ (FM) Ocala, FL Letter, dated January 26, 1998 [ [146]WP5.1 ]. Assignment applications dismissed since assignee does not meet the educational organization criterion of [147]47 CFR 73.503(a). September 24, 1997 Letter re WDCU (FM), Washington D.C. Letter, dated January 30, 1998 [ [148]WP5.1 | [149]Text ]. C-SPAN is not an educational entity but has an educational goal and program; that jazz programming format would be lost is not a factor in considering the assignment application; educational licensee/seller can maximize its profit from the sale. August 6, 1997
• http://transition.fcc.gov/fcc-bin/audio/nature.html
  • and Donor Acknowledgements * [50]Program Related Materials * [51]Recent Orders * [52]Contact for More Information * [53]Comments and Suggestions About this Page __________________________________________________________________ Related information about broadcast stations is located at: [54]Audio Division -- [55]Video Division -- [56]Media Bureau [57]Federal Communications Commission __________________________________________________________________ Announcements Promoting Goods and Services Section 399B of the Communication's Act of 1934, as amended, and Sections 73.503(d) and 73.621(e) of our rules specifically proscribe the broadcast of announcements by public broadcast stations which promote the sale of goods and services of for-profit entities in return for consideration paid to the station. These rules, however, permit contributors of funds to the station to receive on-air acknowledgements. The Commission has articulated specific guidelines which emphasize the difference between permissible
• http://transition.fcc.gov/mb/audio/decdoc/legalser.html
  • 30, 1998 [ [145]WP5.1 ]. Whether a disputed sales agreement was in accordance with established corporate procedures is a private dispute matter. January 26, 1998 Letter re WAQV (FM) Crystal River, FL & WHIJ (FM) Ocala, FL Letter, dated January 26, 1998 [ [146]WP5.1 ]. Assignment applications dismissed since assignee does not meet the educational organization criterion of [147]47 CFR 73.503(a). September 24, 1997 Letter re WDCU (FM), Washington D.C. Letter, dated January 30, 1998 [ [148]WP5.1 | [149]Text ]. C-SPAN is not an educational entity but has an educational goal and program; that jazz programming format would be lost is not a factor in considering the assignment application; educational licensee/seller can maximize its profit from the sale. August 6, 1997
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • would be exempt from competitive bidding when they applied to use reserved broadcast channels, for which applicants must be noncommercial educational entities. Auctions would be used for nonreserved frequencies, however, where applicants may be either commercial or noncommercial educational entities. We stated that we would treat nonprofit applicants for commercial frequencies, including those who could qualify under 47 C.F.R. � 73.503 as non-profit educational organizations, no differently under the proposed filing and competitive bidding procedures than any other mutually exclusive applicant for commercial frequencies. 21. Discussion. Under current Commission regulations, certain television channels and FM frequencies are reserved solely for noncommercial educational use. Nonreserved broadcast channels are usually called "commercial." Currently, noncommercial educational applicants may apply for commercial channels under the
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • would be exempt from competitive bidding when they applied to use reserved broadcast channels, for which applicants must be noncommercial educational entities. Auctions would be used for nonreserved frequencies, however, where applicants may be either commercial or noncommercial educational entities. We stated that we would treat nonprofit applicants for commercial frequencies, including those who could qualify under 47 C.F.R. � 73.503 as non-profit educational organizations, no differently under the proposed filing and competitive bidding procedures than any other mutually exclusive applicant for commercial frequencies. 21. Discussion. Under current Commission regulations, certain television channels and FM frequencies are reserved solely for noncommercial educational use. Nonreserved broadcast channels are usually called "commercial." Currently, noncommercial educational applicants may apply for commercial channels under the
• http://wireless.fcc.gov/auctions/82/releases/d011300a.pdf
  • All partnerships should check the "Partnership" box and indicate in an exhibit whether they are a general or limited partnership. Item 9. Applicant Status: Place an [X] in the appropriate box or boxes preceding the type of entity. The definition of "noncommercial educational" entity applies to broadcast applicants only and is contained in 47 U.S.C. 397(6) and 47 C.F.R. � 73.503(a) (for radio) and 47 C.F.R. � 73.621(a) (for television). The definitions for "rural telephone company", "minority owned business", and "woman owned business" are contained in 47 C.F.R. � 1.2110. Applicant status information concerning rural telephone companies, minority-owned businesses and women-owned businesses is collected for statistical purposes only. Item 10. Bidding Credit Eligibility: If bidding in a wireless auction, place an
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001011.doc
  • May 5, 2000 Released: May 9, 2000 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Southern Rhode Island Public Radio Broadcasting, Inc. (``Southern Rhode Island''), licensee of noncommercial educational station WBLQ(FM), has apparently violated Section 399B of the Communications Act of 1934, as amended (``the Act''), and Section 73.503 of the Commission's rules, by broadcasting impermissible donor and underwriting announcements. We conclude that Southern Rhode Island is apparently liable for a forfeiture in the amount of one thousand dollars ($1,000). II. Background 2. In this case, we received information suggesting that various announcements broadcast by Station WBLQ(FM) appear to promote the products, services or businesses of for-profit enterprises. In
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001311.doc
  • University of Rhode Island, WRIU, Kingston, RI. NOV also issued for 47 C.F.R. �� 11.21 (State and Local Area Plans and FCC Mapbook), 11.61 (Tests of EAS Procedures), and 73.1820 (Station Log). New England District Office (5/22/00). WVRM, Inc. (FM), Hazlet, NJ. NOV also issued for violation of 47 C.F.R. � 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.503 (Licensing Requirements and Service) and 73.1201 (Station Identification). New York, NY Office (5/23/00). WMJC(FM), Smithtown, NY. NOV 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
• http://www.fcc.gov/Bureaus/Mass_Media/News_Releases/2000/nrmm0019.doc http://www.fcc.gov/Bureaus/Mass_Media/News_Releases/2000/nrmm0019.html http://www.fcc.gov/Bureaus/Mass_Media/News_Releases/2000/nrmm0019.txt
  • awarding additional points for local-origination programming would: (1) promote the purpose of the noncommercial educational service; (2) advance Congress' goal of preserving local origination programming; and (3) pass muster in court. The majority's argument against adoption is specious. I therefore dissent. See Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-43 (1984). See 47 C.F.R. � 73.503. See 47 C.F.R. � 73.513. See H.R. 2015, 105th Cong., 1st Sess., � 3301(a)(1); S. 947, 105th Cong., 1st Sess., � 3001(a)(1). See Russello v. United States, 464 U.S. 16, 23-24 (1983). Carnegie Commission on Educational Television, Public Television: A Program For Action 87 (1967). Cable Television Consumer Protection and Competition Act of 1992, 102 P.L. 385 (1992) Sec. 2(a)(10).
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • radial extends over large bodies of water or foreign territory, only that part of the radial extending from 3 kilometers to the outermost portion of land in the United States covered by the radial used must be used in the computation of antenna height above average terrain. * * * * * 15. The note at the end of Section 73.503 is amended to include an additional source of information, as follows: � 73.503 Licensing requirements and service. * * * * * * * * * * (d) * * * * * Note: Commission interpretation on this rule, including the acceptable form of acknowledgements, may be found in the Second Report and Order in Docket No. 21136 (Commission Policy
• 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
  • ``educational.'' An issue as to the interpretation of this ``educational'' requirement arose in the context of an application filed by a religious institution in 1977. In Moody Bible Institute of Chicago, in a two sentence opinion, the Commission granted an application for a new noncommercial educational FM (``NCEFM'') station, finding that religious institution qualified as an ``educational organization'' under Section 73.503 of the Commission's rules. In a Concurring Statement, Chairman Wiley wrote separately, indicating that ``the reason for the concurrence is simply to express [the] concern with the lack of a clear Commission standard for determining when an organization qualifies for a grant of license under'' the rule governing eligibility for NCEFM stations. The Chairman was ``particularly concerned that [the] present
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • Broadcast regulations applicable to LPFM stations. The following rules are applicable to LPFM stations: Section 73.201-Numerical definition of FM broadcast channels. Section 73.220-Restrictions on use of channels. Section 73.267-Determining operating power. Section 73.277-Permissible transmissions. Section 73.297-FM stereophonic sound broadcasting. Section 73.310-FM technical definitions. Section 73.312-Topographic data. Section 73.318-FM blanketing interference. Section 73.322-FM stereophonic sound transmission standards. Section 73.333-Engineering charts. Section 73.503-Licensing requirements and service. Section 73.508-Standards of good engineering practice. Section 73.593-Subsidiary communications services. Section 73.1015-Truthful written statements and responses to Commission inquiries and correspondence. Section 73.1030-Notifications concerning interference to radio astronomy, research and receiving installations. Section 73.1201-Station identification. Section 73.1206-Broadcast of telephone conversations. Section 73.1207-Rebroadcasts. Section 73.1208-Broadcast of taped, filmed, or recorded material. Section 73.1210-TV/FM dual-language broadcasting in Puerto Rico.
• 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
  • to operate. In this regard, LPFM NCE stations will be different from full-service NCE stations that operate in the non-reserved band. The latter can convert from NCE status to commercial status at will by filing a notification letter with the Commission, but LPFM stations will not be permitted to change their noncommercial status. 47 U.S.C. � 397(6). 47 U.S.C. � 73.503(a). The same eligibility requirements were in effect on the effective date of Section 397(6) of the Act. See also Appendix A to Notice of Inquiry, In the Matter of Eligibility for Noncommercial Educational FM and TV Broadcast Station Licenses, BC No. 78-164, FCC 77-382, 43 Fed. Reg. 30842 (1978), 30844 (processing guidelines for institutional and organizational applicants for noncommercial educational
• 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
  • speakers, that is not our intention. In response to commenters who are concerned about fairness to nonprofit corporations, who are not themselves eligible for accreditation because they are not institutions of learning, we clarify that such corporations may nevertheless qualify for the credit if they are providing programming to accredited schools in coordination with those schools. See 47 C.F.R. �� 73.503 (a) and 73.621(a). In this manner, applicants who will provide educational service to many schools, but who cannot achieve that goal without some signal contour overlap and resulting loss of the local diversity credit, will not be placed at a disadvantage in comparison to applicants serving a smaller number of schools. An applicant serving many schools would receive two points
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980501.html
  • California. Action by Acting Bureau Chief. Adopted: April 30, 1998. by MO&O. (DA No. 98-826). CSB Internet URL: [16]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980826.wp AGAPE BROADCASTING FOUNDATION, LICENSEE, STATION KNON-FM, DALLAS, TX. Issued a Notice of Apparent Liability for Forfeiture for $5,000 to Agape Broadcasting Foundation, Licensee, Station KNON-FM, Dallas, Texas, for violating Section 399B of the Communications Act of 1934, as amended and Section 73.503 of the Commission's rules, which prohibit noncommercial stations from broadcasting announcements that promote the sale of goods and services of for-profit entities in return for consideration paid to the station. Action by Bureau Chief. by NAL Letter. (DA No. 98-825). MMB Internet URL: [17]http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/da980825.txt MACON, MS. Effective June 15; amended Section 73.202(b) of the Commission's Rules, the Table of FM
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd981130.html
  • 1998. by R&O. (DA No. 98-2364). MMB Internet URL: [12]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da982364.wp ADDENDA: The following items, released November 25, 1998, did not appear in Digest No. 227: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- PENFOLD COMMUNICATIONS, INC. Ordered Penfold Communications, Inc., Licensee of Station KRTM(FM), Temecula, CA to forfeit $4,000 for repeated violations of Section 399B of the Communications Act of 1934, and Section 73.503 of the rules. Action by Chief, Mass Media Bureau. Adopted: November 24, 1998. by MO&O & Forfeiture. (DA No. 98-2407). MMB Internet URL: [13]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da982407.wp ADDENDA: The following items, released November 24, 1998, did not appear in Digest No. 226: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: November 24, 1998. REQUIREMENTS FOR THE RENEWAL OF LICENSES IN THE 220 MHZ SERVICE.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990701.html
  • Radio of St. Louis Licensee, L.L.C. Action by the Commission. Adopted: June 30, 1999. by MO&O. (FCC No. 99-155). MMB Internet URL: [11]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99155.wp RUSSELLVILLE EDUCATIONAL BROADCAST FOUNDATION, LICENSEE, NONCOMMERCIAL EDUCATIONAL STATION KMTC(FM). Issued Notice of Apparent Liability for $2,500 against Russellville Educational Broadcast Foundation, licensee, Noncommercial Educational Station KMTC(FM), for Forfeiture for violations of 47 U.S.C. Seciton 399B and Section 73.503 of the Commission's Rules prohibiting public broadcast stations from broadcasting advertisements. Action by Bureau Chief. Adopted: June 29, 1999. by NAL Letter. (DA No. 99-1280). MMB Internet URL: [12]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da991280.wp MERICHEM-SASOL USA LLC. Issued Notice of Apparent Liability for Forfeiture for $8,000 against Merichem-Sasol USA LLC, licensee of Private Land Mobile Radio Service station KD27990, Houston, TX for operating this station
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000509.html
  • Forfeiture. Action by Chief, Enforcement Bureau. Adopted: May 5, 2000. by NAL. (DA No. 00-1016). ENF Internet URL: [25]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001016.doc SOUTHERN RHODE ISLAND PUBLIC RADIO BROADCASTING, INC. Found Southern Rhode Island Public Radio Broadcasting, Inc., licensee of noncommercial educational station WBLQ(FM), apparently liable for $1,000 for violating Section 399B of the Communications Act of 1934, as amended ("the Act), and Section 73.503 of the Commission's rules, by broadcasting impermissible donor and underwriting announcements. By Notice of Apparent Liability for Forfeiture. Action by Chief, Enforcement Bureau. Adopted: May 5, 2000. by NAL. (DA No. 00-1011). ENF Internet URL: [26]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001011.doc MCLEODUSA PUBLISHING COMPANY V. US WEST COMMUNICATIONS, INC. Dismissed without prejudice McLeodUSA's Complaint. Action by Deputy Chief, Market Disputes Resolution Division, Enforcement Bureau. Adopted:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd031201.html
  • FOR CEI WAIVER. (DA No. 03-3823). (Dkt No 97-172). Comments Due: 12/16/2003. Reply Comments Due: 12/23/2003. WCB. Contact: Christi Shewman at (202) 418-1686, email: Christi.Shewman@fcc.gov [20]DA-03-3823A1.doc [21]DA-03-3823A1.pdf [22]DA-03-3823A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- JONES COLLEGE, LICENSEE OF NONCOMMERCIAL EDUCATIONAL STATION , WKTZ-FM, JACKSONVILLE, FL. Admonished Jones College for broadcasting advertisements in violation of Section 399B of the Act and Section 73.503 of our Rules. Action by: Deputy Chief, Investigations and Hearings Division, Enforcement Bureau. Adopted: 11/26/2003 by MO&O. (DA No. 03-3819). EB [23]DA-03-3819A1.doc [24]DA-03-3819A1.pdf [25]DA-03-3819A1.txt PAUL BUNYAN RURAL TELEPHONE COOPERATIVE. Granted the application of Paul Bunyan Rural Telephone Cooperative for certification to operate an open video system in the Service Area. Action by: Deputy Chief, Policy Division, Media Bureau. Adopted: 12/01/2003
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040823.html
  • to maintain a main studio. Action by: Chief, Enforcement Bureau. Adopted: 08/19/2004 by Forfeiture Order. (DA No. 04-2553). EB [24]DA-04-2553A1.doc [25]DA-04-2553A1.pdf [26]DA-04-2553A1.txt ENID PUBLIC RADIO ASSOCIATION, LICENSEE OF LOW POWER NONCOMMERCIAL STATION KUAL-LP, ENID OKLAHOMA. Admonished Enid Public Radio Association, Enid, Oklahoma, for broadcasting advertisements in violation of section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the FCC's rules. Action by: Chief, Investigations and Hearing Division, Enforcement Bureau. Adopted: 08/20/2004 by MO&O. (DA No. 04-2609). EB [27]DA-04-2609A1.doc [28]DA-04-2609A1.pdf [29]DA-04-2609A1.txt SWE-DISH SATELLITE COMMUNICATIONS, INC. Granted SWE-DISH Satellite Communications, Inc. a license to operate an elliptical 0.90X0.66 meter, transportable, transmit/receive, fixed-satellite-service earth station, subject to conditions. Action by: Chief, Satellite Division, International Bureau. Adopted: 08/20/2004 by O&A.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090116.html
