FCC Web Documents citing 74.1232
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- in the broadcast industry and the six broadcast stations that it operated in Utah, KNFL should be familiar with the Commission's regulations governing broadcast station licenses; KNFL continued to operate the FM translator after being verbally notified that it had no authorization to operate the FM translator; and KNFL's operation of the FM translator would not be permitted by Section 74.1232(e) of the Commission's Rules (``Rules''), which prohibits an FM station from providing financial support to an FM translator that would extend the FM station's protected contour. 6. On August 2, 1999, the Commission received KNFL's response to the NAL, in which KNFL requests cancellation or reduction of the proposed forfeiture. KNFL admits that, until March 16, 1999, it operated an
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- - Local Public Inspection File for Commercial Stations Community Broadcasting, Inc., Sunrise Beach, MO. $2,500 NAL. Kansas City, MO District Office (3/11/03). 47 C.F.R. Part 74 - Experiemental Radio Auxiliary, Special Broadcast and Other Program Distributional Services 47 C.F.R. § 74.532 -Licensing Requirements Broadcast Learning Center, Inc., Cherry Hill, NJ. $4,000 NAL. Philadelphia, PA District Office (1/6/03). 47 C.F.R. § 74.1232 -Eligibility and Licensing Requirements Simmons-SLC, LS, LLC, KJQN, K264AC, Brigham City, UT. $4,000 NAL. Denver, CO District Office (1/6/03). 47 C.F.R. Part 76 - Multichannel Video and Cable Television Service 47 C.F.R. § 76.605 - Technical Standards AT&T Broadband, Jacksonville, FL. $8,000 NAL. Other violation: 47 C.F.R. § 76.611 (Cable Television Basic Signal Leakage Performance Criteria). Tampa, FL District Office
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- July 2, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand two hundred ($3,200) to Simmons-SLC, LS, LLC, (``Simmons''), licensee of FM station KJQN in Brigham City, Utah, and translator station K264AC, in rural Utah County, Utah, for willful and repeated violation of Section 74.1232(d) of the Commission's Rules ("Rules"). The noted violation involved Simmons using station K264AC to extend the 1 mV/m contour of FM station KJQN beyond its authorized contour. 2. On January 6, 2003, the Commission's Denver, Colorado Field Office (``Denver Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") to Simmons in the amount of four thousand dollars ($4,000). Simmons
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- noncommercial educational (``NCE'') FM station KCSM(FM), operating on Channel 216B1 in San Mateo, California. On December 19, 1997, San Mateo filed application BPFT-19971219TC for authority to operate a new non-fill-in translator facility in Concord, California on Channel 216, the same channel as the commonly owned primary station KCSM(FM). By the Staff Decision, the application was dismissed for violation of Section 74.1232(f) of the Commission's rules. Specifically, the Staff Decision concluded that, by proposing a translator station on the same frequency as primary station KCSM(FM), San Mateo was, in effect, applying for an FM booster facility. Pursuant to Section 74.1232(f), FM booster stations will be authorized only to serve areas within the protected contour of the primary station. The Staff Decision dismissed
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- the ``Petitioners'') directed to the July 2, 2004, action of the Chief, Audio Division (the ``Staff Decision''), granting the above-referenced Educational Media Foundation (``EMF'') application for construction permit (the ``Application'') to build new FM translator station K255BE at Tulsa, Oklahoma. For the reasons set forth below, we dismiss the petition for reconsideration. Petitioners state that the subject application violates Sections 74.1232, 1.17 and 1.65 of the Commission's rules. Specifically, Section III-A, Item 14 of the application for authority to construct an FM Translator, FCC Form 349, requests that the applicant certify that it does not have any interest in an application or an authorization for an FM translator station that serves substantially the same area and rebroadcasts the same signal as
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- have before us a Petition to Deny the Assignment Application filed by Mark Heller (``Heller'') on March 7, 2007. For the reasons discussed below, we deny the Petition to Deny and grant the Assignment Application. Background. Sister Grace filed the above-captioned Assignment Application on February 7, 2007. Heller claims that the Assignment Application must be dismissed because it violates Section 74.1232(d) of the Commission's Rules (the ``Rules''). Heller contends that the rule violation occurs because Disterhaft is an employee of primary station WAUH(FM), Wautoma, Wisconsin, and thus is prohibited from owning a non-fill-in translator station. In response, Disterhaft acknowledges his employment as an independent contractor for Station WAUH(FM). However, Disterhaft states that, once constructed, Station W247AZ will be a fill-in translator
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- station or to circumvent local radio ownership limits. ßThe Commission changed its FM translator program origination rules (47 C.F.R. §§ 74.1231(h) and 74.1263) to allow a daytime-only AM station to originate programming on a currently authorized FM translator at night, provided that the translator meets the coverage limits described above. ßThe Commission changed its FM translator eligibilityrule (47 C.F.R. § 74.1232(d)) to allow a third partywith a currentlyauthorized FM translator to rebroadcast an AM station as the translator's primarystation pursuant to a valid retransmission consent agreement with the licensee of the AM station, provided that the translator meets the coverage limits described above. Impact on Small Business These rule modifications will have no significant adverse impact on small entities. The rule
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- a translator station on the air. In this case, the interference from W284BQ is actual and foreseeable. RPI has failed to properly eliminate such interference. Accordingly, RPI must suspend W284BQ operations immediately. Accordingly, for the reason stated above, Radio Power Inc. IS HEREBY ORDERED TO CEASE OPERATION OF W284BQ IMMEDIATELY. This action is taken pursuant to 47 C.F.R. §§§ 74.1203(e), 74.1232(h), and 0.283. Sincerely, James D. Bradshaw Deputy Chief Audio Division Media Bureau cc: Marnie K. Sarver, Esq. David O'Neil, Esq. FCC Field Office - Detroit 47 C.F.R. § 7403(e) (requiring translator licensee to suspend operations within three minutes of notice from the Commission that W284BQ is causing interference to another broadcast station). Id. at § 74.1203(a)(3) (emphasis added). See, e.g.,
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- we find that the public interest does not compel reconsideration, and that the Petition is subject to dismissal under Section 1.106(p)(3) of the Rules. 6. Second, Lunderville purports to present new evidence, by way of affidavit, in support of his contention that the now-constructed W251BD translator station is receiving support from Mt. Washington, the WVMJ(FM) licensee, in violation of Section 74.1232(e) of the Rules. Again, however, Lunderville fails to meet the requirements for reconsideration. Lunderville, in his undated Affidavit, states that he has heard ``daily'' commercial advertisements for Shaw's other businesses over WVMJ(FM), but does not explain how this fact establishes that Mt. Washington is providing support to W251BD in violation of Section 74.1232(e). Even assuming, arguendo, that Lunderville's statements provided