  • investigation into equipment labeling violations by Silver Spring Networks. Action by: Chief, Spectrum Enforcement Division, Enforcement Bureau. Adopted: 01/13/2009 by ORDER. (DA No. 09-27). EB [80]DA-09-27A1.doc [81]DA-09-27A1.pdf [82]DA-09-27A1.txt AMERICAN INSTITUTE FOR JEWISH EDUCATION. Adopted the consent decree and terminated an investigation by the Bureau against AIJE for possible violations of Section 399B of the Communications Act of 1934, and Section 73.503(d) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 01/15/2009 by Order/Consent Decree. (DA No. 09-25). EB [83]DA-09-25A1.doc [84]DA-09-25A2.doc [85]DA-09-25A1.pdf [86]DA-09-25A2.pdf [87]DA-09-25A1.txt [88]DA-09-25A2.txt FM TABLE OF ALLOTMENTS, VARIOUS LOCATIONS. Amended FM Table of Allotments for the listed communities. Action by: Assistant Chief, Audio Division, Media Bureau. Adopted: 01/14/2009 by R&O. (DA No. 09-41). MB [89]DA-09-41A1.doc [90]DA-09-41A1.pdf [91]DA-09-41A1.txt FM TABLE
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090121.html
  • Liablility for a monetary forfeiture in the amount of $2,500. Action by: Chief, Enforcement Bureau. Adopted: 01/16/2009 by NAL. (DA No. 09-50). EB [127]DA-09-50A1.doc [128]DA-09-50A1.pdf [129]DA-09-50A1.txt MINISTERIO RADIAL CRISTO VIENE PRONTO, INC. Notified Ministerio Radial Cristo Viene Pronto, Inc., licensee of noncommercial educational Station WCRP(FM), of its apparent violation of Section 399B of the Communications Act of 1934, and Section 73.503 of the Commission's rules. Action by: Chief, Enforcement Bureau. Adopted: 01/16/2009 by NALF. (DA No. 09-48). EB [130]DA-09-48A1.doc [131]DA-09-48A1.pdf [132]DA-09-48A1.txt DIRECTV ENTERPRISES, LLC. Granted in part a petition for declaratory ruling filed by Spectrum 5, and find that DIRECTV's 17/24 GHz application is defective. Action by: Chief, International Bureau. Adopted: 01/16/2009 by Declaratory Ruling. (DA No. 09-87). IB [133]DA-09-87A1.doc [134]DA-09-87A1.pdf
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090210.html
  • amount of $75,000 for engaging in a prohibited communication and failure to notify the Commission, in apparent violation of Sections 1.2105(c)(1). Action by: Chief, Enforcement Bureau. Adopted: 02/10/2009 by Forfeiture Order. (DA No. 09-207). EB [39]DA-09-207A1.doc [40]DA-09-207A1.pdf [41]DA-09-207A1.txt LANCASTER EDUCATIONAL BROADCASTING FOUNDATION. Notified Lancaster Educational Broadcasting Foundation of its Apparent Liability for willfully and repeatedly violating section 399B and section 73.503 of the Commission's rules. Action by: Chief, Investigations and Hearings Division, Enforcement Bureau. Adopted: 02/10/2009 by NALF. (DA No. 09-216). EB [42]DA-09-216A1.doc [43]DA-09-216A1.pdf [44]DA-09-216A1.txt INDEPENDENCE PUBLIC MEDIA OF PHILADELPHIA, INC. Notified Independence Public Media of Philadelphia, Inc., of its Apparent Liability for willfully and repeatedly violating Section 399B of the Communications Act of 1934, and Section 73.503(d) of the Commission's
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090629.html
  • per-minute compensation rates for traditional TRS, STS, CTS, IP CTS, and IP Relay for the 2009-2010 Fund year. (Dkt No. 03-123 ). Action by: Acting Chief, Consumer & Governmental Affairs Bureau. Adopted: 06/26/2009 by ORDER. (DA No. 09-1451). CGB [71]DA-09-1451A1.doc [72]DA-09-1451A1.pdf [73]DA-09-1451A1.txt CAYUGA COUNTY COMMUNITY COLLEGE. Imposed a monetary forfeiture in the amount of $2,000 against Cayuga for violating Section 73.503(d) of the Commission's rules by broadcasting advertisements over the Station. Action by: Chief, Enforcement Bureau. Adopted: 06/26/2009 by Forfeiture Order. (DA No. 09-1437). EB [74]DA-09-1437A1.doc [75]DA-09-1437A1.pdf [76]DA-09-1437A1.txt OCEANIC TIME WARNER CABLE, COX COMMUNICATIONS, ET AL. Vacated Notices of Apparent Liability for Forfeiture and Forfeiture Orders relating to Time Warner Cable, Inc. and Cox Communications, Inc.'s implementation of switched digital video
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090722.html
  • Contact: Gary Seigel (202) 418-7400, TTY: (202) 418-0484 [75]DA-09-1564A1.doc [76]DA-09-1564A1.pdf [77]DA-09-1564A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- POWER RADIO CORPORATION, LICENSEE OF NONCOMMERCIAL EDUCATIONAL STATION KXPW-LP, GEORGETOWN, TEXAS. Imposed a monetary forfeiture of $6,000 against Power Radio, KXPW-LP, Georgetown, TX for broadcasting advertisements over the Station in violation of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the FCC's rules. Action by: Chief, Enforcement Bureau. Adopted: 07/21/2009 by Forfeiture Order. (DA No. 09-1569). EB [78]DA-09-1569A1.doc [79]DA-09-1569A1.pdf [80]DA-09-1569A1.txt JAMES CABLE, LLC. Granted the Request. Action by: Acting Chief, Media Bureau. Adopted: 07/21/2009 by MO&OR. (DA No. 09-1571). MB [81]DA-09-1571A1.doc [82]DA-09-1571A1.pdf [83]DA-09-1571A1.txt ALLEGIANCE COMMUNICATIONS, LLC. Granted the Request for Waiver. Action by: Acting Chief, Media Bureau. Adopted: 07/21/2009
• http://www.fcc.gov/Forms/Form175/175.pdf
  • All partnerships should check the "Partnership" box and indicate in an exhibit whether they are a general or limited partnership. Item 9. Applicant Status: Place an [X] in the appropriate box or boxes preceding the type of entity. The definition of "noncommercial educational" entity applies to broadcast applicants only and is contained in 47 U.S.C. 397(6) and 47 C.F.R. � 73.503(a) (for radio) and 47 C.F.R. � 73.621(a) (for television). The definitions for "rural telephone company", "minority owned business", and "woman owned business" are contained in 47 C.F.R. � 1.2110. Applicant status information concerning rural telephone companies, minority-owned businesses and women-owned businesses is collected for statistical purposes only. Item 10. Bidding Credit Eligibility: If bidding in a wireless auction, place an
• http://www.fcc.gov/Forms/Form303-S/303s.pdf
  • the programming of a primary noncommercial educational station, but are not co-owned by the licensee of such a station, are required to file fees. Renewal applications that earlier obtained either a fee refund because of an NTIA facilities grant for the stations or a fee waiver because of demonstrated compliance with the eligibility and service requirements of 47 C.F.R. � 73.503 or � 73.621, and that continue to operate those stations on a noncommercial basis, are similarly exempted from this fee. See 47 C.F.R. � 1.112. To avail itself of any fee exemption, the renewal applicant must indicate its eligibility by checking the appropriate box in Item 3, Section I. When filing a fee-exempt application, an applicant must complete Item 3
• http://www.fcc.gov/Forms/Form314/314.pdf
  • Item 2(c): Applicants not previously approved or planning to advance a program dissimilar from the one previously approved must establish their qualifications. The applicant must provide an exhibit showing that it has an educational objective and that the station will be used for the advancement of an education program that will further that objective in accordance with 47 C.F.R. Sections 73.503. In considering these requirements, emphasis is placed on proposed station programs which are clearly educational in nature, i.e., actually involve teaching or instruction, whether for formal credit or not. However, it is not necessary that the proposed station's programming be exclusively educational in nature. Also, all programming on the station must be noncommercial in nature, with no advertisements, and no
• http://www.fcc.gov/Forms/Form318/318.pdf
  • below. Or, in the case of a Public Safety Radio facility, the applicant must describe how the proposed station will protect the safety of life, health, or property. The exhibit also should include the State and date of the applicant's incorporation. Subsections 2(a) and 2(b)-Noncommercial Educational ("NCE") Applicants. An applicant may be eligible for an LPFM station authorization under Section 73.503 of the Commission's rules, which provides that "a noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program." The three basic NCE eligibility requirements are: (1) nonprofit organization; (2) an educational goal or purpose; and (3) use of station programming
• http://www.fcc.gov/Forms/Form340/340.pdf
  • 4(b). Question 4(b): Applicants not previously approved or planning to advance a program dissimilar from one previously approved must establish their qualifications. The applicant must provide an exhibit showing that it has an educational objective and that the station will be used for the advancement of an educational program that will further that objective in accordance with 47 C.F.R. Sections 73.503 (radio) or 73.621 (TV). In considering these requirements, emphasis is placed on proposed station programs which are clearly educational in nature, i.e., actually involve teaching or instruction, whether for formal credit or not. However, it is not necessary that the proposed station's programming be exclusively educational in nature. Also, all programming on the station must be noncommercial in nature, with
• http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr018.doc http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr018.html http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr018.txt
  • and (2)(C). As explained above, however, section 309(j)(1) is not an absolute mandate to auction all commercial spectrum and the hortatory ``seek to promote'' language of section (j)(C)(3) must give way to the mandatory language of the statutory exemption for NCEs. See Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-43 (1984). See 47 C.F.R. � 73.503. See 47 C.F.R. � 73.513. See H.R. 2015, 105th Cong., 1st Sess., � 3301(a)(1); S. 947, 105th Cong., 1st Sess., � 3001(a)(1). See Russello v. United States, 464 U.S. 16, 23-24 (1983). 0 � �
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-239921A1.html
  • Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Prayer Tower Ministry, licensee of radio station WLWZ-LP. 2. On April 30, 2003 and May 1, 2003, an agent of the Commission's Detroit Office monitored radio station WLWZ-LP located at Cassopolis, Michigan, and observed the following violation(s): 2.a. 47 C.F.R. 73.503(d): ``Each station shall furnish a nonprofit and noncommercial broadcast service. Noncommercial educational FM broadcast stations are subject to the provisions of 73.1212 to the extent they are applicable to the broadcast of programs produced by, or at the expense of, or furnished by others. No promotional announcement on behalf of for profit entities shall be broadcast at any time in
• http://www.fcc.gov/eb/Orders/2001/da011419.doc http://www.fcc.gov/eb/Orders/2001/da011419.html
  • 13, 2001 Released: June 14, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this Order, we admonish R. J.' s Late Night Entertainment Corporation (``Late Night''), licensee of noncommercial educational station WHPR-FM, Highland Park, Michigan, 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. Late Night responded to our January 19, 2001, inquiry by submission dated February 8, 2001. We have carefully reviewed the record, including Late Night's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we
• http://www.fcc.gov/eb/Orders/2001/da012178.doc http://www.fcc.gov/eb/Orders/2001/da012178.html
  • OPINION AND ORDER Adopted: September 17, 2001 Released: September 18, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Tri-State Inspirational Broadcasting Corporation (``Tri-State''), licensee of noncommercial educational station WFIX(FM), Florence, Alabama, 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. Tri-State responded to our May 16, 2001, and June 13, 2001, inquiries by submission dated June 25, 2001. We have carefully reviewed the record, including Tri-State's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this
• http://www.fcc.gov/eb/Orders/2001/da012831.html http://www.fcc.gov/eb/Orders/2001/da012831.pdf
  • OPINION AND ORDER Adopted: December 5, 2001 Released: December 6, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this 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
• http://www.fcc.gov/eb/Orders/2001/da01309.doc http://www.fcc.gov/eb/Orders/2001/da01309.html
  • the Chief, Enforcement Bureau: In this Order, we deny the petition for reconsideration filed July 3, 2000, by Midway Broadcasting Company (``Midway''). Midway seeks reconsideration of the June 2, 2000, action of the Chief, Investigations and Hearings Division, admonishing Black Media Works, Inc. (``Black Media'') for violating Section 399B of the Communications Act (``Act''), 47 U.S.C. � 399B, and Section 73.503(d) of the Commission's rules, 47 C.F.R. � 73.503(d), by broadcasting prohibited advertisements over noncommercial educational station WJFP(FM), Fort Pierce, Florida. Midway, the original complainant in this matter, argues that admonishment is an inadequate sanction to redress the statutory and rule violations involved. We reject Midway's arguments. The challenged June 2, 2000, decision letter admonished Black Media to comply with the
• http://www.fcc.gov/eb/Orders/2002/DA-02-1580A1.html
  • 8, 2002 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Daystar Public Radio, Inc. (``Daystar''), licensee of noncommercial educational station WKSG(FM), Cedar Creek, Florida, for broadcasting advertisements and conducting impermissible fundraising 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. Daystar responded to our April 30, 2002, inquiry by its submission filed May 17, 2002. We have carefully reviewed the record, including Daystar's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we find
• http://www.fcc.gov/eb/Orders/2002/DA-02-2094A1.html
  • 27, 2002 Released: August 28, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Family Life Educational Foundation (``Family Life''), licensee of noncommercial educational radio station KOUZ(FM), Alexandria, Louisiana, apparently violated 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, by willfully and repeatedly broadcasting advertisements. Based on our review of the facts and circumstances of this case, we conclude that Family Life is apparently liable for a monetary forfeiture in the amount of Two Thousand Dollars ($2,000.00). II. Background 2. This case arises from a complaint alleging that noncommercial station KOUZ(FM) broadcast
• http://www.fcc.gov/eb/Orders/2002/DA-02-2477A1.html
  • October 1, 2002 Released: October 2, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Calvary Bible College (``Calvary''), licensee of noncommercial educational station KLJC(FM), Kansas City, Missouri, for broadcasting advertisements and conducting impermissible fundraising 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. Based on our review of the facts and circumstances of this case, we conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we find that an admonishment is necessary to redress the statutory and rule violations.
• http://www.fcc.gov/eb/Orders/2002/DA-02-3083A1.html
  • 2001) (``Admonishment Order'') by deleting Paragraph 9 of the ruling. II. BACKGROUND 2. The joint petitioners, who did not participate in the underlying proceeding, now seek 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
• http://www.fcc.gov/eb/Orders/2003/DA-03-3819A1.html
  • OPINION AND ORDER Adopted: November 26, 2003 Released: December 1, 2003 By the Deputy Chief, Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. In this Order, we admonish Jones College (``Jones''), licensee of noncommercial educational station WKTZ-FM, Jacksonville, Florida, for broadcasting advertisements in violation of Section 399B of the Communications Act of 1934, as amended (``the Act''),1 and Section 73.503 of the Commission's rules.2 Based on our review of the facts and circumstances of this case, we conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. Although we believe that no monetary sanction is warranted at this time based on the licensee's prior unblemished record and other factors, we find that an admonishment is necessary
• http://www.fcc.gov/eb/Orders/2003/DA-03-3864A1.html
  • Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. By this Order, we admonish Great Lakes Community Broadcasting, Inc. (``Great Lakes''), licensee of noncommercial educational Station WAAQ(FM), Onsted, Michigan, and translator Station W214BH, Mount Pleasant, Michigan, for broadcasting impermissible donor and underwriting advertisements in violation of section 399B of the Communications Act of 1934, as amended (``the Act''),1 and section 73.503 of the Commission's rules,2 and for airing originations concerning financial support on its translator station in excess of the limitations set forth in section 74.1231(g) of the Commission's rules.3 Based upon our review of the facts and circumstances of this case, we conclude that Great Lakes has violated these statutory and Commission underwriting and translator rule provisions. Although we believe
• http://www.fcc.gov/eb/Orders/2003/FCC-03-19A1.html
  • 12, 2002, by KERM, Inc. (``KERM'').1 KERM seeks review of the May 15, 2002, letter ruling of the Chief, Investigations and Hearings Division, Enforcement Bureau, which found that Family Vision Ministries, Inc. (``Family Vision'') licensee of noncommercial station KAYH(FM), Fayetteville, Arkansas, broadcast a single advertisement in violation of Section 399B of the Communications Act (``Act''), 47 U.S.C. 399B, and Section 73.503(d) of the Commission's rules, 47 C.F.R. 73.503(d), but refrained from imposing any sanction. KERM, which provided transcript and recorded evidence and argument challenging numerous KAYH(FM) underwriting announcements, now argues that the staff's ruling ignored additional instances of the licensee's underwriting rule violations, and that the ruling thus failed to impose the appropriate sanction in redress. Family Vision filed a pleading
• http://www.fcc.gov/eb/Orders/2004/DA-04-1000A1.html
  • April 12, 2004 By the Deputy Chief, Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. In this Order, we admonish American Family Association (``AFA''), licensee of noncommercial educational Stations WAEF(FM), Cordele, Georgia, and WBJY(FM), Americus, Georgia, 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. We have carefully reviewed the record, including the complaint and AFA's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we find that an admonishment is necessary to redress the statutory and rule violations.
• http://www.fcc.gov/eb/Orders/2004/DA-04-2609A1.html
  • Released: August 23, 2004 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we admonish Enid Public Radio Association (``Enid''), licensee of low power noncommercial educational FM Station KUAL-LP, Enid, Oklahoma, for broadcasting advertisements in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.503(d)2 of the Commission's rules. We have carefully reviewed the record, including Enid's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, based on the entire circumstances of this case, we find that an admonishment is necessary to redress the statutory and
• http://www.fcc.gov/eb/Orders/2004/DA-04-3555A1.html
  • November 9, 2004 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we admonish Technology Information Foundation, Ltd. (``Technology''), licensee of low power noncommercial educational FM Station WLFK-LP, Eau Claire, Wisconsin, for broadcasting advertisements in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.503(d) of the Commission's rules.2 We have carefully reviewed the record, including Technology's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions, in addition to having failed to submit required information in response to a Commission inquiry. While we believe that no monetary sanction is warranted at this time, based upon the entire circumstances
• http://www.fcc.gov/eb/Orders/2004/DA-04-3838A1.html
  • 7, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Christian Voice of Central Ohio, Inc. (``Christian Voice''), licensee of formerly noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, has apparently violated 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, by apparently willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Christian Voice is apparently liable for a monetary forfeiture in the amount of $20,000. II. BACKGROUND 2. This case arises from a complaint filed with the Commission in September 2003,
• http://www.fcc.gov/eb/Orders/2005/DA-05-1949A1.html
  • Enforcement Bureau: 1. In this Forfeiture Order ("Order") we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Hispanic Broadcast System, Inc. (``HBS''), licensee of noncommercial educational broadcast station WQQZ(FM), Clermont, Florida, for the willful and repeated broadcast of advertisements in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''),1 section 73.503(d) of the Commission's rules (``underwriting rules'').2 2. In our Notice of Apparent Liability for Forfeiture (``NAL''), we proposed a monetary forfeiture in the amount of $10,000 to HBS for its apparent violation of the underwriting rules through its broadcast of two underwriting announcements that impermissibly promoted for-profit entities a total of 288 times from May 31 through June 27, 2004.3
• http://www.fcc.gov/eb/Orders/2005/DA-05-349A1.html
  • LIABILITY FOR FORFEITURE Adopted: 02/08/2005 Released: 02/09/2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Hispanic Broadcast System, Inc. (``HBS''), licensee of noncommercial educational Station WQQZ(FM), Clermont, Florida, has apparently violated 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, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that HBS is apparently liable for a monetary forfeiture in the amount of $10,000. II. BACKGROUND 2. This case arises from a complaint made to the Commission in July 2004, alleging that
• http://www.fcc.gov/eb/Orders/2005/DA-05-444A1.html
  • 25, 2005 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the ``Bureau'') into the possible violation by Brevard Youth Education Broadcasting Corporation (``Brevard''), licensee of noncommercial educational FM Station WCEE-LP, Melbourne, Florida, of section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.503(d) of the Commission's rules,2 in connection with the broadcast of underwriting acknowledgments over the station by Brevard. 2. The Bureau and Brevard have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://www.fcc.gov/eb/Orders/2005/DA-05-444A2.html
  • FM Station WCEE-LP (Facility ID No. 13563), licensed to Melbourne, Florida; f) ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.; g) ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; h) ``Underwriting Laws'' means section 399B of the Communications Act of 1934, 47 U.S.C. 399B, and section 73.503(d) of the Commission's rules, 47 C.F.R. 73.503(d); i) ``Complaints'' mean third-party complaints received by, or in the possession of, the Bureau alleging violation of the Underwriting Laws by Brevard, dated September 10 and December 12, 2003; j) ``Investigation'' means the investigation of the allegations contained in the Complaints, including the letters of inquiry from the Bureau to Brevard, dated November
• http://www.fcc.gov/eb/Orders/2005/DA-05-537A1.html
  • Station WCNJ(FM), ) Facility ID No. 70644 Hazlet, New Jersey ORDER Adopted: March 7, 2005 Released: March 8, 2005 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (the ``Bureau'') has been investigating whether WVRM, Inc. (``WVRM''), licensee of noncommercial educational Station WCNJ(FM), Hazlet, New Jersey, has violated section 399B of the Communications Act of 1934, as amended,1 and section 73.503(d) of the Commission's rules,2 in connection with the broadcast by WVRM of underwriting acknowledgments over the station. 2. The Bureau and WVRM have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://www.fcc.gov/eb/Orders/2005/DA-05-537A2.html
  • Station WCNJ(FM) (Facility ID No. 70644), licensed to Hazlet, New Jersey; g) ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.; h) ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; i) ``Underwriting Laws'' means section 399B of the Communications Act of 1934, 47 U.S.C. 399B, and section 73.503(d) of the Commission's rules, 47 C.F.R. 73.503(d); j) ``Complaints'' mean third-party complaints received by, or in the possession of, the Bureau alleging violation of the Underwriting Laws by WVRM, dated August 14, 2002, and March 15, 2004; k) ``Investigation'' means the investigation of the allegations contained in the Complaints, including the letters of inquiry from the Bureau to WVRM, dated
• http://www.fcc.gov/eb/Orders/2005/DA-05-725A1.html
  • FOR FORFEITURE Adopted: March 17, 2005 Released: March 17, 2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Caguas Educational TV, Inc. (``Caguas''), licensee of noncommercial educational Station WLAZ(FM), Kissimmee, Florida, has apparently violated section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.503 of the Commission's rules,2 by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Caguas is apparently liable for a monetary forfeiture in the amount of $10,000. II. BACKGROUND 2. This case arises from a complaint made to the Commission in July 2004 (``Complaint''), alleging that noncommercial educational
• http://www.fcc.gov/eb/Orders/2007/DA-07-713A1.html
  • we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and CSSI Non-Profit Educational Broadcasting Corporation ("CSSI"), licensee of Noncommercial Educational Stations KSQX(FM), Springtown, Texas, KMQX(FM), Weatherford, Texas, and KYQX(FM), Weatherford, Texas. The Consent Decree terminates an investigation by the Bureau into whether CSSI violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by CSSI of underwriting acknowledgments over the stations. 1. The Bureau and CSSI have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://www.fcc.gov/eb/Orders/2007/DA-07-713A2.html
  • operation of the Stations during the period February through April 2005; l. "Parties" means the Bureau and CSSI; m. "Licenses" means all authorizations, permits and licenses issued by the Commission in connection with the operation of the Stations; n. "Licensee" means the holder of the Licenses; o. "Alleged Violations" means alleged violations of Section 399(b) of the Act and Section 73.503(d) of the Rules by CSSI, as described in this Consent Decree; and p. "Underwriting Laws" means Section 399B of the Communications Act of 1934, 47 U.S.C. S 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. S 73.503(d). III. BACKGROUND 3. On or about September 6, 2005, the Bureau received a complaint alleging that the Stations had aired prohibited
• http://www.fcc.gov/eb/Orders/2007/DA-07-916A1.html
  • Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Navajo Missions, Inc. ("NMI"), licensee of Noncommercial Educational Station KNMI(FM), Farmington, New Mexico. The Consent Decree terminates an investigation by the Bureau into whether NMI violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by NMI of underwriting acknowledgments over the stations. 1. The Bureau and NMI have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://www.fcc.gov/eb/Orders/2007/DA-07-916A2.html
  • Station; h. "Licensee" means the holder of the License; i. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. Section 151 et seq.; j. "Rules" means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; k. "Underwriting Laws" means Section 399B of the Communications Act of 1934, 47 U.S.C. S 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. S 73.503(d). l. "Adopting Order" means an order of the Bureau adopting this Consent Decree; m. "Effective Date" means the date on which the Adopting Order is released; n. "Consultant" means a outside professional adviser who is expert in Underwriting Laws and issues and who is retained by the Licensee; o. "Investigation" means the
• http://www.fcc.gov/eb/Orders/2008/DA-08-1092A1.html
  • INTRODUCTION 1. By this Forfeiture Order, we impose a forfeiture of $9,000 on Christian Voice of Central Ohio, Inc. ("Christian Voice"), licensee of formerly noncommercial educational television Station WCVZ(FM), South Zanesville, Ohio, for its willful and repeated broadcast of advertisements over the station, in violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's rules. We take this action pursuant to 47 U.S.C. S: 503(b)(1)(D) and 47 C.F.R. S: 1.80(f)(4). II. BACKGROUND 2. This case arises from a complaint filed with the Commission in September 2003, alleging that then-noncommercial educational Station WCVZ(FM) broadcast prohibited underwriting announcements during the month of August 2003. In April 2004, after the complaint had been filed,
• http://www.fcc.gov/eb/Orders/2008/DA-08-1350A1.html
  • June 11, 2008 Released: June 11, 2008 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and WNYC Radio ("WNYC"). The Consent Decree terminates an investigation by the Bureau against WNYC for possible violations of section 399B of the Communications Act of 1934, as amended, and section 73.503(d) of the Commission's rules regarding the broadcast by WNYC of underwriting acknowledgments over Stations WNYC(AM) and WNYC-FM, New York, New York. 2. The Bureau and WNYC have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree
• http://www.fcc.gov/eb/Orders/2008/DA-08-446A1.html
  • Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Long Pond Baptist Church ("Long Pond"), licensee of Noncommercial Educational Station WTBH(FM), Chiefland, Florida. The Consent Decree terminates an investigation by the Bureau into whether Long Pond violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by Long Pond of underwriting acknowledgments over its Station. 1. The Bureau and Long Pond have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find
• http://www.fcc.gov/eb/Orders/2008/DA-08-527A1.html
  • In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Southern Rhode Island Public Radio Broadcasting, Inc. ("SRIPRB"), licensee of Noncommercial Educational Station WKIV(FM), Westerly, Rhode Island. The Consent Decree terminates an investigation by the Bureau into whether SRIPRB violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by SRIPRB of underwriting acknowledgments over the stations. 1. The Bureau and SRIPRB have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://www.fcc.gov/eb/Orders/2008/DA-08-527A2.html
  • Station; h. "Licensee" means the holder of the License; i. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. Section 151 et seq.; j. "Rules" means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; k. "Underwriting Laws" means Section 399B of the Communications Act of 1934, 47 U.S.C. S: 399b, and Section 73.503(d) of the Commission's Rules, 47 C.F.R. S: 73.503(d); l. "Adopting Order" means an order of the Bureau adopting this Consent Decree; m. "Effective Date" means the date on which the Adopting Order is released; n. "Investigation" means the investigation conducted by the Bureau regarding compliance by Southern with the Act and the Rules governing underwriting announcements by noncommercial educational broadcast
• http://www.fcc.gov/eb/Orders/2009/DA-09-25A1.html
  • Released: January 16, 2009 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and American Institute for Jewish Education ("AIJE"). The Consent Decree terminates an investigation by the Bureau against AIJE for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by AIJE of underwriting acknowledgments over Station WMDI-LP, Lakewood, New Jersey (the "Station"). 2. The Bureau and AIJE have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and
• http://www.fcc.gov/eb/Orders/2009/DA-09-25A2.html
  • 200932080018 Station WMDI-LP, Lakewood, New Jersey ) FRN 0008568065 ) ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and American Institute for Jewish Education ("AIJE"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into whether AIJE violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by AIJE of underwriting acknowledgments over its noncommercial educational Station WMDI-LP, Lakewood, New Jersey. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an Order
• http://www.fcc.gov/eb/Orders/2009/DA-09-47A1.html
  • 16, 2009 Released: January 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Jones College, licensee of noncommercial educational Station WKTZ-FM, Jacksonville, Florida, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Jones College is apparently liable for a monetary forfeiture in the amount of $5,000. II. BACKGROUND 2. This case arises from a complaint made to the Commission's Tampa Office on June 24, 2005, alleging that noncommercial educational Station WKTZ-FM had broadcast
• http://www.fcc.gov/eb/Orders/2009/DA-09-48A1.html
  • January 16, 2009 Released: January 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ministerio Radial Cristo Viene Pronto, Inc., ("Ministerio"), licensee of noncommercial educational Station WCRP(FM), Guayama, Puerto Rico, has apparently violated Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503 of the Commission's rules, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Ministerio is apparently liable for a monetary forfeiture in the amount of $2,500. II. BACKGROUND 2. This case arises from a complaint made to the Commission alleging that noncommercial educational Station WCRP(FM) broadcast prohibited
• http://www.fcc.gov/eb/Orders/2009/DA-09-49A1.html
  • and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Independence Public Media of Philadelphia, Inc. ("Independence"), licensee of noncommercial educational television Station WYBE(TV), Philadelphia, Pennsylvania, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Independence is apparently liable for a monetary forfeiture in the amount of two thousand five hundred dollars ($2,500). II. BACKGROUND 2. This case arises from a complaint made to the Commission on October 18, 2006, alleging that noncommercial educational television Station
• http://www.fcc.gov/eb/Orders/2009/DA-09-50A1.html
  • 16, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cayuga County Community College ("Cayuga"), licensee of noncommercial educational Station WDWN(FM), Auburn, New York, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Cayuga is apparently liable for a monetary forfeiture in the amount of $2,500. II. BACKGROUND 2. This case arises from a complaint made to the Commission on August 26, 2005, alleging that noncommercial educational Station WDWN(FM) had aired prohibited commercial announcements
• http://www.fcc.gov/eb/Orders/2009/DA-09-51A1.html
  • Released: March 18, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Power Radio Corporation ("PRC"), licensee of noncommercial educational Station KXPW-LP, Georgetown, Texas, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Sections 73.503 and 73.801 of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that PRC is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000). II. BACKGROUND 2. This case arises from a complaint made to the Commission in November 2003, alleging that noncommercial educational Station KXPW-LP broadcast
• http://www.fcc.gov/eb/Orders/2009/DA-09-790A1.html