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- OF APPARENT LIABILITY FOR FORFEITURE Released: January 6, 2003 By the Acting District Director, Denver Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Simmons-SLC, LS, LLC, ("Simmons") licensee of FM station KJQN in Brigham City, Utah, and translator station K264AC, in rural Utah County, Utah, apparently willfully and repeatedly violated Section 74.1232(d) of the Commission's Rules ("Rules"), by using station K264AC to extend the 1 mV/m contour of FM station KJQN beyond its authorized contour. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended, that Simmons is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND Station K264AC is licensed to
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit p p Report No. 2771 May 10, 2006 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REFERENCE INFORMATION CENTER ------------------------------------------------------------------------ ------------------------------------------------------------------ RM NO. RULES SEC. PETITIONER DATE RECEIVED NATURE OF PETITION 11331 74.1201 Miller Communications 04/27/2006 Miller Communications, Inc., 74.1231 Inc., et al Kaskaskia Broadcasting, Inc., and 74.1232 Virden Broadcasting Corp., jointly (Filed By: Randall J. Miller filed a petition for rulemaking on Miller Media Group April 27, 2006, seeking amendments 918 East Park to the Commission's Rules that P.O. Box 169 currently prohibit local program Taylorville, IL 62568) origination by FM translator stations. ------------------------------------------------------------------------ ------------------------------------------------------------------------ ------------------ FCC PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington,
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- pursuant to section 316 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. § 316, to show cause why its licenses for translators K272DG and K285EG, Seward, should not be modified. Our reasons follow. I. Background 2. This case primarily involves our eligibility and signal delivery requirements for FM translators, which appear in 47 C.F.R. §§ 74.1231(b), 74.1232(d). Briefly, those provisions provide that other-area or non-fill-in translators may only retransmit primary FM station signals received by the translator directly over-the-air and that authorization for an ``other-area'' or ``non-fill-in'' translator will not be granted to persons interested in or connected with the commercial ``primary FM station.'' These rules became effective on June 1, 1991, with pre-existing translators required to
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- it intends to operate those translators at any time in the future absent authorization to do so. In this regard, we note that continued unauthorized operation may lead to an order to show cause to revoke Peninsula's other Commission licenses. I. BACKGROUND 2. This case involves our eligibility and licensing requirements for FM translators, which appear in 47 C.F.R. § 74.1232(d). Briefly, that subsection provides that authorization for an ``other-area'' or ``non-fill-in'' translator will not be granted to persons interested in or connected with the commercial ``primary FM station.'' These rules became effective on June 1, 1991, with pre-existing translators required to comply no later than June 1, 1994. As the Commission explained in establishing these rules, translators are intended to
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- or booster station will not be permitted to continue to operate if it causes any actual interference to the transmission of any authorized broadcast station''). Additionally, the Staff Decision correctly noted that the rules specify that booster stations provide protection to first-adjacent channel stations, not to second-adjacent channel stations, such as KXPT(FM). See 47 C.F.R. § 74.1204(i). 47 C.F.R. § 74.1232(f). See General Instructions to FCC Form 323, Ownership Report for Commercial Broadcast Stations, Section I, item 5. See, e.g., Greater Muskegeon Broadcasters, Inc., 11 FCC Rcd 15464, 15472-73 (1996) (existence of an inaccuracy in an application, without any indication that the applicant meant to deceive the Commission, does not elevate such a mistake to the level of an intentional falsehood
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- as a notice of apparent liability is not a ``final Commission action,'' which is the predicate for a petition for reconsideration pursuant to 47 C.F.R. § 1.106. See Excel Communications, Inc., 11 FCC Rcd 19765, n. 3 (Common Carrier Bureau 1995). We will therefore treat Peninsula's pleading as a ``response'' pursuant to 47 C.F.R. § 1.80(f)(3). See 47 C.F.R. § 74.1232(d). An ``other-area'' or ``non-fill-in'' translator is one whose coverage contour extends beyond the protected contour of its primary station. See 47 C.F.R. § 74.1201(h) and (i). A ``primary'' FM station is the station whose signal a translator retransmits. 47 C.F.R § 74.1201(d). See Peninsula Communications, Inc., 13 FCC Rcd 23992 (1998); Peninsula Communications, Inc., 15 FCC Rcd 3293 (2000) (``February
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- its FM translators during the pendency of any judicial appeals of the May 2001 MO&O would have perpetuated long-standing rule violations and been inconsistent with the warning in our February 2000 MO&O. We saw no reason to do either. We had given Peninsula ample time to meet the condition imposed in 1997 and come into compliance with 47 C.F.R. § 74.1232(d). Peninsula Communications, Inc. v. FCC, Case No. 01-1273 (D.C. Circuit). In pertinent part, the Order requires Peninsula to ``file a status report addressing whether any proceedings on the FCC's order to show cause [concerning the proposed modification of two FM translator licenses for Seward, Alaska] or any other proceedings related to the FCC's May 18, 2001 order remain pending before
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- Due to the potential competitive impact of translator stations on full service radio broadcast service particularly in less populated areas, the Commission authorizes FM translator stations on a secondary basis only under rules restricting their service, ownership, sources of financial support, and program origination. As amended in 1990 to emphasize the secondary nature of FM translator service, Sections 74.1231(b) and 74.1232(d) setting forth the signal delivery and eligibility requirements, preclude operation of the Seward FM translators. 3. The fee waiver request was premised on the Commission's alleged failure to enforce its February 2000 decision ordering Peninsula to cease operating the two Seward FM translator stations and to expedite its May 2001 show cause order against Peninsula. By its September 24 Letter
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- and Opposition of Peninsula Communication, Inc. (``Peninsula'') to the Commission's Order to Show Cause why the licenses of translator stations K272DG and K285EG, Seward, Alaska, (``Seward Translator Stations'') should not be modified, pursuant to Section 316 of the Communication Act of 1934, as amended, and Section 1.87 of the Commission's rules, to terminate previously granted waivers of Sections 74.1231(b) and 74.1232(d)3 of the Commission's rules. Also before us is a July 5, 2001, Opposition to Peninsula's Protest and Opposition to the Commission's Order to Show Cause filed by Phoenix Broadcasting, Inc., licensee of KSWD(AM) and KPFN(FM) Seward, Alaska (``Phoenix''). In this Order, we deny Peninsula's Protest and Opposition and modify the Seward Translator Stations' licenses to terminate the waivers of Sections
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- Report and Order distinguished between ``fill-in'' translators (coverage remains within primary station's coverage) and ``other area'' translators (coverage extends beyond primary station's contour). FM translators that were operating before March 1, 1991, could continue to operate until March 1, 1994, including those owned by full service stations that had signals reaching beyond authorized contours, i.e., ``other areas.'' 47 C.F.R. § 74.1232(d). Only where a licensee wishing to use ``other area'' translators could demonstrate that adequate service is otherwise unavailable, would the Commission grant waivers. Memorandum Opinion and Order, 8 F.C.C. Rcd. at 5095. Translator Renewals - 1995 On November 22, 1995, PCI filed renewal applications for its translators. (EB Exh. 3 at 8; EB Exhs. 4-9, passim, Tr. 312-13.) In each
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- Official Notice, filed December 17, 2004; Comments of KSRM, Inc., filed December 17, 2004. PCI 1-14-2005 Comments at 4-5 ¶ 6. EB 1-14-2005 Further Comments at 3 ¶ 4. Kodiak 1-18-2005 Comments at 3-4. Peninsula Communications, Inc., EB Docket No. 02-21, FCC 05-128 (Jun. 20, 2005). See id. at n. 5. See id. at ¶ 8. See 47 C.F.R. § 74.1232(a). See 47 C.F.R. § 74.1201(a). Because we find that section 312(g) requires the reinstatement of PCI's translator licenses, we need not reach the issue of whether section 307(f)(2), added by SHVERA, compels the same result. Federal Communications Commission FCC 05-179 h gdó gdó ˆ Š ¢ ° î ù ü „Ð`„Ðgdó gdó „Ð]„Ð^„Ðgdó „Ð`„Ðgdó gdó gdó gdó ¤ ¦ §
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- of Section 309(j) of the Communications Act, 12 FCC Rcd 22363, 22388 (1997). The Mass Media Bureau opened the four-part national LPFM filing window in 2000-01, two years before opening the 2003 translator window. See supra ¶ 4. Accordingly, we reject Prometheus's characterization of the timing of these windows. Reconsideration Order, 15 FCC Rcd at 19224. See 47 C.F.R. § 74.1232(d). See 47 C.F.R. § 74.1231(b). The March 2003 window was limited to non-reserved band proposals. None of these authorized or proposed stations may rebroadcast signals delivered direct to the station via satellite. See 47 C.F.R. § 74.1231(b). Thus, we find misplaced Prometheus's attempt to link the ``problem'' of the 2003 window to our satellite delivery rules. A commercial FM station
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- larger radio markets. Expansion of Purpose and Permissible Service of FM Translators Based on the comments received in this proceeding, we seek comment on several proposed rule changes to expand the purpose and permissible service of FM translator stations to allow their use to provide fill-in service for AM radio stations. We have attached proposed revisions to Sections 74.1201, 74.1231, 74.1232, 74.1263, and 74.1284 of the Rules that would allow such service, subject to the limitations discussed herein, including those described below. We request comments on the benefits and detriments of these proposed rule changes, including their impact on the AM, FM, FM translator and LPFM radio services (particularly on small business entities) and the listening public. We seek comments on
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- the rates at which commercial messages may be purchased for broadcast on that station. NRI alleged that TBC's ``raison d'etre'' is to profit from the operation of translator stations by selling commercials on those stations. In addition, NRI alleged that the New Seward Station would receive financial support from its primary commercial station, KXBA(FM), Nikiski, Alaska, in violation of Section 74.1232(e) of the Rules. The Media Bureau (the ``Bureau'') dismissed the Petition to Deny the New Seward Station application on January 18, 2005, concluding that NRI had failed to provide evidence of any rule violation. NRI filed a Petition for Reconsideration on February 2, 2005. The Bureau denied the Petitions to Deny the Seward Stations' applications on February 23, 2005, concluding
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- does not operate. Given this limitation and the limitation on the allowed signal contour of this type of translator, the FM translator will not be an independent ``voice'' in the market. Similarly, we need not specifically limit the number of FM translators that an AM station can use for this purpose in light of other protections already in place. Section 74.1232(b) of our rules currently limits the ability to hold ``same area'' translator authorizations, requiring a showing of ``technical need'' for an additional translator serving substantially the same area as the first. This restriction will apply to FM translators used as fill-in AM translators to prevent an AM station from monopolizing the available spectrum in its area. The ``technical need'' requirement
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- FCC Rcd at 9650: ``[W]e do believe that creating greater demand for future FM translator authorizations by allowing them to be used by AM as well as FM stations could adversely affect opportunities for new LPFM stations. Accordingly, we will limit the rule change being adopted here to currently authorized FM translators.'' This restriction is codified at 47 C.F.R. § 74.1232(d). Petition for Reconsideration by Robert A. Lynch, filed July 28, 2009; Petition for Reconsideration by Edward A. Schober, filed July 28, 2009. We seek comment on modifying the cross-service prohibition with regard to only those applications that remain pending from the 2003 translator window. As noted above, the issue of whether to eliminate the date restriction on cross-service translators is
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- preclusive impacts on protected LPFM channel/point combinations. Applications that conflict with protected channel/point combinations and that are not amended to eliminate all such conflicts will be dismissed. The Fourth Report and Order also modifies certain recently adopted FM translator service rule changes as a result of the enactment of the LCRA. Specifically, it modifies the date restriction contained in Section 74.1232(d) of the Rules to allow pending FM translator applications that are granted to be used as cross-service translators. Summary of Significant Issues Raised by Public Comments in Response to the IRFA None. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply. The RFA directs the Commission to provide a description of and, where