  • Halifax for violations of Section 73.845 of the Commission's Rules ("Rules") and Section 301 of the Communications Act of 1934, as amended ("Act"), regarding Halifax's operation of its station in a manner inconsistent with its station authorization and its operation of an unlicensed radio transmitter. The Consent Decree also terminates an investigation by the Bureau of possible violations of Section 73.503(b) of the Rules and Section 399(b) of the Act, regarding Halifax's broadcast of announcements in violation of the Commission's underwriting rules. 2. The Bureau and Halifax have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree
• http://www.fcc.gov/eb/Orders/2010/DA-10-1077A1.html
  • Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that National Farm Workers Service Center, Inc. (the "Licensee"), licensee of noncommercial educational Station KUFW(FM), Woodlake, California (the "Station"), willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the "Act"), and Section 73.503(d) of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of $12,500. II. BACKGROUND 2. On August 30, 2006, the Enforcement Bureau's (the "Bureau's") San Francisco Field Office conducted an inspection of the Station and recorded a segment of
• http://www.fcc.gov/eb/Orders/2010/DA-10-2313A1.html
  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Tri-State Public Communications, Inc. (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 317, 399B, and 507 of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.1212 of the Commission's Rules regarding the broadcast of sponsorship identification and underwriting announcements over Station WHDD-FM, Sharon, Connecticut (the "Station"). 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the
• http://www.fcc.gov/eb/Orders/2010/DA-10-581A1.html
  • Released: April 27, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and WAY-FM Media Group, Inc. ("Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules regarding the broadcast by the Licensee of underwriting acknowledgments over Station KXWA(FM), Loveland, Colorado (the "Station"). 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree
• http://www.fcc.gov/eb/Orders/2010/DA-10-581A2.html
  • 201032080014 Station KXWA(FM), Loveland, Colorado ) FRN No. 0004995288 ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and WAY-FM Media Group, Inc. ("Licensee"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referred investigation into whether the Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by the Licensee of underwriting acknowledgments over its noncommercial educational Station KXWA(FM), Loveland, Colorado. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" or "Order" means
• http://www.fcc.gov/eb/Orders/2010/DA-10-685A1.html
  • Released: April 28, 2010 By Investigations and Hearings Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Hazard Community Broadcasting ("Licensee"). The Consent Decree terminates an investigation by the Bureau against Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's Rules, in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, WLZD-LP, Hazard, Kentucky (the "Station"). 2. The Bureau and Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the
• http://www.fcc.gov/eb/Orders/2010/DA-10-685A2.html
  • Hazard, Kentucky ) (Formerly WRZD-LP and WYZQ-LP) FRN No. 0007570310 ) ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and Hazard Community Broadcasting ("Licensee"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's above-referenced investigation into whether Licensee violated Section 399B of the Communications Act of 1934, as amended, and Section 73.503(d) of the Commission's rules, in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, WLZD-LP, Hazard, Kentucky. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an
• http://www.fcc.gov/eb/Orders/2011/DA-11-410A1.html
  • Investigations and Hearings Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and New Beginning World Outreach, Inc. (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of section 399B of the Communications Act of 1934, as amended, and section 73.503(d) of the Commission's Rules regarding the broadcast of underwriting announcements over noncommercial educational Station WNBV(FM), Grundy, Virginia. 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the
• http://www.fcc.gov/eb/Orders/2011/DA-11-862A1.html
  • 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and David Carus & Associates (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 399B and 310(d) of the Communications Act of 1934, as amended, and sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules, in connection with the transfer of control of FM Translator Station W264AS, Rockledge, Florida ("Station W264AS"), FM Translator Station W272BA, Cocoa Beach, Florida, and Aural Studio Transmitter Link WQEQ835 (collectively, the "Stations"); and the broadcast of underwriting announcements and originations concerning financial support over Station W264AS. 2. The Bureau and the Licensee have
• http://www.fcc.gov/eb/Orders/2012/DA-12-568A1.html
  • 20, 2012 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) and Capstar TX, LLC (Licensee). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended (Act), and Sections 73.503(d) and 73.3540 of the Commission's rules (Rules), in connection with the broadcast of underwriting announcements concerning financial support over FM Translator Station W300BQ, Vero Beach, Florida, and the transfer of control of the same Station. 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is
• http://www.fcc.gov/eb/Orders/2012/DA-12-772A1.html
  • May 17, 2012 Released: May 17, 2012 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a monetary forfeiture of twelve thousand five hundred dollars ($12,500) against Cesar Chavez Foundation (Licensee), licensee of noncommercial educational Station KUFW(FM), Woodlake, California (Station), for violating Section 399B of the Communications Act of 1934, as amended (Act), and Section 73.503(d) of the Commission's rules by broadcasting prohibited advertisements over the Station. II. BACKGROUND 2. On August 30, 2006, the Enforcement Bureau's San Francisco Field Office (Field) conducted an inspection of the Station and recorded a segment of its programming that appeared to include commercial advertisements. On January 24, 2007, the Field issued a letter of inquiry to the Licensee inquiring
• http://www.fcc.gov/eb/Orders/da001011.doc http://www.fcc.gov/eb/Orders/da001011.html http://www.fcc.gov/eb/Orders/da001011.txt
  • May 5, 2000 Released: May 9, 2000 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Southern Rhode Island Public Radio Broadcasting, Inc. (``Southern Rhode Island''), licensee of noncommercial educational station WBLQ(FM), has apparently violated Section 399B of the Communications Act of 1934, as amended (``the Act''), and Section 73.503 of the Commission's rules, by broadcasting impermissible donor and underwriting announcements. We conclude that Southern Rhode Island is apparently liable for a forfeiture in the amount of one thousand dollars ($1,000). II. Background 2. In this case, we received information suggesting that various announcements broadcast by Station WBLQ(FM) appear to promote the products, services or businesses of for-profit enterprises. In
• http://www.fcc.gov/eb/Public_Notices/da001311.doc http://www.fcc.gov/eb/Public_Notices/da001311.html
  • University of Rhode Island, WRIU, Kingston, RI. NOV also issued for 47 C.F.R. �� 11.21 (State and Local Area Plans and FCC Mapbook), 11.61 (Tests of EAS Procedures), and 73.1820 (Station Log). New England District Office (5/22/00). WVRM, Inc. (FM), Hazlet, NJ. NOV also issued for violation of 47 C.F.R. � 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.503 (Licensing Requirements and Service) and 73.1201 (Station Identification). New York, NY Office (5/23/00). WMJC(FM), Smithtown, NY. NOV 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
• http://www.fcc.gov/eb/broadcast/enhund.html
  • | [4]RSS | [5]Updates | [6]E-Filing | [7]Initiatives | [8]Consumers | [9]Find People ENHANCED UNDERWRITING FOR NON-COMMERCIAL BROADCAST STATIONS [10]Skip Breadcrumb Site Navigation Links [11]FCC > [12]EB > [13]Broadcast > Enhanced Non-Commercial Underwriting [14]site map Search the FCC: _______________ Submit [15]Help | [16]Advanced | [17]Share Section 399B of the Communications Act of 1934, as amended (47 U.S.C. 399b) and Sections 73.503 and 73.621 of the Commission's rules, (47 C.F.R. 73.503 and 73.621) govern enhanced underwriting issues related to non-commercial broadcast stations. For information regarding these provisions, click [18]here. The Enforcement Bureau's [19]Investigations & Hearings Division is responsible for investigating complaints regarding violations of the non-commercial broadcast station enhanced underwriting rules. Enforcement Actions 05-17-2012 [20]Cesar Chavez Foundation (FORFEITURE ORDER) 04-20-2012 [21]CAPSTAR TX
• http://www.fcc.gov/fcc-bin/audio/DA-00-1011A1.doc http://www.fcc.gov/fcc-bin/audio/DA-00-1011A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-00-1011A1.txt
  • May 5, 2000 Released: May 9, 2000 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Southern Rhode Island Public Radio Broadcasting, Inc. (``Southern Rhode Island''), licensee of noncommercial educational station WBLQ(FM), has apparently violated Section 399B of the Communications Act of 1934, as amended (``the Act''), and Section 73.503 of the Commission's rules, by broadcasting impermissible donor and underwriting announcements. We conclude that Southern Rhode Island is apparently liable for a forfeiture in the amount of one thousand dollars ($1,000). II. Background 2. In this case, we received information suggesting that various announcements broadcast by Station WBLQ(FM) appear to promote the products, services or businesses of for-profit enterprises. In
• 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
  • OPINION AND ORDER Adopted: December 5, 2001 Released: December 6, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this 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
• 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
  • Order'') by deleting Paragraph 9 of the ruling. II. BACKGROUND 2. The joint petitioners, who did not participate in the underlying proceeding, now seek 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
• http://www.fcc.gov/fcc-bin/audio/DA-03-3864A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-3864A1.pdf
  • Investigations and Hearings Division, Enforcement Bureau: I. Introduction 1. By this Order, we admonish Great Lakes Community Broadcasting, Inc. (``Great Lakes''), licensee of noncommercial educational Station WAAQ(FM), Onsted, Michigan, and translator Station W214BH, Mount Pleasant, Michigan, for broadcasting impermissible donor and underwriting advertisements in violation of section 399B of the Communications Act of 1934, as amended (``the Act''), and section 73.503 of the Commission's rules, and for airing originations concerning financial support on its translator station in excess of the limitations set forth in section 74.1231(g) of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Great Lakes has violated these statutory and Commission underwriting and translator rule provisions. Although we believe
• http://www.fcc.gov/fcc-bin/audio/DA-04-2609A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-2609A1.pdf
  • Released: August 23, 2004 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we admonish Enid Public Radio Association (``Enid''), licensee of low power noncommercial educational FM Station KUAL-LP, Enid, Oklahoma, for broadcasting advertisements in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''), and section 73.503(d) of the Commission's rules. We have carefully reviewed the record, including Enid's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, based on the entire circumstances of this case, we find that an admonishment is necessary to redress the statutory and
• http://www.fcc.gov/fcc-bin/audio/DA-04-3555A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-3555A1.pdf
  • November 9, 2004 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we admonish Technology Information Foundation, Ltd. (``Technology''), licensee of low power noncommercial educational FM Station WLFK-LP, Eau Claire, Wisconsin, for broadcasting advertisements in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''), and section 73.503(d) of the Commission's rules. We have carefully reviewed the record, including Technology's response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions, in addition to having failed to submit required information in response to a Commission inquiry. While we believe that no monetary sanction is warranted at this time, based upon the entire circumstances
• http://www.fcc.gov/fcc-bin/audio/DA-04-3838A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-3838A1.pdf
  • 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Christian Voice of Central Ohio, Inc. (``Christian Voice''), licensee of formerly noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, has apparently violated 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, by apparently willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Christian Voice is apparently liable for a monetary forfeiture in the amount of $20,000. II. BACKGROUND 2. This case arises from a complaint filed with the Commission in September
• http://www.fcc.gov/fcc-bin/audio/DA-05-2410A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2410A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � DA 05-2410 Released: September 2, 2005 Media Bureau Suspends Television and Radio Rules To Permit NCE Stations to Broadcast Commercial Programming in the Greater New Orleans Area By this public notice the Media Bureau immediately suspends Sections 73.621(e) and 73.503(d) of the Commission's rules to permit noncommercial educational (NCE) television and radio stations to broadcast programming, including commercial matter, received from commercial broadcast stations. This waiver is limited to stations serving viewers and listeners in and near to New Orleans, LA. This special relief is designed to bring immediate life saving and other important program information to the residents of
• http://www.fcc.gov/fcc-bin/audio/DA-05-2897A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2897A1.pdf
  • before us an Informal Objection and Request to Revoke Construction Permit (``Objection''), filed May 12, 2004, by Saga Communications of Arkansas, LLC (``Saga''). For the reasons stated below, we grant the Objection to the limited extent indicated, admonish American Heritage for broadcasting advertisements in violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules, and grant the license application. Background Low power FM stations, such as KFLO-LP, are governed by the rules pertaining to the noncommercial educational service, and may not broadcast advertisements. Advertisements are defined by the Act as program material broadcast ``in exchange for any remuneration'' and intended to ``promote any service, facility, or product'' of for-profit entities.
• http://www.fcc.gov/fcc-bin/audio/DA-06-2346A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2346A1.pdf
  • 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). On March 8, 2005, the Licensee entered into a Consent Decree with the FCC's Enforcement Bureau in the amount of $10,000 regarding an investigation of two third-party complaints alleging violations by the Licensee of the underwriting provisions of Section 73.503(d) of the Rules. 47 C.F.R. � 73.503(d). We caution the Licensee to be more diligent in the future in its operation of the Station. However, on the basis of all the evidence in the record, we do not find here that the Licensee's Station operation "was conducted in an exceedingly careless, inept and negligent manner and that the licensee is
• http://www.fcc.gov/fcc-bin/audio/DA-07-3865A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3865A1.pdf
  • 73.3584(b). Astroline Communications Co. v. F.C.C., 857 F.2d 1556, 1561 (D.C. Cir. 1988) (``Astroline''). See also Rocky Mountain Radio Co., LLP, Memorandum Opinion and Order, 15 FCC Rcd 7166, 7167 (1999). Petition at 2. While Howard does not specify the rules or statutes he believes have been violated, we presume that he is claiming that UW violated 47 C.F.R. �� 73.503(d) and 73.1212, insofar as he alleges that the talk shows were broadcast at the expense of certain parties, who were not identified, who paid UW for the ``focus group'' research gleaned from the programming. Petition at 1. Declaration of Wayne Roth (``Roth Declaration''), attached to Opposition, paras. 5, 10. See also Declaration of Steve Scher (``Scher Declaration''), attached to Opposition,
• http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.pdf