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- See also Broadcast Television National Ownership Rules, MM Docket Nos. 96-222, 91-221, and 87-8, FCC 99-209 (Aug. 6, 1999). NCE radio licensees are able to operate translators more readily than their commercial counterparts because the restriction prohibiting a commercial station from operating a translator that extends the primary station's service area does not apply to NCE licensees. 47 C.F.R. § 74.1232. Unlike commercial stations, NCE FM stations are not required to provide a minimum field strength signal over their community. 47 C.F.R. § 73.315(a), Note a. We have, however, in a separate proceeding, proposed to begin requiring them to provide 60 dBu (1 mV/m) service to at least a portion of their community of license. Technical Streamlining, 13 FCC Rcd at
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- it intends to operate those translators at any time in the future absent authorization to do so. In this regard, we note that continued unauthorized operation may lead to an order to show cause to revoke Peninsula's other Commission licenses. I. BACKGROUND 2. This case involves our eligibility and licensing requirements for FM translators, which appear in 47 C.F.R. § 74.1232(d). Briefly, that subsection provides that authorization for an ``other-area'' or ``non-fill-in'' translator will not be granted to persons interested in or connected with the commercial ``primary FM station.'' These rules became effective on June 1, 1991, with pre-existing translators required to comply no later than June 1, 1994. As the Commission explained in establishing these rules, translators are intended to
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- lies, inasmuch as a notice of apparent liability is not a ``final Commission action,'' which is the predicate for a petition for reconsideration pursuant to 47 C.F.R. 1.106. See Excel Communications, Inc., 11 FCC Rcd 19765, n. 3 (Common Carrier Bureau 1995). We will therefore treat Peninsula's pleading as a ``response'' pursuant to 47 C.F.R. 1.80(f)(3). 4 See 47 C.F.R. 74.1232(d). An ``other-area'' or ``non-fill- in'' translator is one whose coverage contour extends beyond the protected contour of its primary station. See 47 C.F.R. 74.1201(h) and (i). A ``primary'' FM station is the station whose signal a translator retransmits. 47 C.F.R 74.1201(d). 5 See Peninsula Communications, Inc., 13 FCC Rcd 23992 (1998); Peninsula Communications, Inc., 15 FCC Rcd 3293 (2000) (``February
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- operate its FM translators during the pendency of any judicial appeals of the May 2001 MO&O would have perpetuated long-standing rule violations and been inconsistent with the warning in our February 2000 MO&O. We saw no reason to do either. We had given Peninsula ample time to meet the condition imposed in 1997 and come into compliance with 47 C.F.R. 74.1232(d). 11 Peninsula Communications, Inc. v. FCC, Case No. 01-1273 (D.C. Circuit). In pertinent part, the Order requires Peninsula to ``file a status report addressing whether any proceedings on the FCC's order to show cause [concerning the proposed modification of two FM translator licenses for Seward, Alaska] or any other proceedings related to the FCC's May 18, 2001 order remain pending
- http://transition.fcc.gov/eb/Orders/2004/DA-04-2013A1.html
- July 2, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand two hundred ($3,200) to Simmons-SLC, LS, LLC, (``Simmons''), licensee of FM station KJQN in Brigham City, Utah, and translator station K264AC, in rural Utah County, Utah, for willful and repeated violation of Section 74.1232(d) of the Commission's Rules ("Rules").1 The noted violation involved Simmons using station K264AC to extend the 1 mV/m contour of FM station KJQN beyond its authorized contour. 2. On January 6, 2003, the Commission's Denver, Colorado Field Office (``Denver Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") to Simmons in the amount of four thousand dollars ($4,000). 2
- http://transition.fcc.gov/eb/Orders/da00848.doc http://transition.fcc.gov/eb/Orders/da00848.html http://transition.fcc.gov/eb/Orders/da00848.txt
- in the broadcast industry and the six broadcast stations that it operated in Utah, KNFL should be familiar with the Commission's regulations governing broadcast station licenses; KNFL continued to operate the FM translator after being verbally notified that it had no authorization to operate the FM translator; and KNFL's operation of the FM translator would not be permitted by Section 74.1232(e) of the Commission's Rules (``Rules''), which prohibits an FM station from providing financial support to an FM translator that would extend the FM station's protected contour. 6. On August 2, 1999, the Commission received KNFL's response to the NAL, in which KNFL requests cancellation or reduction of the proposed forfeiture. KNFL admits that, until March 16, 1999, it operated an
- http://transition.fcc.gov/eb/Public_Notices/DA-03-1446A1.html
- Local Public Inspection File for Commercial Stations * Community Broadcasting, Inc., Sunrise Beach, MO. $2,500 NAL. Kansas City, MO District Office (3/11/03). 47 C.F.R. Part 74 Experiemental Radio Auxiliary, Special Broadcast and Other Program Distributional Services * 47 C.F.R. 74.532 Licensing Requirements * Broadcast Learning Center, Inc., Cherry Hill, NJ. $4,000 NAL. Philadelphia, PA District Office (1/6/03). * 47 C.F.R. 74.1232 Eligibility and Licensing Requirements * Simmons-SLC, LS, LLC, KJQN, K264AC, Brigham City, UT. $4,000 NAL. Denver, CO District Office (1/6/03). 47 C.F.R. Part 76 Multichannel Video and Cable Television Service * 47 C.F.R. 76.605 Technical Standards * AT&T Broadband, Jacksonville, FL. $8,000 NAL. Other violation: 47 C.F.R. 76.611 (Cable Television Basic Signal Leakage Performance Criteria). Tampa, FL District Office (3/27/03).
- http://transition.fcc.gov/eb/bc-chklsts/EB18FMTR06_2008.pdf
- authorized to rebroadcast the transmissions of any class of station other than an FM broadcast station or another FM translator. Only one input and one output frequency will be assigned to each FM translator. FM Booster stations are authorized to amplify and reradiate signals on the same FM channel as the primary station they are associated with. [See 74.1201(f), 74.1202(a&c), 74.1232(c) and 74.1284(c)] 10. BROADCAST SERVICE: Is this station rebroadcasting an authorized FM station on an authorized FM channel? [See 74.1201, 74.1202, 74.1232 and 74.1284] 3 4 THIS PAGE INTENTIONALLY LEFT BLANK SECTION II: ANTENNA STRUCTURES A. ANTENNA REGISTRATION: Most antenna structures that are higher than 60.96 meters (200 feet) above ground level or that may interfere with the flight path
- http://transition.fcc.gov/fcc-bin/audio/FCC-11-105A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-11-105A1.pdf
- FCC Rcd at 9650: ``[W]e do believe that creating greater demand for future FM translator authorizations by allowing them to be used by AM as well as FM stations could adversely affect opportunities for new LPFM stations. Accordingly, we will limit the rule change being adopted here to currently authorized FM translators.'' This restriction is codified at 47 C.F.R. § 74.1232(d). Petition for Reconsideration by Robert A. Lynch, filed July 28, 2009; Petition for Reconsideration by Edward A. Schober, filed July 28, 2009. We seek comment on modifying the cross-service prohibition with regard to only those applications that remain pending from the 2003 translator window. As noted above, the issue of whether to eliminate the date restriction on cross-service translators is