  • WL 290789 (MMB 1986) (ordering applicant to provide its articles of incorporation within 30 days of the hearing designation order). Id. at 3. HFC also notes that the Application was initially returned as unacceptable for filing for prohibited overlap. By the time the Application was reinstated, HFC had incorporated. Id. at 2. Id. at 5. Specifically, HFC notes that Section 73.503(a) provides that: ``A noncommercial education FM Broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program.'' 47 C.F.R. � 73. 503(a) (emphasis added). Id. at 6. See 47 C.F.R. �� 73.503(a) (NCE), 73.853(a)(1) (LPFM). See FCC Form 318, Question II(2). See, e.g., NCE
• http://www.fcc.gov/fcc-bin/audio/DA-08-1092A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1092A1.pdf
  • I. INTRODUCTION By this Forfeiture Order, we impose a forfeiture of $9,000 on Christian Voice of Central Ohio, Inc. (``Christian Voice''), licensee of formerly noncommercial educational television Station WCVZ(FM), South Zanesville, Ohio, for its willful and repeated broadcast of advertisements over the station, in violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules. We take this action pursuant to 47 U.S.C. � 503(b)(1)(D) and 47 C.F.R. � 1.80(f)(4). II. BACKGROUND 2. This case arises from a complaint filed with the Commission in September 2003, alleging that then-noncommercial educational Station WCVZ(FM) broadcast prohibited underwriting announcements during the month of August 2003. In April 2004, after the complaint had been filed,
• http://www.fcc.gov/fcc-bin/audio/DA-08-1536A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1536A1.pdf
  • there is no evidence that Logos was disingenuous when it described in its initial permit application how the Station would be used to advance educational purposes. It also has adequately explained its departure from its initial programming objectives. Moreover, we find that the programming offered by Logos fulfills its responsibilities as the holder of an NCE authorization. In applying Section 73.503 of the Rules, the Commission has required that NCE applicants be: (a) a government or public educational agency, board or institution; (b) a private, nonprofit educational organization; or (c) a nonprofit entity with a demonstrated educational purpose. We require that an applicant described in (a) or (b) above have an educational program and demonstrate how its programming will be used
• http://www.fcc.gov/fcc-bin/audio/DA-08-1837A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1837A1.pdf
  • Wooster, Ohio. On December 10, 2007, Hazen filed an engineering amendment and a Petition for Reconsideration of its dismissed Application. The staff granted reconsideration and reinstated the Application, as amended, on December 11, 2007. MUC opposes grant of the Application, arguing that Hazen has failed to describe its educational objective and how it will further that objective, pursuant to Section 73.503 of the Rules. To support this assertion, MUC alleges that Hazen has not provided any sample program descriptions or any sample educational guidance. In addition, MUC argues that Hazen does not ``presently have the proper authority under Ohio law to operate a radio broadcast station.'' Specifically, MUC contends that in Hazen's Articles of Incorporation, Hazen states that it was formed
• http://www.fcc.gov/fcc-bin/audio/DA-09-49A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-49A1.pdf
  • and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Independence Public Media of Philadelphia, Inc. (``Independence''), licensee of noncommercial educational television Station WYBE(TV), Philadelphia, Pennsylvania, willfully and repeatedly broadcast prohibited advertisements in apparent violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules. Based upon our review of the facts and circumstances of this case, we conclude that Independence is apparently liable for a monetary forfeiture in the amount of two thousand five hundred dollars ($2,500). II. BACKGROUND 2. This case arises from a complaint made to the Commission on October 18, 2006, alleging that noncommercial educational television Station
• http://www.fcc.gov/fcc-bin/audio/DA-10-1293A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1293A1.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 Chief, Audio Division, Media Bureau (``Bureau''), by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully violated Sections 73.503(d) and 73.811 of the Rules, as well as Section 399B of the Act, by willfully and repeatedly interrupting regular programming with unauthorized commercial announcements and operating at antenna height greater than that authorized. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of
• http://www.fcc.gov/fcc-bin/audio/DA-10-1717A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1717A1.pdf
  • the Commission determines that the petitioner has satisfied the threshold determination, it proceeds to determine whether, on the basis of the application, the pleadings filed, or other matters which [the Commission] may officially notice, the petitioner has presented a "substantial and material question of fact" to warrant further inquiry. Using this standard, we consider Cornerstone's allegations. Eligibility. Pursuant to Section 73.503(a) of the Rules ``a noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization upon showing that the station will be used for the advancement of an educational program.'' In its Application, Hammock states that it is an unincorporated association formed in the State of Florida. Cornerstone asserts that Hammock is not legally qualified to hold
• http://www.fcc.gov/fcc-bin/audio/DA-10-2065A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-2065A1.pdf
  • of the material before it to determine whether there is a substantial and material question of fact calling for further inquiry and requiring resolution in a hearing. If no such question is raised, the Commission will deny the petition and grant the application if it concludes that such grant otherwise serves the public interest, convenience, and necessity. Pursuant to Section 73.503(a) of the Rules, ``a noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization upon showing that the station will be used for the advancement of an educational program.'' An applicant for an NCE FM station must certify its eligibility to own and operate such station at the time it files its application. Allied states the
• http://www.fcc.gov/fcc-bin/audio/DA-11-1128A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1128A1.pdf
  • of the Application that the Agreements involved in the transaction, including the PSOA, ``comply fully with the Commission's rules and policies.'' In connection with the response to Question 5, please address specifically how the airing of CPRN programming over the Station furthers the Licensee's obligation to use the Station for the advancement of an educational program, as required by Section 73.503(a) of the Rules. In connection with the response to Question 5, please address specifically how the monthly compensation described in Section 7 of the PSOA complies with the limits on consideration to NCE licensees contained in Section 73.503(c) of the Rules. In connection with the response to Question 5, please address specifically how the PSOA does not violate the prohibition
• http://www.fcc.gov/fcc-bin/audio/DA-11-1352A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1352A1.pdf
  • applications, and Carus ultimately requested their dismissal. The staff dismissed the 2006 Assignment Applications on May 12, 2010. On June 3, 2011, Carus and the Enforcement Bureau entered into a consent decree (``Consent Decree'') terminating the Enforcement Bureau investigation against Carus for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended, (``Act'') and Sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules (``Rules''), including the unauthorized transfer of control of the Stations and the broadcast of underwriting messages in excess of the thirty-second per hour limitation set forth in the Rules. On January 10, 2011, Carus filed the Application to assign the Stations to NCN. Brevard and Community filed their Petitions on February 11, 2011,
• http://www.fcc.gov/fcc-bin/audio/DA-11-1684A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1684A1.pdf
  • public interest. The Commission's interest in creating a ``noncommercial'' service has been to remove the programming decisions of public broadcasters from the ``normal kinds of commercial market pressures under which broadcasters in the unreserved spectrum usually operate.'' In order to maintain the essential character of the noncommercial service, Section 399B of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.621(e) of the Commission's Rules specifically proscribe the broadcast of announcements by public broadcast stations which promote the sale of goods and services of for-profit entities in return for consideration paid to the station. We will deny the Waiver Request for several reasons. First, it is axiomatic that the Commission cannot waive the provisions of the Communications Act. Accordingly,
• http://www.fcc.gov/fcc-bin/audio/DA-11-600A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-600A1.pdf
  • inspection file and has submitted to the Commission copies of the documentation.'' CSC Opposition at 6. See Fox River Broadcasting, Inc., Order, 93 FCC 2d 127, 129 (1983). Id. CSC Opposition at 6 and Exhibit B. These topics include: (1) the nature and educational purpose of the applicant in order to demonstrate its eligibility as an NCE applicant under Section 73.503(a) of the Commission's Rules; (2) the type of programming that CSC proposes; and (3) CSC's relationship with the Morris Council. Specifically, the exhibit states that ``[t]he primary place of business for this applicant, listed on the first page of the application, disclosed under the parties to the application, and evidenced in the attachments hereto, is (and has been for at
• http://www.fcc.gov/fcc-bin/audio/DA-11-650A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-650A1.pdf
  • FRN: 0007446396 File No. BRL-20050131AAR FORFEITURE ORDER Adopted: April 7, 2011 Released: April 8, 2011 By the Chief, Audio Division, Media Bureau: Introduction In this Forfeiture Order, we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Enid Public Radio Association (``Licensee''), licensee of low-power FM radio station KEIF-LP, Enid, Oklahoma (``Station''), for willfully violating Sections 73.503(d) and 73.811 of the Commission's Rules, as well as Section 399B of the Communications Act of 1934, as amended (the ``Act''), by willfully and repeatedly interrupting regular programming with unauthorized commercial announcements and operating at antenna height greater than that authorized. BACKGROUND On July 13, 2010, the Media Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the
• http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.pdf
  • Eligibility Rules for FM Broadcast Translator Stations, Third Further Notice of Proposed Rule Making, 26 FCC Rcd 9986 (2011) (``Third Further Notice''). LCRA � 8(a). Id. � 8(b). Id. � 8(c). But see NAB Comments at 4 n.8 (suggesting that the Commission also consider the impact of LPFM stations on AM stations). 47 C.F.R. � 73.853. 47 C.F.R. �� 73.801, 73.503(d). See 47 C.F.R. �� 73.809, 73.810. See Appendix A.1. 47 C.F.R. � 73.855 (allowing not-for-profit organizations and governmental entities with a public safety purpose to own multiple LPFM licenses if one of the multiple licenses is submitted as a priority application and the remaining non-priority applications do not face a mutually exclusive challenge). 47 C.F.R. � 73.3555(a)(1). 47 C.F.R. �
• http://www.fcc.gov/fcc-bin/audio/DA-12-725A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-725A1.pdf
  • for Station KUSF\(FM\), San Francisco, CA) Tj 1 0 0 1 71.75 331.949 Tm 100 Tz (\(the "Station"\) from USF to CPRN. In particular, the Consent Decree resolves the Bureau's investigation) Tj 1 0 0 1 71.75 319.699 Tm (of the applicants' compliance with Sections 1.17 and) Tj 1 0 0 1 307.9 319.25 Tm 97 Tz /OPBaseFont3 11 Tf (73.503\(c\)) Tj 1 0 0 1 353.25 319.25 Tm 100 Tz /OPBaseFont1 11 Tf (of the Commission's Rules, 47 C.F.R.) Tj 1 0 0 1 72.2 307.199 Tm 82 Tz (� � 1.17,) Tj 1 0 0 1 107.5 307 Tm 97 Tz /OPBaseFont3 11 Tf (73.503\(c\)) Tj 1 0 0 1 152.849 307 Tm 96 Tz /OPBaseFont1 11 Tf (\(the
• http://www.fcc.gov/fcc-bin/audio/DA-92-223A1.pdf
  • specific changes and improvements in KNON underwritingannouncementssinceourinvestigationbe- gan.itappearsthatpromotionallanguagehasnotbeen eradicated.andthatyourcorrectivemeasuresandpolicies havebeeninadequate. Basedontheevidencebeforeus.itappearsthatyou haveviolatedSection399BoftheCommunicationsAct andrelatedCommissionrulesandpoliciesconcerningthe broadcastofadvertisementsbynoncommercialeducation- alstations.Thesubjectunderwritingannouncements.all airedinexchangeforremuneration.containlanguage promotingtheservices.facilities.orproductsofferedby personsengagedinsuchofferingforprofit.Thean- nouncementsdonotmerelyidentifytheunderwriter: rather.theycontainqualitativeandcomparativeterms. "callstoaction."priceinformation.andotherinduce- mentsforlistenerstopatronizethecommercialentities named. Accordingly,youareherebyadvisedofyourapparent liabilityforatotalforfeitureof55.000foryourapparent repeatedviolationsofSection399BofCommunications Act.inthemannerspecifiedabove.onMarch28-29.May 24-25.andAugust13.1991.Thisamountwasreached afterconsiderationofthefactorssetforthinSection 503(b)(2)oftheActandtheguidelinesdescribedinour recentlyadopted PoLicyStatement,StandardsforAssessing Forfeitures,6FCCRcd4695(1991).recon.pending.Under 8310-MD 91070217 AgapeBroadcasting Foundation.Inc. Licensee.Noncommercial RadioStationKNON(FM) 4415SanJacinto Dallas.TX75204 DearLicensee: Attention:ArquillaSmith.VicePresident anymessageorotherprogrammingmaterialwhich isbroadcastorotherwisetransmittedinexchange foranyremuneration.andwhichisintended...to promoteanyservice.facility.orproductofferedby anypersonwhoisengagedinsuchofferingfor profit.... ThisletterconstitutesaNoticeofApparentLiabilityfor aforfeitureofFiveThousandDollars($5.000).forviola- tionsofSection399BoftheCommunicationsActof 1934.asamended.ThisnoticeisissuedpursuanttoSec- tion503(b)oftheCommunicationsAct.underauthority delegatedtotheChiefoftheMassMediaBureauby Section0.283oftheCommission�sRules. Section399BoftheCommunicationsActprohibits publicbroadcaststationsfrombroadcastingadvertise- ments.Itdefinesanadvertisementas: 47 U.s.C.�399b.See"Lso47C.F.R.�73.503:andApril 14.1986. PubLicNotice. BecauseofcomplaintsindicatingthatKNON(FM). Dallas.TX.mighthaveviolatedSection399BoftheCom- municationsActof1934.asamended.andrelatedCom- missionrulesandpolicies.theMassMediaBureau's EnforcementDivisionsentyoualetterofinquirydated July8.1991.Thelettersoughtspecificinformationcon- cerningunderwritingannouncementsapparentlyairedon March28-29andMay24-25.1991.(Transcriptsattached.) Youwerealsoaskedtosupplycertaininformationabout KNON'sarrangementstobroadcastprogramming"pro- duced...orfurnishedbypersonsotherthanthelicensee." asregulatedbySection73.503(cloftheCommission's rules. ByanswerdatedAugust6.1991.youconcededthat "therewereproblems"insomeoftheMarch1991 underwritingannouncements.primarilyduringprogram- mingproducedbyTejanoMediaGroup(TMG).Pursuant toyourcontractwiththatorganization.TMGwasau- 1709 DA92-223 FederalCommunicationsCommissionRecord 7FCCRedNo.5 thesestandards.$2,500isthebaseforfeitureforviolation ofunderwritinglimitationsbynoncommercialstations. Thatfigurewasincreasedtoreflectthefactthatthe violationswererepeated. Inregardtothisforfeitureproceeding.youareafforded aperiodofthirty(30)daysfromthedateofthisletter"to show.inwriting.whyaforfeiturepenaltyshouldnotbe imposedorshouldbereduced.ortopaytheforfeiture. Anyshowingastowhytheforfeitureshouldnotbe imposedorshouldbereducedshallincludeadetailed factualstatementandsuchdocumentationandaffidavits asmaybepertinent."47C.F.R.�1.80(f)(3).Otherrel- evantprovisionsofSection1.80oftheCommission's Rulesaresummarizedintheattachmenttothisletter. Sincerely, RoyJ.Stewart Chief.MassMediaBureau ATTACHMENTS KNON(FM),March28-29,1991 1.CasaJose--Justlikemomusedtomakeit.CasaJose hastheMexicanplateslikesteakranchero.realtender strips...tanpequenomarinatedinourspecialsauce grilledwithbellpepperandfreshjalapenostrips.andyes. ofcourse.theymaketheirhome-madetortillas... 2.DuncanvilleDiscountTires--... specializesinnewand qualitytiresforpassengercars.sportscars.(etc.).... 3.Steve'sPawnShop-- Hey--yeah.you--findyourself shortofmoney,nocreditatthehank.everybodyturning youdownforaloan?Feelinglost?Well.Here'sSteve. what?Here'sSteve...Stevewho?Steve'sPawnShopand Jewelry.that'sright...Steve'sPawnShopandJewelrywill loanyoumoneyonitemssuchasgold.jewelry.(etc.).any itemofworth.... 4.AmigoCustomPaintandBodyShop--...