- http://transition.fcc.gov/fcc-bin/audio/annual-reports-FRC.html
- [ [155]WP5.1 | [156]Text ]. Dispute in court over whether consummation had occurred. December 12, 1996 Letter re KWSA (FM), West Klamath, OR Letter, released December 12, 1996 [ [157]HTML ]. Sale of bare license granted for a silent station. December 13, 1996 K285AK, Cortez, NM Letter, dated December 13, 1996 [ [158]HTML ]. Translator ownership waiver requests (47 CFR 74.1232(d)). September 26, 1996 Letter re KNMX (AM), Las Vegas, NM Letter, dated September 26, 1996 [ [159]HTML ]. Request to impose a condition on the grant of the assignment regarding the outcome of a civil suit is not granted. August 27, 1996 Letter re KIFM, San Diego, CA Letter, dated August 27, 1996 [ [160]HTML | [161]WP5.1 ]. Limited partners'
- http://transition.fcc.gov/fcc-bin/audio/engrser.html
- being fed the signal directly rather than receiving the signal off the air, other issues. Initial Decision, FCC 99D-03, August 16, 1999: [ [1009]WP5.1 | [1010]Text ] Decision, FCC 00-245, released July 20, 2000: [ [1011]Word | [1012]Text ]. February 28, 1997 K292AX, Cortez, NM Letter, dated February 28, 1997 [ [1013]HTML ]. NOTE: Translator ownership waiver denied (47 CFR 74.1232(d)). December 13, 1996 K285AK, Cortez, NM Letter, dated December 13, 1996 [ [1014]HTML ]. NOTE: Translator ownership waiver requests (47 CFR 74.1232(d)). October 23, 1996 K285AE, Olympia, WA Letter, dated October 23, 1996 [ [1015]HTML ]. NOTE: Violation of 74.1232(d): deficiency letter. (47 CFR 74.1232(d)). August 30, 1996 NEW (FM Translator), Nashville, TN Letter, dated August 30, 1996 [ [1016]HTML
- http://transition.fcc.gov/fcc-bin/audio/legalser.html
- [ [155]WP5.1 | [156]Text ]. Dispute in court over whether consummation had occurred. December 12, 1996 Letter re KWSA (FM), West Klamath, OR Letter, released December 12, 1996 [ [157]HTML ]. Sale of bare license granted for a silent station. December 13, 1996 K285AK, Cortez, NM Letter, dated December 13, 1996 [ [158]HTML ]. Translator ownership waiver requests (47 CFR 74.1232(d)). September 26, 1996 Letter re KNMX (AM), Las Vegas, NM Letter, dated September 26, 1996 [ [159]HTML ]. Request to impose a condition on the grant of the assignment regarding the outcome of a civil suit is not granted. August 27, 1996 Letter re KIFM, San Diego, CA Letter, dated August 27, 1996 [ [160]HTML | [161]WP5.1 ]. Limited partners'
- http://transition.fcc.gov/fcc-bin/audio/part74rule.html
- FM Broadcast Booster Stations Subpart L -- FM Broadcast Translator Stations and FM Broadcast Booster Stations [46]TEXT [47]PDF 74.1201 Definitions [48]TEXT [49]PDF 74.1202 Frequency Assignment [50]TEXT [51]PDF 74.1203 Interference [52]TEXT [53]PDF 74.1204 Protection of FM broadcast, FM Translator and LP100 stations [54]TEXT [55]PDF 74.1205 Protection of TV Channel 6 broadcast applications [56]TEXT [57]PDF 74.1231 Purpose and permissible service [58]TEXT [59]PDF 74.1232 Eligibility and licensing requirements [60]TEXT [61]PDF 74.1233 Processing FM translator and booster station applications [62]TEXT [63]PDF 74.1234 Unattended operation [64]TEXT [65]PDF 74.1235 Power limitations and antenna systems [66]TEXT [67]PDF 74.1236 Emission and bandwidth [68]TEXT [69]PDF 74.1237 Antenna location [70]TEXT [71]PDF 74.1250 Transmitters and associated equipment [72]TEXT [73]PDF 74.1251 Technical and equipment modifications [74]TEXT [75]PDF 74.1261 Frequency tolerance [76]TEXT [77]PDF 74.1262
- http://transition.fcc.gov/mb/audio/bickel/part74rule.html
- FM Broadcast Booster Stations Subpart L -- FM Broadcast Translator Stations and FM Broadcast Booster Stations [46]TEXT [47]PDF 74.1201 Definitions [48]TEXT [49]PDF 74.1202 Frequency Assignment [50]TEXT [51]PDF 74.1203 Interference [52]TEXT [53]PDF 74.1204 Protection of FM broadcast, FM Translator and LP100 stations [54]TEXT [55]PDF 74.1205 Protection of TV Channel 6 broadcast applications [56]TEXT [57]PDF 74.1231 Purpose and permissible service [58]TEXT [59]PDF 74.1232 Eligibility and licensing requirements [60]TEXT [61]PDF 74.1233 Processing FM translator and booster station applications [62]TEXT [63]PDF 74.1234 Unattended operation [64]TEXT [65]PDF 74.1235 Power limitations and antenna systems [66]TEXT [67]PDF 74.1236 Emission and bandwidth [68]TEXT [69]PDF 74.1237 Antenna location [70]TEXT [71]PDF 74.1250 Transmitters and associated equipment [72]TEXT [73]PDF 74.1251 Technical and equipment modifications [74]TEXT [75]PDF 74.1261 Frequency tolerance [76]TEXT [77]PDF 74.1262
- http://transition.fcc.gov/mb/audio/decdoc/engrser.html
- being fed the signal directly rather than receiving the signal off the air, other issues. Initial Decision, FCC 99D-03, August 16, 1999: [ [1009]WP5.1 | [1010]Text ] Decision, FCC 00-245, released July 20, 2000: [ [1011]Word | [1012]Text ]. February 28, 1997 K292AX, Cortez, NM Letter, dated February 28, 1997 [ [1013]HTML ]. NOTE: Translator ownership waiver denied (47 CFR 74.1232(d)). December 13, 1996 K285AK, Cortez, NM Letter, dated December 13, 1996 [ [1014]HTML ]. NOTE: Translator ownership waiver requests (47 CFR 74.1232(d)). October 23, 1996 K285AE, Olympia, WA Letter, dated October 23, 1996 [ [1015]HTML ]. NOTE: Violation of 74.1232(d): deficiency letter. (47 CFR 74.1232(d)). August 30, 1996 NEW (FM Translator), Nashville, TN Letter, dated August 30, 1996 [ [1016]HTML
- http://transition.fcc.gov/mb/audio/decdoc/legalser.html
- [ [155]WP5.1 | [156]Text ]. Dispute in court over whether consummation had occurred. December 12, 1996 Letter re KWSA (FM), West Klamath, OR Letter, released December 12, 1996 [ [157]HTML ]. Sale of bare license granted for a silent station. December 13, 1996 K285AK, Cortez, NM Letter, dated December 13, 1996 [ [158]HTML ]. Translator ownership waiver requests (47 CFR 74.1232(d)). September 26, 1996 Letter re KNMX (AM), Las Vegas, NM Letter, dated September 26, 1996 [ [159]HTML ]. Request to impose a condition on the grant of the assignment regarding the outcome of a civil suit is not granted. August 27, 1996 Letter re KIFM, San Diego, CA Letter, dated August 27, 1996 [ [160]HTML | [161]WP5.1 ]. Limited partners'
- 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
- 21, 1998). FM translator stations will also continue to be subject to other existing rules concerning their secondary status. See, e.g., 103 47 C.F.R. § 74.1204(f) (allowing FM broadcasters right to object to proposed translators that would be likely to interfere with reception of a regularly received existing service, even if there is no prohibited contour overlap); 47 C.F.R. § 74.1232(h) (FM translator authorization subject to termination if the circumstances in the community or area served are so altered as to have prohibited grant of the translator application had such circumstances existed at time of filing). See, e.g., Comments of Friendship Broadcasting, LLC at 1; Board of Education of the City of Atlanta, et al. at 6; Bible 104 Broadcasting Network,
- http://wireless.fcc.gov/auctions/25/releases/fc990074.pdf http://wireless.fcc.gov/auctions/25/releases/fc990074.txt http://wireless.fcc.gov/auctions/25/releases/fc990074.wp
- translator services would not be altered by the awarding of construction permits for these services by auction (see 13 FCC Rcd at 15961), and, thus, an auction winner in these services may Federal Communications Commission FCC 99-74 See 47 C.F.R. §§ 73.3572(a); 74.703(b) (rules establishing secondary status of LPTV and television translators); 96 47 C.F.R. §§ 74.1203(a) & (b); 74.1204(f); 74.1232(h) (rules concerning secondary status of FM translators). With regard to the secondary status of LPTV stations only, the Commission has requested comment on a petition for rulemaking proposing a new "Class A" television service for which certain LPTV stations could qualify. See Public Notice, Petition for Rulemaking for "Class A" TV Service (rel. April 21, 1998). See Report and Order,
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- 21, 1998). FM translator stations will also continue to be subject to other existing rules concerning their secondary status. See, e.g., 103 47 C.F.R. § 74.1204(f) (allowing FM broadcasters right to object to proposed translators that would be likely to interfere with reception of a regularly received existing service, even if there is no prohibited contour overlap); 47 C.F.R. § 74.1232(h) (FM translator authorization subject to termination if the circumstances in the community or area served are so altered as to have prohibited grant of the translator application had such circumstances existed at time of filing). See, e.g., Comments of Friendship Broadcasting, LLC at 1; Board of Education of the City of Atlanta, et al. at 6; Bible 104 Broadcasting Network,
- http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
- translator services would not be altered by the awarding of construction permits for these services by auction (see 13 FCC Rcd at 15961), and, thus, an auction winner in these services may Federal Communications Commission FCC 99-74 See 47 C.F.R. §§ 73.3572(a); 74.703(b) (rules establishing secondary status of LPTV and television translators); 96 47 C.F.R. §§ 74.1203(a) & (b); 74.1204(f); 74.1232(h) (rules concerning secondary status of FM translators). With regard to the secondary status of LPTV stations only, the Commission has requested comment on a petition for rulemaking proposing a new "Class A" television service for which certain LPTV stations could qualify. See Public Notice, Petition for Rulemaking for "Class A" TV Service (rel. April 21, 1998). See Report and Order,
- http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
- translator services would not be altered by the awarding of construction permits for these services by auction (see 13 FCC Rcd at 15961), and, thus, an auction winner in these services may Federal Communications Commission FCC 99-74 See 47 C.F.R. §§ 73.3572(a); 74.703(b) (rules establishing secondary status of LPTV and television translators); 96 47 C.F.R. §§ 74.1203(a) & (b); 74.1204(f); 74.1232(h) (rules concerning secondary status of FM translators). With regard to the secondary status of LPTV stations only, the Commission has requested comment on a petition for rulemaking proposing a new "Class A" television service for which certain LPTV stations could qualify. See Public Notice, Petition for Rulemaking for "Class A" TV Service (rel. April 21, 1998). See Report and Order,
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000848.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000848.txt
- in the broadcast industry and the six broadcast stations that it operated in Utah, KNFL should be familiar with the Commission's regulations governing broadcast station licenses; KNFL continued to operate the FM translator after being verbally notified that it had no authorization to operate the FM translator; and KNFL's operation of the FM translator would not be permitted by Section 74.1232(e) of the Commission's Rules (``Rules''), which prohibits an FM station from providing financial support to an FM translator that would extend the FM station's protected contour. 6. On August 2, 1999, the Commission received KNFL's response to the NAL, in which KNFL requests cancellation or reduction of the proposed forfeiture. KNFL admits that, until March 16, 1999, it operated an
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00045.doc
- Kenai/Soldotna, K274AB and K285AA, Kodiak; and K272DG and K285EG, Seward. Specifically, the Commission affirmed the Bureau's determination that Peninsula's ownership of the Alaskan translators was inconsistent with the ownership restrictions of the revised FM translator rules and thus required divestiture, conditioning the renewal of the translator licenses on the consummation of their assignments to an unrelated party. See 47 C.F.R. 74.1232(d) (prohibiting common ownership of an FM translator station and a "primary" commercial FM station, i.e., a station whose signal is retransmitted by a translator, where the translator's coverage contour extends beyond the primary station's protected contour). Peninsula now seeks reconsideration of this decision. Additionally, the Commission denied the request by Peninsula's authorized assignee Coastal Broadcast Communications, Inc. for waiver of
- 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
- See also Broadcast Television National Ownership Rules, MM Docket Nos. 96-222, 91-221, and 87-8, FCC 99-209 (Aug. 6, 1999). NCE radio licensees are able to operate translators more readily than their commercial counterparts because the restriction prohibiting a commercial station from operating a translator that extends the primary station's service area does not apply to NCE licensees. 47 C.F.R. § 74.1232. Unlike commercial stations, NCE FM stations are not required to provide a minimum field strength signal over their community. 47 C.F.R. § 73.315(a), Note a. We have, however, in a separate proceeding, proposed to begin requiring them to provide 60 dBu (1 mV/m) service to at least a portion of their community of license. Technical Streamlining, 13 FCC Rcd at
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00245.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00245.txt
- Mr. Turro's request is whether the licensee of a translator station is permitted to enter into a time brokerage contractual arrangement with its primary station, provided that the primary station does not either reimburse the translator station licensee for the purchase of the brokered time or provide financial support for the translator station's operation. . . . . Under § 74.1232(e), an FM translator station whose coverage contour extends beyond the protected contour of the primary station cannot receive any support, before or after construction, either directly or indirectly, from the primary station. This applies to all persons and entities having any interest or connection with the primary station. With regard to brokerage arrangements between licensees and brokers, such arrangements usually
- http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990212.html http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990212.wp
- the 45 MHz CMRS Spectrum Cap/Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap (WT Docket No. 96-59)/Implementation of Sections 3(n) and 332 of the Communications Act (GN Docket No. 93-252). Reply Comments - US West Wireless, L.L.C. In the Matter of Amendment of Sections 74.1231, 74.1232, 74.1284 of the Commission's Rules (RM 9419). Comments - The National Association of Broadcasters; Statement In Support In Petition - Olmsted County Broadcasting Company, Jerry J. Collins; Comments - Great Scott Broadcasting, Northeast Indiana Broadcasting, Inc.; Statement In Opposition to Petition for Rulemaking - The American Community AM Broadcasters Association; Comments - Pinebrook Foundation, Inc., Broadcast Communications, Inc., Chris W.