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FederalCommunicationsCommission. FederalCommunicationsCommission D.C.20554 August13,1997 DA97-1740 Inreplyreferto: 1800cI-CMW 93110551 Released:August15,1997 CERTIFIEDMAIL-RETIJRNRECEIPTREQUESTED PenfoldCommunications,Inc.,Licensee StationKR1M(FM),Temecula,CA 27645JeffersonAvenue,#104A Temecula,CA92590 Dear Licensee: ThisletterconstitutesaNOTICEOFAPPARENTUABILITYforaforfeiturepursuanttoSection503(b). oftheCommunicationsActof1934,asamended(the"Act"),forviolationsofSection399Bof theAct ItisissuedunderauthoritydelegatedtotheChiefofthe MassMediaBureaubySection0.283ofthe Commission'sRules. . Section399BoftheAct,asimplementedbySection73.503oftheCommission'sRules,prohibitspublic broadcaststationsfrombroadcastingadvertisements.AdvertisementsaredefinedbytheActasprogram materialbroadcast"inexchangeforanyremuneration"andintendedto"promoteanyservice,facility,or product"offor-profitentities.47U.S.C. �399B.Althoughcontributorsoffimdsmayreceiveon-air acknowledgements,theCommissionhasunequivocallystatedthatsuchacknowledgementsmaybemade foridentificationpmposesonlyandshouldnotpromotethecontributor'sproducts,services,orcompany. Specifically,suchannouncementsmaynotcontaincomparativeorqualitativedescriptions,price information,callstoaction,orinducementstobuy, sell, rentorlease.SeePublicNotice."IntheMatter oftheCommissionPolicyConcemingtheNoncommercialNatureofEdueationalBroadcastingStations," 7FCCRed827(1986). OnDecember31,1992,theCommissionreleaseda$5,000NoticeofApparentLiabilitytoPenfold Communications("Penfold")forviolationofSection399BofActPenfoldCommunications.Inc.,8FCC Red78(MMB1992).Theforfeitureamount wassubsequentlyreducedto$3,500becauseofyourclaim offinancialhardshipandyourpasthistoryofcompliancewithourrules. MemorandumOpinjon .llDl.i 8FCCRed5242(MMB1993)("MQ&Q").InourMO&Q, weindicatedthatwewerecontinuing toreceivecomplaintsandcautionedyouthat wewould"nothesitatetoimposeamoresubstantial forfeitureinthe futureforadditionalorsubsequentsimilarviolations." FollowingthereleaseoftheMO&Q, wereceivedinformationindicatingthatStationKRTM(FM)has continuedtoairannouncementsinviolationofSection399BoftheAct. OnJanuary28,1994,weissued aletterofinquiryseekinginformationregardingsomeallegedlyimpermissibleannouncementsbroadcast onOctober27and28,1993.Attachedheretoisatranscriptofthoseannouncements.Inyourresponse ofFebruary8.1994.youstatedthatyoudidnotreceiveconsiderationforthreeoftheannouncements(#s 1947 FederalCommunicationsCommission DA97-1740 1,2,and6)andthatoneoftheannouncements(#7)wasairedonbehalfofanoncommercialentity,!With respecttotheremainingthreeannouncements(#s3,4,and5),youadmittedreceivingconsideration,but claimedthatthelanguagecontainedthereinisincompliancewitb.Section399BoftheAct2 Withrespecttoannouncements,I,2,and6,wereceivedcorrespondencefromanumberofindividuals challengingyourclaimthatyoureceivednoconsiderationforairingthoseannouncements.Youstated inyourwrittenresponsethatannouncementsIand2werebroadcastto"attractlisteners"toAdobePlaza, theshoppingcenterwhereStationKRTMhas"storefrontstudios."Theinformationwereceivedfollowing yourresponseindicatedthatannouncementsforAdobePlazaweremadeinexchangeforpartialpayment oheflt.aol'1 thatGentlyUsedFurniture,locatedinAdobePlaza,paidseparateconsiderationtoStation KRTMforthebroadcastofannouncement2,Youalsostatedinyourresponsethat"thestationfromtime totimepromotesnewbusinessesintownwithoutconsideration,"inorderto"promotethecommunity's growth,"andthatannouncement6forBaja'swasanexampleofsuchanannouncementFollowingyour .response,however,wereceivedevidenceindicatingthatBaja's wasacontributortothestationanddid payconsiderationtohaveannouncement6aired, On August2,1994,weissuedanotherletterofinquiry,requestingclarificationoftheconflicting informationwereceived.OnJuly31,1995,youfiledyourresponsetothatletter,'Youstatedthatafter receiptofoursecondletter,yousearchedyourfilesagainandfoundthat,underyouroriginalleaseat AdobePlaza,which wasnolongerineffectatthetimeofyourresponsetoourfirstletterofinquiry,you didreceivereducedrentinexchangefor"equivalent"radiotime,Youstillcontend,however,that althoughannouncement1 wasairedduringthetermoftheoriginallease,itwasnotoneofthe
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FederalCommunicationsCommission Beforethe FederalCommunicationsConunission Washington, D.C:20554 DA98-2407 In theMatterof PenfoldConnnunications,Inc. LicenseeofStationKRTM(FM), Temecula,CA ForaForfeiture ))))))))) MEMORANDUMOPlNIONANDORDERANDFORFEITlJREORDER Adopted:November 24,1998 Bytheilief, MassMediaBureau: Released:November 25,1998 1. TheMassMedia Bureau("Bureau")hasbeforeit(1)aNoticeofApparentLiability("NAL") releasedoI).August15,1997, 13FCCRed1947(MMB1997),issuedtoPenfoldConmiunications,Inc. (''Penfold''),lieenseeofStationKRTM(FM),Temecu1a,CA;and(2)Penfold'sSeptemberIS,1997, responsetotheNAL. 2.TheNALassesseda$6,000forfeitureagainstPenfoldforitsrepeatedviolationofSection 399BoftheConummicationsActof1934,asamended(the"Act"),bybroadcastingsiximpermissible announcementsonOctober27and28,1993.Section399BoftheAct,asimplementedbySection73.503 oftheCommission'sRules,prohibitspublicbroadcaststationsfrombroadcastingadvertiseIrents. Advertisen=tsaredefinedbytheActasprogram materialbroadcast"inexchangeforanyremuneration" andintendedto"promoteanyservice,facility,or product"offor-profitentities.47US.c. �399B. Althoughcontributorsof fundsmayreceiveon-airacknowledgements,theCommissionhasunequivocally statedthat suchacknowledgementsmaybemadeforidentificationpurposesonlyandshouldnotpromote thecontributor's products,services,orcompany.Specifically;suchannouncementsmaynotcontain comparativeorqualitativedescriptions,priceinformation,callstoaction,orinducementstobuy,sell,rent orlease.SeePublicNotice,"IntheMatteroftheCommissionPolicyConcerningtheNoncommercial NatureofEducationalBroadcastingStations,"7FCCRed827(1986).TheBureaufoundthatthesix announcementsatissuewerepromotionalinnatureandwerebroadcastinexchangeforconsideration. 3.PenfoldarguesinitsresponsethattheforfeitureisnotjustifiedandasksthattheNALbe "withdrawn."Insupportofitsposition,Penfoldassertsthattheannouncementsinquestion wereeither (I)notbroadcastinreturnforconsideration;or(2)didnotcontainpromotionallanguage.Foreaseof reference,atranscriptoftheannouncementsisattachedheretoandtheannouncementsarereferredtoby numberasindicatedinthetranscript(#s1-6). 4.Withrespecttoannouncement#1.promotingtheAdobePlazatheBureaustatedintheNAL thatitbelievedconsiderationwasreceivedinexchangeiorthebroadcastbemuseatthetimethebroadcast was airedPenfoldhadanagreementwithAdobePlaza,theshoppingcenlerwherethestation'sstudiowas located,thatitwouldpromotetheplazaanditsbusinessesinexchangelorreducedrent.Inresponseto 23731 KR1M(FM),Temecula,CA October 27,1993 FederalCommunicationsCommission DA 98-2407 I. Hi,Goldie here.AfterthosethreebearsranmeoffIfOW1dacottageintheAdoocPlazaright hereinTemeculaIt'snottoobig,nottoosmall,butjustright.It'ssurroundedbyover15businessesthat makeuptheAdoocPlazaNottoomany,nottoofew,butjustright.There'salsospaceformore businesses.InformationisavailablefromOsbournPropertiesat694-9320.TheMoocPlaza,locatedon JeffersonAvenue,isthehomeofPeacockUnifonns,GentlyUsedFurniture,AdoocChiropracticNational Communications, andtheKR1Mbusinessoffice...justtonameafew.Nottoofew,but right. . 2.(Ringsooodeffect.)Hello?Hey,Mark,thisisLoxie.rvegotsomeexcitingnews.What's up?IjustfOW1dafurniturestorelocatedrighthere.inTemeculawithfurniturethat'sbeenused... gently.Ah,whatdoyoumeangentlyused?Imeanlike a1mostnew.Thestorehasfilledup8timesin 48dayswithsofas,dinettes,chairs,tables,recliners,rockers,curios,beds,desks,chinacabinetsandmore. OwnersRickandJearmie Kemntakeinalltypesoffinnitureonconsigmnenl.Consigmnent,huh?Where isthisplace?IntheAdoocPlazaonJeffersonAvenuenexttoTony'sSpunkySteerandthatlocalradio stationKR1Morsomething.Oll,yeah,theprogrammingofthatstationisW1derwrittenbythis anno=menl.GentlyUsedFurniture,27625JeffersonAvenue,699-5044. October 28,1993 3.TemeculaValley'sourlocation... NtSSanofTemeculaYeah,we'vegotcausefor celebration.Nissancars
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FederalCommunicationsCommission FederalCommunicationsCommission Washington,D.C.20554 CERI1FlEDMAIL,RETURNRECEIPTREQUESTED AgapeBroadcastingFoundation Licensee,StationKNON-FM 4415SanJacinto Dallas,Texas75204 Dear Licensee: DA98-825 In replyreferto: 1800C1-MGK 94120087 Released:J\1ay1,1998 ThisletterconstitutesaNOTICEOF APPARENTLlABIUTYFORAFORFEITURE pursuanttoSection503(b)oftheCommunicationsActof1934(the"Act"),asamended,under authoritydelegatedtotheChief,MassMediaBureau,bySection0.283(c)(3)oftheCommission's Rules. BylettersofJuly2,1996,andFebruary3,1997,weinquiredintocomplaintsthat noncommercialStationKNON-FMhad,inJuly,SeptemberandOctoberof1994,andagainin AugustandSeptemberof1996,violatedSection399BoftheAct,andSection73.503ofthe Commission'sRules.Theseprovisionsprohibitnoncommercialstationsfrombroadcasting announcementsthatpromotethesaleofgoodsandservicesoffor-profitentitiesinreturnfor considerationpaidtothestation.OurlettersnotedthatStationKNON-FMhadbeenassessed aforfeitureforviolationofSections399Band73.503inFebruary1992. YourrepliesofJuly19,1996,andFebruary19,1997,concedethatviolationsoccurred, andclaimthattheseviolationsreflectedeitherinadequatesupervisionstemmingfrompersonnel problemsatthestation(the1994violations)ordisregardofyourestablishedproceduresby individualannouncersorproducers(the1996violations).Youassertthatallindividuals responsiblefortheannouncementshavebeenreprimandedorterminatedfromthestation.And, youreportthatyouemployawidevarietyofmethodstoensurecompliancewithapplicable policiesandprocedures.Inthisregard,younotethedifficultyofsupervisingyourlargenumber ofon-airvolunteers(approximately60in1996and90in1997). In twoinstances,youquestionourassessmentofparticularannouncements,expressing youropinionthattheycomplywithour,requirements.Inonecase,areferenceto"theonly 13154 FederalCommunicationsCommission DA98-825 store...whereyoucanfmd...,"youstatethatthestoreinquestionisinfacttheonlyretailoutlet forcertainmerchandiseinaspecificpartoftown.Thus,youurgethattheword"only"isnot aqualitativedescription.Withrespecttoareferenceto "all-you-can-eatcatfishonSundays,"you maintainthat"all-you-can-eat"isavalueneutraldescriptionofatypeofrestaurantandisnot impliedpriceinformation. Wehavefoundtheword"only,"whencombinedwithadescriptionoffeaturesand attributes,tobepromotional."Only,"inthiscontext,suggestsacomparisonwithsimilar establishments;inconjunctionwithdescriptivematerial,itindicatesthattheestablishmentisthe "best"ofitskind.LettertoRadioStationKUNV(Rv1).July10,1989.Inyourannouncement forBlueSuedeShoe,"aleathergoodsandmusicstore,"theword"only"appearsincontextto reflectthestore'sstatusasthesolesourceofvariousgoodsinaspecificgeographicarea,rather thanaclaimthatitisthe"best"amongcompetingmerchants.Hence,weagreethatuseofthe word"only"doesnotinandofitselfrenderthisannouncementpromotional. Whileconsiderationsofcontextmayalsomakethephrase"a1I-you-can-eat" unobjectionable,wefindintheparticularcontextherethatitsusedoesimplypriceinformation. LettertoMaryLouJoseph,VicePresidentMemberServices,11FCCRed10052(MMB1996). Theannouncement,whichconcernstheRustyAnchorrestaurant,includesdescriptionsofdishes offeredandhoursofoperation."All-you-can-eatcatfishonSunday"isclearlypresentedasaone- day-a-weekspecialfeature,aneventinwhichpricingisaninducementtopatronage. YouattachtoyourresponseofFebruary19,1997,standardformatsthatyouproposeto useforannouncementsconcerningmusicclubs.Theseformatsinclude,amongotherthings, fairlyextensivedescriptionsoftheclubs'offerings,presentedonanight-by-nightbasis.We havewarnedinthepastofthedangersof"non-identifyingverbosity,"andhavecautionedagainst a"tendencytoexceedidentificationbydwellingatlengthontheusefulness,convenience,or advantagesoftheproductsorservicesmentioned."PenfoldCommunications,Inc.,8FCCRed 78(MMB1992).Whilewecannotassessyourproposedformatsintheabstract,i.e.without referencetospecificunderwriters,theirlengthandscopecouldrenderthempromotionalunder thisprecedent. In viewoftheabove,andinlightoftheviolationsyouhaveconcededandthosewehave found,itappearsthatinJuly,SeptemberandOctoberof1994,andinAugustandSeptemberof 1996,AgapeBroadcastingFoundation,licenseeofnoncommercialstationKNON-AM,Dallas, Texas,violatedSection399BoftheCommunicationsActof1934,asamended,andSection 73.503oftheCommission'sRules.Accordingly,youareherebyadvisedofyourapparent liabilityforaforfeitureoffivethousanddollars($5,000)foryourwillfulandrepeatedviolations. ThisforfeitureamountwasdetenninedafterconsiderationofthefactorssetforthinSection 503(b)(2)oftheCommunicationsAct,takingintoconsiderationthenature,circumstances,extent andgravityoftheviolations. 13155 FederalCommunicationsCommission DA98-825
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FederalCommunicationsCommission FederalCommunicationsCommission Washington,D.C.20554 June29,1999 CERTIFIEDMAIL--RETURNRECEIPTREQUESTED Russellville BroadcastFoundation Licensee,NoncommercialEducationalStationKMTC(FM) . ... 807DikeRoad Russellville,AR72811 DearLicensee: DA99-1280 Inreplyreferto: l8OOC1-GU1KMS 97110071 Released:July1,1999. ThisletterconstitutesaNOTICEOFAPPARENTLIABILITYFORAFORFEITURE pursuanttoSection503(b)oftheCommunicationsActof1934,asamended(the"Act"),for violationsof 47 u.s.c.Section399BandSection73.503oftheCommission'sRules.Thisaction istakenunderauthoritydelegatedtotheChief,MassMediaBureau,pursuanttoSection 0.283(c)(3)oftheCommission'sRules. Section399BoftheCommunicationsAct,asimplementedbySection73.503ofthe Commission'sRules,prohibitspublicbroadcaststationsfrombroadcastingadvertisements. AdvertisementsaredefinedbytheCommunicationsActasprogrammaterialbr()adcast"in exchangeforanyremuneration;'andintendedto"promoteanyservice,facility,orproduct"offor- profitentities.47U.S.C.�399B.Althoughcontributorsoffundstoanoncommercialstation mayreceiveon-air theCommissionhasunequivocallystatedthatsuch acknowledgementsmaybemadeforidentificationpurposesonlyandshouldnotpromotethe contributor'sproducts,services,orbusiness.Specifically,suchannouncementsmaynotcontain comparativeorqualitativedescriptions,priceinformation,callstoaction,orinducementstobuy, sell,rentorlease.SeePublicNotice, "IntheMatteroftheCommissionPolicyConcerningthe NqncommercialNatureofEducationalBroadcastingStations,"7FCCRcd827(1986).Inthis case,wereceivedinformationsuggestingthatvariousannouncementsbroadcastbyStation KMTC(FM),transcriptionsofwhichwepreviouslyprovidedthelicensee,RussellvilleEducational BroadcastFoundation("REBF"),appeartopromotetheproducts,servicesorbusinessesoffor- 11208. .profitenterprises. FederalCommunicationsCommission DA99-1280 Inresponsetothisinformation,weissuedaletterofinquirytoREBFdatedOctober7, 1997.-InitsOctober 24,1997,reply,REBFconcedesthatsponsoredunderwriting acknowledgements"similar"ItothosedescribedinourOctober7,1997letterofinquirywere broadcast.Thelicenseealsoprovidedalogindicatingthatthesubjectannouncementswere broadcastapproximately828timesduringtheJanuary1997throughOctober19'97periodin exchangeformonetaryortraderemuneration.WhileREBFessentiallyconcedesthatthecited announcementswerepromotionaloffor-profitentities,itexplainsthat,onthewhole,ithas endeavoredtoexercise"reasonable,goodfaithjudgments".inbroadcastingsponsorship identificationannouncementsthatcomplywiththeapplicableCommissionguidelines.Upon reviewofourletterofinquiry,however,itconcludedthat"changesneedtobemade,"and thereuponimplementedcorrectivemeasuresbyreplacingstationpersonnelassociatedwiththe announcementreviewprocess. Uponcarefulconsiderationoftherecordinthiscase,takingintoaccountthefull circumstancesincluding,thelicensee'sre?ponse,wefindthatREBFbroadcastimpermissible advertisementsforthebenefitoffor-profitentities,inapparentviolationofSection399Bofthe CommunicationsAct,�andSection73.503oftheCommission'sRules..Wefindthat.the announcementsarepromotionalinnature,throughtheirinclusionoflanguagethat.contains qualitativedescriptions,comparativelanguage,calls.toaction,inducementstobuy,orthat otherwiseexceedstheidentification-onlypurposeofunderwritingannouncementsbypromoting thegoodsorservicesoffOJ-profitentities. Althoughweacknowledgethatthelicenseehastakencorrectivemeasuresbyreplacing staffresponsibleforreviewingitsunderwritingannouncements,wemustalsoconsiderthatthese measureswere�nottakerr1lIltiltheapparentviolationswerefirstpointedoutbytheCommission. Astotheactsofthelicensee'sformerstaff,wenotethattheCommissionhasconsistentlyheld thatsuchfactorsasemployeeerrororignoranceofthepertinentstatuteandunderwritingrules willnotexcusealicenseefromitsobligationtooperateastationincompliancewiththeterms ofitsauthorizationandtheCommission'srules.Additionally,licenseescannotbeexcusedfrom responsibilityfortheactsoftheiremployees.EmpireBroadcastingCom.,25FCC2d68(1970). Accordingly,wefindthatREBFhasapparentlyviolated:(1)Section399Bofthe CommunicationsActandSection73.503oftheCommission'sRulesregardingpermissibledonor andunderwritingannouncementsonnoncommercialeducationalstations,forthereasonssetforth above.Fromtheinformation�supplied,itappearsthattheannouncementsmadeonbehalfof I WenotethatREBFdidnotindicatehowtheannouncements'textsdiffered,ifatall,from .thosesetforthinouraudiotapetranscript. 11209 FederalCommunicationsCommission