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990122.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990122.wp
- broadcast stations, on reserved and non-reserved channels. PN 1/7/99; DA 99-122 Date Extended for Mandatory Electronic Filing of Children's Television Programming Report Extended date that Children's Television Programming Report was due to be filed electronically from January 10 to February 10. Contact: Laura Johnson or Laura Gallo at (202) 418-1600. Order 1/7/99 (adopted 1/7/99); DA 99-115 Amendment of Sections 74.1231, 74.1232, 74.1233, 74.1284 of the Commission's Rules Extended time for filing comments in this proceeding to February 10. WIRELESS TELECOMMUNICATIONS BUREAU CC 95-116; MO&O 9/1/98 (adopted 9/1/98); DA 98-1763 Telephone Number Portability Granted a petition filed by the Cellular Telecommunications Industry Association (CTIA) requesting a nine-month stay of the requirement that all cellular, broadband personal communications service (PCS), and covered specialized
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990129.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990129.wp
- broadcast stations, on reserved and non-reserved channels. PN 1/7/99; DA 99-122 Date Extended for Mandatory Electronic Filing of Children's Television Programming Report Extended date that Children's Television Programming Report was due to be filed electronically from January 10 to February 10. Contact: Laura Johnson or Laura Gallo at (202) 418-1600. Order 1/7/99 (adopted 1/7/99); DA 99-115 Amendment of Sections 74.1231, 74.1232, 74.1233, 74.1284 of the Commission's Rules Extended time for filing comments in this proceeding to February 10. WIRELESS TELECOMMUNICATIONS BUREAU CC 95-116; MO&O 9/1/98 (adopted 9/1/98); DA 98-1763 Telephone Number Portability Granted a petition filed by the Cellular Telecommunications Industry Association (CTIA) requesting a nine-month stay of the requirement that all cellular, broadband personal communications service (PCS), and covered specialized
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990205.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990205.wp
- broadcast stations, on reserved and non-reserved channels. PN 1/7/99; DA 99-122 Date Extended for Mandatory Electronic Filing of Children's Television Programming Report Extended date that Children's Television Programming Report was due to be filed electronically from January 10 to February 10. Contact: Laura Johnson or Laura Gallo at (202) 418-1600. Order 1/7/99 (adopted 1/7/99); DA 99-115 Amendment of Sections 74.1231, 74.1232, 74.1233, 74.1284 of the Commission's Rules Extended time for filing comments in this proceeding to February 10. WIRELESS TELECOMMUNICATIONS BUREAU CC 95-116; MO&O 9/1/98 (adopted 9/1/98); DA 98-1763 Telephone Number Portability Granted a petition filed by the Cellular Telecommunications Industry Association (CTIA) requesting a nine-month stay of the requirement that all cellular, broadband personal communications service (PCS), and covered specialized
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990108.html
- [15]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990120.wp ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- KIDS-TV 6, BIG BEAR LAKE, CA. Issued KIDS-TV 6, licensee of low power Station K06MU(TV) a Notice of Apparent Liability for a forfeiture of $4,000 for unauthorized broadcast of telephone conversations. Action by Chief, Mass Media Bureau. Adopted: January 6, 1999. by Letter. (DA No. 99-112). MMB Internet URL: [16]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da990112.wp AMENDMENT OF SECTIONS 74.1231, 74.1232, 74.1233, 74.1284 OF THE FCC'S RULES. Extended due date for filing comments to February 10, 1999. Action by Chief, Policy and Rules Division, Mass Media Bureau. Adopted: January 7, 1999. by Order. (DA No. 99-115). MMB Internet URL: [17]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da990115.wp ADDENDA: The following items, released January 6, 1999, did not appear in Digest No. 3: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- ---
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd030310.html
- No. 03-38). Action by: Chief, International Bureau. Adopted: 03/10/2003 by ORDER. (DA No. 03-581). IB [96]DA-03-581A1.doc [97]DA-03-581A1.pdf [98]DA-03-581A1.txt PENINSULA COMMUNICATIONS, INC. ORDER TO SHOW CAUSE WHY THE LICENSES FOR TRANSLATOR STATIONS K272DG AND K285EG, SEWARD, ALASKA, SHOULD NOT BE MODIFIED. Denied Peninsula's Protest and Opposition and modified the Seward Translator Stations' licenses to terminate the waivers of Sections 74.1231(b) and 74.1232(d), effective 60 days from release of this Order. Action by: the Commission. Adopted: 03/04/2003 by MO&O. (FCC No. 03-47). MB [99]FCC-03-47A1.doc [100]FCC-03-47A1.pdf [101]FCC-03-47A1.txt AMENDMENT OF PARTS 2, 73, 74, 80, 90, AND 97 OF THE COMMISSION'S RULES TO IMPLEMENT DECISIONS FROM WORLD RADIOCOMMUNICATION CONFERENCES CONCERNING FREQUENCY BANDS BELOW 28000 KHZ. Issued erratum correcting Report and Order, FCC 03-39, released March
- http://www.fcc.gov/Forms/Form303-S/303s.pdf
- station being rebroadcast, written notification must be made to the Commission in accordance with 47 C.F.R. § 74.784 or 74.1251. Item 2(a). Requires an FM Translator, TV Translator and LPTV licensee to certify compliance with this requirement. When the primary station is co-owned, the applicant also should answer "Yes" to this Item. Item 3a. The provisions of 47 C.F.R. § 74.1232(d) provide that an authorization for an "other area" FM translator (i.e., FM translator station whose coverage contour extends beyond the protected contour of the commercial FM primary station) will not be granted to the licensee or permittee of the primary commercial FM radio broadcast station, or to any person or entity having an interest or connection with the primary commercial
- http://www.fcc.gov/Forms/Form345/345.pdf
- the simultaneous or subsequent retransmission of such program or signals for direct reception by the general public. See Sections 74.784(a) and 74.1284(a). Low Power Television Station applicants, as well as FM or TV translator applicants proposing to rebroadcast the signal of stations that they properly own, should mark the box labeled "N/A." J. Item 11: Compliance with 47 C.F.R. Section 74.1232(d). This two-part question relates to the applicant's compliance with the restrictions on FM translator operation adopted by the Commission in MM Docket No. 88-140. In that rule making proceeding, the Commission tightened and/or clarified several technical and operational requirements for FM translator stations after affirming that the proper role for that service was to supplement the service provided by full-service
- http://www.fcc.gov/Forms/Form349/349.pdf
- the applicant's review is required. B. Item 2: Organization of Applicant. This question asks the applicant to specify its organizational structure. If the applicant's structure fits none of the categories of business entities enumerated, the applicant must check the box marked "Other" and attach an exhibit describing in detail its organizational structure. C. Item 3: Compliance with 47 C.F.R. Section 74.1232(d). This two-part question relates to the applicant's compliance with the restrictions on FM translator operation adopted by the Commission in MM Docket No. 88-140. In that rulemaking proceeding, the Commission tightened and/or clarified several technical and operational requirements for FM translator stations after affirming that the proper role for that service was to supplement the service provided by full-service FM