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FederalCommunicationsCommission Beforethe FederalCommunicationsCommission Washington,D.C.20554 IntheMatterof )) LiabilityofRussellvilleEducationalBroadcast ) Foundation )) LicenseeofNoncommercialEducational ) StationKMTC(FM), ) Russellville,AR )) ForaForfeiture .) MEMORANDUMOPINIONANDORDER ANDFORFEITUREORDER DA99-1656 Adopted:August18,1999 BytheChief,MassMediaBureau: Released:August19,1999 1.TheCommission,bytheChief,MassMediaBureau,actingpursuanttoauthority delegatedbySection0.283(c)(3)oftheCommission'sRules,hasbeforeitforconsideration:(1)a NoticeofApparentLiability("NAL")foraforfeitureintheamountof$2,500,issuedonJuly1, 1999toRussellvilleEducationalBroadcastFoundation("REBF"),licenseeofnoncommercial educationalradiostationKMTC(FM),Russellville,Arkansas;and(2)aJuly28,1999,response theretosubmittedbyREBF.REBFrequeststhattheforfeitureberescindedoralternatively reduced..Forthereasonsthatfollow,wedenyREBF'srequestforrescissionorreductionofthe originalforfeitureamount,pursuanttoSection503(b)oftheCommunicationsActof1934,as amended,47U.S.C.�503(b)(the"CommuincationsAct"). 2.IntheNAL,wedeterminedthatREBFhadbroadcastannouncementspromotingfor- profitentitiesinapparentviolationofSection399BoftheCommunicationsAct,asamended,47 U.S.C.�399b,andSection73.503(d)ofthe�'Commission'sRules.Insupportofthemonetary forfeiture,theNALspecificallycitedannouncements,repeatedacombinedtotalof828times duringtheperiodJanuary1997throughOctober1997,madeonbehalfofprogramsponsorsRandy CaseyWreckerService,Dial-a-Page,RagsdaleInsurance,FirearmsLimited,andD&RPittsburgh Paints.TheNALfurtheracknowledgedthatthelicenseereportedhavingtakencorrectivemeasures byreplacingstaffinvolvedinthereviewoftheunderwritingannouncements,butalsonotedthat thesemeasureswerenottakenuntiltheapparentviolationswerefirstpointedoutbythe Commission. 13508 FederalCommunicationsCommission DA99-l656 3. InitsresponsetotheNAL,REBfcontendsthattheforfeitureshouldberedm;edor rescindedbecauseithas,sincebeingnotifiedbytheCommission,achievedrulecompliance,and thattheviolationsinquestionwerenot"willful,"or"repeated"asrecitedintheNAL.REBfalso contendsthattheforfeitureamountof$2,500isexcessivebecauseits"incomeand/ortrade-outs frombusinessesaverages$2,460permonth,"andthattheforfeitureamountthusposesafinancial hardship. 4.Wehavereexaminedtheforfeitureimposedinviewofthestatutoryfactorssetforthin Section503(b(2)(D)oftheCommunicationsActpertainingtothenature,circumstances,extentand gravityoftheapparentviolations.Weaffinnthepriorfmdingthattheannouncementsmadeon behalfofprogramsponsorsinquestionconstitutedprohibitedpromotionaladvertisementsin apparentviolationoftheCommunicationsActandtheCommission'snoncommercialrulesand policies.forthereasonssetforthbelow,wefurtherconcludethat,inthiscase,rescissionor reductionofthe$2,500monetaryforfeitureproposedintheNALisunwarranted. 5.AlthoughREBfassertsthatitsexpostfactoeffortsatachievingrulecompliancewarrant forfeiturereductionorrescission,itcitesnoprecedentinsupportofthisproposition.Initially,we mustnotethatlicenseesareobligatedtocomplywiththeapplicablestatutesandCommissionrules governingtheconductoftheirbroadcasts,aIldthattheirsubsequentremedialeffortsdonotnullify orexcusepriorviolations.SeeGaffueyBroadcasting,Inc.,23fCC2d912,913(1970),citing ElevenTenBroadcastingCom.,33fCC706(1962).Whilealicensee'svoluntaryandadvanced disclosuretotheCommissionofaruleviolationmay,inappropriateinstances,justifymitigationof aforfeiture,thatfactorisnotpresentinthiscase.As�REBfacknowledges,itseffortstowardrule compliancewerenotundertakenuntilaftertheviolationsoccurred,andwerepointedouttothe licenseebytheCommissionitself.Consequently,REBf'sargumentiswithoutmerit. 6.REBffurthercontendsthatthemonetaryfineshouldbereducedorrescindedbecauseits ruleviolationswereneither"willful"nor"repeated."However,itisnotpertinentwhethera licensee'sactsoromissionswerespecificallyintendedtoviolatethelawbecausetheterm"willful," asusedinSection503(b)oftheAct,hasbeeninterpretedtomeansimplythattheactsoromissions werecommittedknowingly.SeeLiabilityofCateCommunicationsCom.,60RR2d1386(1986), citingMidwestRadioTelevision,Inc.,45fCC1137(1963).Inthiscase,REBfdoesnotcontend thattheunderwritingannouncementsinquestionwerebroadcastwithoutitsoritsstaffs knowledge.further,inviewofthehundredsofbroadcastrepetitionsoftheseannouncementsover anapproximateten-monthperiod,thereisampleevidenceinthiscasethattheviolationswere,in fact,"repeated."]Moreover,REBF'srepeatedbroadcastofthedeficientunderwriting announcementscannotbesaidtoreflectanisolatedlapseofjudgmentorsingleactofnegligence. C�RumbautManagement.Inc.,DA95-2303(MMB1995)(minimalforfeitureforviolationof 1 TheActspecifiesthiscriterionasanalternativejustificationforassessingforfeitures.SeeLiabilityofCate CommunicationsCorn.,supra.SeealsoHaleBroadcastingCom.,79FCC2d169,171(1980)(interpreting "repeatedlyntomean"simplymorethan once.II) 13509 FederalCommunicationsCommission DA99-1656 anti-lotteryadvertisingruleappropriatewhere.therewereonlythreesuchinstances,twoofwhich werebaseduponprohibitedmentionof"casino"duringaliveinterview). 7.Finally,REBFarguesthattheforfeitureamountinthiscaseisexcessivebecauseit exceedsitsaveragemonthlyincome,andposesafmancialhardship.REBF,however,hasfailedto provideevidencetosupportthatclaim.Inthisregard,REBFdidnotsubmitaprofit-and-loss statementasspecificallyrequiredtodemonstratetheinabilitytopay.SeeParagraphI(B)ofthe
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  • � � � � I would like to thank the University of San Francisco and Classical Public Radio Network LLC for their cooperation with our investigation of this proposed transaction and the negotiation of this Consent Decree. The violations addressed in the Consent Decree involve two serious matters: (1) monthly payments for program time, in violation of 47 C.F.R. � 73.503(c) (which forbids such payments to NCE radio stations unless they are limited to reimbursement of operating expenses); and (2) the parties' unintentionally false certifications that the transaction complied with the Commission's rules and policies. We found that the parties violated Section 73.503(c) of the Commission's rules in connection with a Public Service Operating Agreement (``PSOA'') for the pre-closing period. In
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  • speakers, that is not our intention. In response to commenters who are concerned about fairness to nonprofit corporations, who are not themselves eligible for accreditation because they are not institutions of learning, we clarify that such corporations may nevertheless qualify for the credit if they are providing programming to accredited schools in coordination with those schools. See 47 C.F.R. �� 73.503 (a) and 73.621(a). In this manner, applicants who will provide educational service to many schools, but who cannot achieve that goal without some signal contour overlap and resulting loss of the local diversity credit, will not be placed at a disadvantage in comparison to applicants serving a smaller number of schools. An applicant serving many schools would receive two points
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  • might be. Alleged Broadcasts of Prohibited Promotional Announcements Our rules prohibit noncommercial educational stations from broadcasting announcements that promote the sale of goods and services of for-profit entities in exchange for consideration paid to the station. Those who contribute funds to a noncommercial station may receive on-air acknowledgements for identification purposes only. See 47 U.S.C. � 399B; 47 C.F.R. � 73.503(d). Florida alleged that HBS broadcast 173 prohibited announcements on NCE station WLAZ during its start up period of program tests, while its application to be licensed was pending. Florida provided the staff with transcripts of the announcements, translated from Spanish to English, with HBS challenging the accuracy of some of the translations. HBS, while professing a belief that all of
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  • from competitive bidding and under what circumstances. Specifically, are all ``nonprofit educational organizations'' exempt from auctions whenever they apply for any broadcast license, or only when they make a ``showing that the station will be used for the advancement of an educational program''? In other words, is the ``showing'' of an ``educational program'' or ``service'' requirement that appears in sections 73.503 and 73.621 of the Commission's rules, part of the ``eligibility'' requirement that is incorporated by reference in section 397(6) of the Act? Or is the eligibility requirement referenced in section 397(6) only that the applicant be a ``nonprofit educational organization''? If the latter is the case, a nonprofit educational organization could not participate in an auction for a broadcast license
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  • Section 73.621 of the Commission's Rules, 47 C.F.R. � 73.621, provides that ``noncommercial educational broadcast stations will be licensed only to nonprofit educational organizations upon a showing that the proposed stations will be used primarily to serve the educational needs of the community; for the advancement of educational programs; and to furnish a nonprofit and noncommercial television broadcast service.'' Section 73.503 of the Commission's rules addresses the licensing requirements and service of noncommercial educational FM stations. Under our rules, a noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program. See 47 C.F.R. � 73.503(a)(2). Although the Commission does not reserve
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  • Station WCVZ(FM), South Zanesville, Ohio (the ``Station''). Christian Voice seeks reconsideration of a May 9, 2008, Forfeiture Order, in which the Enforcement Bureau (the ``Bureau'') imposed a $9,000 forfeiture against Christian Voice for its willful and repeated broadcast of advertisements over the Station in violation of Section 399B of the Communications Act of 1934, as amended (the ``Act''), and Section 73.503(d) of the Commission's rules. In its Petition, Christian Voice contends that the Bureau committed legal error by misapplying applicable precedent in reaching its legal conclusions. At the same time, Christian Voice, in its Petition, appears to concede that it violated our underwriting rules, but argues that the forfeiture imposed is not commensurate with past enforcement actions for similar violations. Christian
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  • Because the statute incorporates by reference the Commission's NCE organization eligibility rules, we must look to those rules in determining NCE and, consequently, LPFM eligibility under Section 397(6) of the Act. The Rules limit NCE station eligibility to nonprofit educational organizations that show that the station will be used ``for the advancement of an educational program.'' 6. In applying Section 73.503, the Commission has required that NCE applicants be: (a) a government or public educational agency, board or institution; (b) a private, nonprofit educational organization; or (c) a nonprofit entity with a demonstrated educational purpose. We require that an applicant described in (a) or (b) above have an educational program and demonstrate how its programming will be used for the advancement
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  • non-profit organizations in order to conform the rule to Section 399B of the Act. Despite these changes and other liberalizations of the fundraising and donor acknowledgment rules, the Commission continued the ban on conducting fundraising activities which substantially alter or suspend regular programming and are designed to benefit any entity other than the station itself, codifying these requirements in Sections 73.503(d) and 73.621(e) of the Commission's rules. Those rules provide, in pertinent part, that ``[t]he scheduling of any announcements . . . may not interrupt regular programming.'' Commission staff has occasionally granted waivers of these rules in extraordinary circumstances. For example, the Commission granted a waiver to the licensee of an NCE television station to broadcast a three-hour fundraiser for Wolf
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit PuhlicBroadcastingService 141 EducationalNoncommercialJ.lroadcastService PublicBroadcasting Rules,Amendmentof Fundraisingpoliciesmodified(Sections73.503(d).and73.621(e� to matchthemmoreclosely toth..,purpose,potentialandappropriate limitsofnoncommercialbroadcasting.BCDocketNo.21136 .FCC81-204 BEFORETHE FEDERALCOMMUNICATIONSCOMMISSION WASHlNGTON,D.C.20554 IntheMatterof CommissionPolicyCoricerningtheNoncom- mercialNature.OfEducationalBroadcastSta- tions BCDocketNo. 21136 SECONDREPORTANDORDER(PROCEEDINGTERMINATED) (Adopted:April23,1981;Released:May19,1981) ByTHECOMMISSION:COMMISSIONERQtrnLLOISSUINGASTATEMENTIN WHICHCOM;MISSIONE:a iOINS;COMMISSIONER- WASHBURN ISSUINGAS:EPARATESTATEMENT. 1.'.Inthe First RepariandNoticeofProPosedRuleMakinginthis proceediIlg(hereinafter "First ReptYrl,"69FCC2d200(1978�,we soughtcomment,throughrulemaking,on22specificquestions regardingthenoncommercialnatureofpublicbroadcasting:lThese questionshadjx,endistilledfromtheinquirystageofthesame proceeding,2andrelated toasingletheme:WestatedthatOur propOsedanswel"swereintended toplaceIillIitsuponsometypesof fundiaisingactivities,with.aneyetowardstrikingareasonable balance'betweenthefinaricialneedsofsuch,stations.andtheir toproVide'anessentiallynoncornmerci.albroadcastservice. Theseproposalsreceivedextensivecommentsfroinawiderangeof individuals,associations,.andlicensee$,. see.AppendixA.Wenow believe,baseduponthe.recordinthis,proceeding,thattheoverall approachembodied-in the22.specificquestioJ;lswarrants-re-examina- tion,andthattherecorddoesnotsupportmanyofthespecificrules thatwereproposed. ITheterm"publicoroadca.sting"isusedheretorefer toallstationsliceDBedbythe Commissionasnoncommefuialeducationalbroadcaststations. 'NoticeofInquiry(Inquiry),FCC77-162,March15,1977,42Fed.Reg.15927(Mareh 24,1977). 86F.e.c.2d 142 FederalCommunwatWilsCommiisiOnReports 2.The FirstReportalludedtoa;'patternofcomplaintsfromthe publicandfromcommercialbroadcastersregardingthepracticesof publicbroadcastingstations(para.2).However,therecordnow available touspr()videsscantsupportforthecontentionthattherehas beena
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit EducationalBlcStations DeclaratoryRulingEducationalNoncommercialTVStation Reconsideration,Petitionfor,Denialof 895 Requestfordeclaratoryrulingof SecondReportandOrder,86FCC 2d141,grantedtoresolvetheuncertaintythatexistsastotheimpact ofPublicBlcingAmendmentsActof,1981uponthe SecondReport. PetitionforclarificationgrantedReconsiderationpetitionsdenied. -EducationalBlcStations BCDocketNo.21136 FCC82--327 BEFORETHE FEDERALCOMMUNICATIONSCOMMISSION WASHINGTON,D.C.20554 IntheMatterof CommissionPolicyConcerningthe NoncommercialNatureofEducational BroadcastStations. BCDocketNo. 21136 MEMORANDUMOPINIONANDORDER Adopted:July15,1982;Released:July30,1982 ByTHECOMMISSION:COMMISSIONERWASHBURNISSUINGAN ADDITIONALSTATEMENT. 1.The SecondReportandOrderinDocketNo.21136evaluatedthe financialneedsofpublicbroadcastersaswellastheirobligationtoprovide anoncommercialservice.1TheCommissionrelaxedcertainrestrictions onpublicbroadcasters'fundraisingactivities.Petitionsforreconsidera- tionand"clarification,andvariouscommentsinresponsethereto,were filedwiththecommissionconcerningthe SecondReport.Additionally,a petitionfordeclaratoryrulingwasfiledregardingtheimpactofthePublic BroadcastingAmendmentsactof1981(withparticularreferencetoSec- I SecondReportandOrder,86F.e.C.2d141(1981).Hereinafterreferredtoas"SecondReport." 90F.e.e.2d 896 FederalCommunicationsCommissionReports tions399Aand399BoftheCommunicationsAct)uponthe SecondRe- port.2TheSecondReportandSections399Aand399Bserveasimilar underlyingpurposeandachievesimilarends,byprovidingpublicbroad- casterstbeopportunitytoattractadditional!inancialsupportwhile focusinguponthenoncommercialnatureofpublicbroadcastingingener- al.Inlightofthebasicthrustofboththe SecondReport,andSections 399Aand399B,andintheinterestofexpeditingconsiderationofthe issuesraisedbythevariouspleadings,wewilladdresstherequestfor declaratoryrulingtogetherwiththepetitionsforreconsiderationand clarification.3 Background 2.Essentially,the SecondReportliberalizedpriorrestrictionsupon noncommercialbroadcastersbyamending47C.F.R.�73.503and47 C.F.R.�73.621to:(1)allowpublicbroadcasterstoairpromotionalan- nouncementswhendeemedinthepublicinterestandnoconsiderationfor suchannouncementsisreceived;4(2)eliminatethenameonlyrequire- mentfordonoracknowledgementsandpermitthebroadcastofinforma- tional,butnotpromotional,messages (i.e.,themessagesmayinclude suchinformationasthedonor'slogo,locationandproductlinesorserv- ices);and(3)deleteanylimitationsonthetimingandfrequencyofdonor acknowledgements.Theamendmentsweredesignedtofurthertheim- portantgovernmentalinterestinpreservingtheessentiallynoncommer- cialnatureofpublicbroadcasting withinaminimalregulatoryframe- workbyinsulatingpublicbroadcastersfromcommercialmarketplace pressuresanddecisions.oTheCommissionbelievesthattherulessatisfy constitutionalobjectionssincetheyarenarrowlyfashionedtoachievean importantgovernmentalinterest (i.e.,therulesprohibitthebroadcastof promotionalannouncements forconsideration---nomore,noless),6and thattherulessatisfythestatutorymandateof47U.S.C.�317(47C.F.R. �73.1212)sincethedonoracknowledgements,asallowed,betterinform thepublicastotheidentityofthesponsoringentities.7Moreover,itwas 2 Section1231oftheOmnibusBudgetReconciliationActof1981,P.L.97-35,97thCong.,1stSession (1981),amendedtheCommunicationsActbyaddingSections399Aand39gB. ByOrderofApril23,1981,theCommissionconsolidated.thepetitionsforreconsiderationand clarification. 4 Considerationisbroadlydefined"todenoteanythingofvaluegiveninexchangeforsomethingelseof SecondReport,811praat142. 5 SecondReport,supra,at142-143. 6 AregulationwhichinfringesuponFirstAmendmentrightsisvalidjf,itfurthersasubstantial governmentinterestandisnarrowlytailoredtoservethatinterest. U,S.v.O'BI'ieil,391U.S.367,377 (1968);CommunityServieeBroadcasr'illgq/MidAmerim,Ille.v,FCC,593F.2d1102,1111,1114(D.C. eir.,1978), 7 Section317basicallyrequiresastationtomakeanannouncementthattheprogrammingmaterialwas broadcastforconsideratiol').,unlesstheconsiderationconsistsofgoodsorservicesprovidedatlittleor 90F.e.C.2d EducationalBlcStations 897 hopedthatSections73.503and73.621,asamended,wouldenablenon- commercialbroadcasterstoattractadditionalrevenueandbroadentheir economicbase.Statedanotherway,itwasourhopethattheliberalization ofrestrictionsondonoracknowledgementswouldencouragemore contributors. 3.The SecondReportreflectedtheCommission'sdesiretostrike"a reasonablebalancebetweenthefinancialneedsof[publicbroadcast] stationsandtheirobligationtoprovideanessentiallynoncommercial broadcastservice"andeliminatethoseproscriptiveregulationsdeemed unnecessarytopreservethemedia'snoncommercialnature.Therecent amendmentstotheCommunicationsActrelatingtopublicbroadcasting reflectCongress'desiretoensurethatthepublictelecommunications mediaremainsfinanciallyviableinviewofsubstantialFederalfunding reductions,byencouragingandfacilitatingtheabilityofpublicbroadcast- erstogenerateadditionalprivatefinancialsupportwhichisnecessaryfor
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 7FCCRedNo.3 FederalCommunicationsCommissionRecord FCC86�161 Beforethe FederalCommunicationsCommission Washington,D.C.20554 PUBLICNOTICE INTHEMATTEROFCOMMISSION POLICYCONCERNINGTHENONCOMMERCIAL NATUREOFEDUCATIONALBROADCASTING STATIONS [ReprintexcerptedfromPublicNOlice. FCC86-161.36590.April11.1986; 51FR21800.June16,1986.[ TheCommissionhasbecomeawareofsignificantun- certaintyandcontroversy .variousaspects,of CommissionandstatutorypolicyrelatingtocommerCIal underwritingonnoncommercialstations.Asaconse� quencewehavereviewedtheexisting.policies,focusing on..::(1)thebroadcastofannouncementsrelatingto goodsandservicesforwhichconsiderationisreceivedby thestation:(2)enhancedunderwritinganddonoran- nouncements:(3)theofferingofprogram-relatedmateri- als;.... ANNOUNCEMENTSPROMOTINGTHE SALEOFGOODSANDSERVICES Section399BoftheCommunicationsActof1934.as amended.andSections73.503(d)and73.621(e)ofour rulesspecificallyproscribethebroadcastofannounce- mentsbypublicbroadcaststationswhichpromotethesale ofgoodsandservicesoffor-profitentitiesinreturnfor considerationpaidtothestation.Theserules,however, permitcontributorsoffundstoth.e.stationto.receive on-airacknowledgments.TheCommissIOnhasarticulatec;i specificguidelineswhichemphasize.thedifferencebe- tweenpermissibledonorand andcommercialadvertising.SeeCommlsslOflPolleyCon- cerningtheNoncommercialNatureofEducational castingStations.97FCC2d255(1984)(heremafter referredtoas "1984Orderll);CommissionPolicyConcern- ingtheNoncommercialNatureofEducationalBroadcasting Stations.90FCC2d895(1982)(hereinafterreferredtoas "1982Order");SecondReportandOrder.86FCC2d141 (1981);FirstReportandOrderandNOliceofProposedRule Making,69FCC2d200(1978). RecentcasesbeforetheCommissionindicatethatsome noncommercialbroadcastershaveairedoutrightCommer- cial.messagesonbehalfofprofitmakingentities.inviola- tionofourrulesandthestatute.(FootnoteomItted.)As ouractionsinthosecasesattest.wewillenforceour prohibitiononthe of o.n behalfofprofitmakmgentItlesforwhichconsIderationIS paidtothestation.Inforn:ationbrought.to attention oftheCommissionregardIngsuchpracticesWillbescru- tinizedandlicenseesfoundtohaveengagedinthemwill besanctioned. ENHANCEDUNDERWRITINGAND DONORACKNOWLEDGMENTS Beyondtheairingofpaidpromotionalannouncements, ourrecentreviewofunderwritingactivitiesindicatesthat somepublicbroadcastersmaybeairingdonorand underwritingacknowledgmentswhichexceedtheCom- mission'sguidelines.Inlightoftheseinstancesandan ongoingdebateinthepublicbroa:dcastingcommunityon theseissues.webelievethatabriefstatementconcerning theobligationsofpublicbroadcasterswithrespecttodo- norandunderwritingacknowledgmentsisappropriate.In March1984,werelaxedournoncommercialpolicyto allowpublicbroadcasterstoexpandorllenhance".the scopeoftheirdonorandunderwriteracknowledgmentsto include(I)logogramsorsloganswhichidentifyanddo nOIpromote,(2)locationinformation,(3)valueneutral descriptionsofaproductlineorservice.and(4)brand andtradenamesandproduct ofservicelistings.1984 Orderat 263.Thatactionwastakenasanotherstepin�our ongoingefforttostrike areasonablebalancebetweenthe financialneedsofpublicbroadcaststationsandtheirob- ligationtoprovideanessentiallynoncommercialservice. It wasourviewthat"enhancedunderwriting"wouldoffer significantpotentialbenefitstopublicbroadcastingin
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  • reply refer to: 1800B1-KMS 98020334 98020274 Evansville-Vanderburgh School Corporation Licensee, Noncommercial Educational Station WPSR(FM) 5400 First Avenue Evansville, IN 47710 Dear Licensee: By this letter, we conclude our investigation into allegations that noncommercial radio station WPSR (FM), Evansville, Indiana, licensed to Evansville-Vanderburgh School Corporation ("EVSC") violated Section 399B of the Communications Act of 1934, as amended ("the Act"), and Section 73.503(d) of the Commission's Rules, as well as related policies. The possible violations involve donor and underwriting announcements on noncommercial educational stations. Section 399B of the Act, as implemented by Section 73.503 of the Commission's Rules, prohibits public radio and television stations from broadcasting advertisements. Advertisements are defined by the Act as program material broadcast "in exchange for any remuneration" and
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  • to: 1800C1-KMS 99060391 American Family Association Licensee, Noncommercial Educational Translator Station W204AV, Sanford, NC P.O. Drawer 2440 Tupelo, MS 38803 Dear Licensee: By this letter, we conclude our investigation into allegations that noncommercial educational translator station W204AV, Sanford, NC, licensed to American Family Association ("AFA"), violated Section 399B of the Communications Act of 1934, as amended ("the Act"), and Section 73.503(d) of the Commission's Rules, as well as related policies. The alleged violations involve donor and underwriting announcements which were broadcast on Station W204AV. Section 399B of the Act, as implemented by Section 73.503 of the Commission's Rules, prohibits public radio and television stations from broadcasting advertisements. Advertisements are defined by the Act as program material broadcast "in exchange for any
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  • in connection with specific programming, on an other than arm's-length basis, the contributing entity would be deemed to have "provided support" to the noncommercial educational station, and must be acknowledged as a program sponsor. 4. Should non-profits and for-profits be treated the same in terms of the wording of the announcements? Section 399B of the Act, as implemented by Section 73.503 of the Commission's Rules, prohibits public radio and television stations from broadcasting advertisements. Advertisements are defined by the Act as program material broadcast "in exchange for any remuneration" and intended to "promote any service, facility, or product" of for-profit entities. 47 U.S.C. 399B. Although for- profit contributors of funds to a noncommercial station may receive on-air acknowledgements, the Commission has
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  • [228]PDF 73.316 FM antenna systems. [229]TEXT [230]PDF 73.317 FM transmission system requirements. [231]TEXT [232]PDF 73.318 FM blanketing interference. [233]TEXT [234]PDF 73.319 FM multiplex subcarrier technical standards. [235]TEXT [236]PDF 73.322 FM stereophonic sound transmission standards. [237]TEXT [238]PDF 73.333 Engineering charts. [ [239]Propagation Curves ] Subpart C -- Noncommercial Educational FM Broadcast Stations [240]TEXT [241]PDF 73.501 Channels available for assignment. [242]TEXT [243]PDF 73.503 Licensing requirements and service. [244]TEXT [245]PDF 73.504 Channel assignments in the Mexican border area. [246]TEXT [247]PDF 73.505 Zones. [ [248]FM Classes ] [249]TEXT [250]PDF 73.506 Classes of noncommercial educational FM stations and channels. [251]TEXT [252]PDF 73.507 Minimum distance separations between stations. [253]TEXT [254]PDF 73.508 Standards of good engineering practice. [255]TEXT [256]PDF 73.509 Prohibited overlap. [257]TEXT [258]PDF 73.510 Antenna systems. [259]TEXT
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  • 30, 1998 [ [145]WP5.1 ]. Whether a disputed sales agreement was in accordance with established corporate procedures is a private dispute matter. January 26, 1998 Letter re WAQV (FM) Crystal River, FL & WHIJ (FM) Ocala, FL Letter, dated January 26, 1998 [ [146]WP5.1 ]. Assignment applications dismissed since assignee does not meet the educational organization criterion of [147]47 CFR 73.503(a). September 24, 1997 Letter re WDCU (FM), Washington D.C. Letter, dated January 30, 1998 [ [148]WP5.1 | [149]Text ]. C-SPAN is not an educational entity but has an educational goal and program; that jazz programming format would be lost is not a factor in considering the assignment application; educational licensee/seller can maximize its profit from the sale. August 6, 1997
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  • 30, 1998 [ [98]WP5.1 ]. Whether a disputed sales agreement was in accordance with established corporate procedures is a private dispute matter. January 26, 1998 Letter re WAQV (FM) Crystal River, FL & WHIJ (FM) Ocala, FL Letter, dated January 26, 1998 [ [99]WP5.1 ]. Assignment applications dismissed since assignee does not meet the educational organization criterion of [100]47 CFR 73.503(a). September 24, 1997 Letter re WDCU (FM), Washington D.C. Letter, dated January 30, 1998 [ [101]WP5.1 | [102]Text ]. C-SPAN is not an educational entity but has an educational goal and program; that jazz programming format would be lost is not a factor in considering the assignment application; educational licensee/seller can maximize its profit from the sale. August 6, 1997
• http://www.fcc.gov/mb/audio/includes/33-nature.htm
  • and Donor Acknowledgements * [4]Program Related Materials * [5]Recent Orders * [6]Contact for More Information * [7]Comments and Suggestions About this Page __________________________________________________________________ Related information about broadcast stations is located at: [8]Audio Division -- [9]Video Division -- [10]Media Bureau [11]Federal Communications Commission __________________________________________________________________ Announcements Promoting Goods and Services Section 399B of the Communication's Act of 1934, as amended, and Sections 73.503(d) and 73.621(e) of our rules specifically proscribe the broadcast of announcements by public broadcast stations which promote the sale of goods and services of for-profit entities in return for consideration paid to the station. These rules, however, permit contributors of funds to the station to receive on-air acknowledgements. The Commission has articulated specific guidelines which emphasize the difference between permissible
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [181]PDF 73.316 FM antenna systems. [182]TEXT [183]PDF 73.317 FM transmission system requirements. [184]TEXT [185]PDF 73.318 FM blanketing interference. [186]TEXT [187]PDF 73.319 FM multiplex subcarrier technical standards. [188]TEXT [189]PDF 73.322 FM stereophonic sound transmission standards. [190]TEXT [191]PDF 73.333 Engineering charts. [ [192]Propagation Curves ] Subpart C -- Noncommercial Educational FM Broadcast Stations [193]TEXT [194]PDF 73.501 Channels available for assignment. [195]TEXT [196]PDF 73.503 Licensing requirements and service. [197]TEXT [198]PDF 73.504 Channel assignments in the Mexican border area. [199]TEXT [200]PDF 73.505 Zones. [ [201]FM Classes ] [202]TEXT [203]PDF 73.506 Classes of noncommercial educational FM stations and channels. [204]TEXT [205]PDF 73.507 Minimum distance separations between stations. [206]TEXT [207]PDF 73.508 Standards of good engineering practice. [208]TEXT [209]PDF 73.509 Prohibited overlap. [210]TEXT [211]PDF 73.510 Antenna systems. [212]TEXT
• http://www.fcc.gov/mb/audio/nature.html
  • and Donor Acknowledgements * [50]Program Related Materials * [51]Recent Orders * [52]Contact for More Information * [53]Comments and Suggestions About this Page __________________________________________________________________ Related information about broadcast stations is located at: [54]Audio Division -- [55]Video Division -- [56]Media Bureau [57]Federal Communications Commission __________________________________________________________________ Announcements Promoting Goods and Services Section 399B of the Communication's Act of 1934, as amended, and Sections 73.503(d) and 73.621(e) of our rules specifically proscribe the broadcast of announcements by public broadcast stations which promote the sale of goods and services of for-profit entities in return for consideration paid to the station. These rules, however, permit contributors of funds to the station to receive on-air acknowledgements. The Commission has articulated specific guidelines which emphasize the difference between permissible
• http://www.fcc.gov/mb/peer_review/prlpfm_rpt_economic_study.pdf
  • a maximum power of 100 watts, another class of LPFM stations is permitted to operate at a maximum power of 10 watts. See id; see also Creation of Low Power RadioService, Report and Order, 15 FCC Rcd 2205, 2211-12, �� 13-14 (2000). No stations currently exist in the LP10 class, however. 4See47 C.F.R. � 73.853. 5See 47 C.F.R. �� 73.801, 73.503(d). Federal Communications Commission DA 12-2 62 these restrictions, we believe that LPFM offerings in both the audience and advertising markets are lower quality substitutes for the offerings of full-service commercial FM stations. 5. First, the limitations on the maximum power of LPFM stations substantially reduce the number of potential listeners they can serve and, therefore, the number of listeners they
• http://www.fcc.gov/ogc/documents/opinions/2004/00-1310-051104.pdf
  • is analogous to instructional television in that both are educational. It is true, as AFA points out, that NCE broadcasting does not focus solely on instructional educational programming, as do the instructional television rules. But it remains true that NCE applicants' broadcast frequencies, as a threshold matter, all must ``be used for the advancement of an educational program,'' 47 C.F.R. 73.503, and so, by definition, are also educational. There is a rational connection between local accountability and education, since it is reasonable to expect that locals are in the best position to judge their own educational needs. That rational connection, together with local entities' strong traditional role in NCE broadcasting, makes the agency's explanation rational. Oregon mounts three distinct, and equally