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237641A1.html
- APPARENT LIABILITY FOR FORFEITURE Released: January 6, 2003 By the Acting District Director, Denver Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Simmons-SLC, LS, LLC, ("Simmons") licensee of FM station KJQN in Brigham City, Utah, and translator station K264AC, in rural Utah County, Utah, apparently willfully and repeatedly violated Section 74.1232(d) of the Commission's Rules ("Rules"),1 by using station K264AC to extend the 1 mV/m contour of FM station KJQN beyond its authorized contour. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended,2 that Simmons is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. Station K264AC is licensed
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- it intends to operate those translators at any time in the future absent authorization to do so. In this regard, we note that continued unauthorized operation may lead to an order to show cause to revoke Peninsula's other Commission licenses. I. BACKGROUND 2. This case involves our eligibility and licensing requirements for FM translators, which appear in 47 C.F.R. § 74.1232(d). Briefly, that subsection provides that authorization for an ``other-area'' or ``non-fill-in'' translator will not be granted to persons interested in or connected with the commercial ``primary FM station.'' These rules became effective on June 1, 1991, with pre-existing translators required to comply no later than June 1, 1994. As the Commission explained in establishing these rules, translators are intended to
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- lies, inasmuch as a notice of apparent liability is not a ``final Commission action,'' which is the predicate for a petition for reconsideration pursuant to 47 C.F.R. 1.106. See Excel Communications, Inc., 11 FCC Rcd 19765, n. 3 (Common Carrier Bureau 1995). We will therefore treat Peninsula's pleading as a ``response'' pursuant to 47 C.F.R. 1.80(f)(3). 4 See 47 C.F.R. 74.1232(d). An ``other-area'' or ``non-fill- in'' translator is one whose coverage contour extends beyond the protected contour of its primary station. See 47 C.F.R. 74.1201(h) and (i). A ``primary'' FM station is the station whose signal a translator retransmits. 47 C.F.R 74.1201(d). 5 See Peninsula Communications, Inc., 13 FCC Rcd 23992 (1998); Peninsula Communications, Inc., 15 FCC Rcd 3293 (2000) (``February
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- operate its FM translators during the pendency of any judicial appeals of the May 2001 MO&O would have perpetuated long-standing rule violations and been inconsistent with the warning in our February 2000 MO&O. We saw no reason to do either. We had given Peninsula ample time to meet the condition imposed in 1997 and come into compliance with 47 C.F.R. 74.1232(d). 11 Peninsula Communications, Inc. v. FCC, Case No. 01-1273 (D.C. Circuit). In pertinent part, the Order requires Peninsula to ``file a status report addressing whether any proceedings on the FCC's order to show cause [concerning the proposed modification of two FM translator licenses for Seward, Alaska] or any other proceedings related to the FCC's May 18, 2001 order remain pending
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- July 2, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand two hundred ($3,200) to Simmons-SLC, LS, LLC, (``Simmons''), licensee of FM station KJQN in Brigham City, Utah, and translator station K264AC, in rural Utah County, Utah, for willful and repeated violation of Section 74.1232(d) of the Commission's Rules ("Rules").1 The noted violation involved Simmons using station K264AC to extend the 1 mV/m contour of FM station KJQN beyond its authorized contour. 2. On January 6, 2003, the Commission's Denver, Colorado Field Office (``Denver Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") to Simmons in the amount of four thousand dollars ($4,000). 2
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- in the broadcast industry and the six broadcast stations that it operated in Utah, KNFL should be familiar with the Commission's regulations governing broadcast station licenses; KNFL continued to operate the FM translator after being verbally notified that it had no authorization to operate the FM translator; and KNFL's operation of the FM translator would not be permitted by Section 74.1232(e) of the Commission's Rules (``Rules''), which prohibits an FM station from providing financial support to an FM translator that would extend the FM station's protected contour. 6. On August 2, 1999, the Commission received KNFL's response to the NAL, in which KNFL requests cancellation or reduction of the proposed forfeiture. KNFL admits that, until March 16, 1999, it operated an
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- Local Public Inspection File for Commercial Stations * Community Broadcasting, Inc., Sunrise Beach, MO. $2,500 NAL. Kansas City, MO District Office (3/11/03). 47 C.F.R. Part 74 Experiemental Radio Auxiliary, Special Broadcast and Other Program Distributional Services * 47 C.F.R. 74.532 Licensing Requirements * Broadcast Learning Center, Inc., Cherry Hill, NJ. $4,000 NAL. Philadelphia, PA District Office (1/6/03). * 47 C.F.R. 74.1232 Eligibility and Licensing Requirements * Simmons-SLC, LS, LLC, KJQN, K264AC, Brigham City, UT. $4,000 NAL. Denver, CO District Office (1/6/03). 47 C.F.R. Part 76 Multichannel Video and Cable Television Service * 47 C.F.R. 76.605 Technical Standards * AT&T Broadband, Jacksonville, FL. $8,000 NAL. Other violation: 47 C.F.R. 76.611 (Cable Television Basic Signal Leakage Performance Criteria). Tampa, FL District Office (3/27/03).
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- in the broadcast industry and the six broadcast stations that it operated in Utah, KNFL should be familiar with the Commission's regulations governing broadcast station licenses; KNFL continued to operate the FM translator after being verbally notified that it had no authorization to operate the FM translator; and KNFL's operation of the FM translator would not be permitted by Section 74.1232(e) of the Commission's Rules (``Rules''), which prohibits an FM station from providing financial support to an FM translator that would extend the FM station's protected contour. 6. On August 2, 1999, the Commission received KNFL's response to the NAL, in which KNFL requests cancellation or reduction of the proposed forfeiture. KNFL admits that, until March 16, 1999, it operated an
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- noncommercial educational (``NCE'') FM station KCSM(FM), operating on Channel 216B1 in San Mateo, California. On December 19, 1997, San Mateo filed application BPFT-19971219TC for authority to operate a new non-fill-in translator facility in Concord, California on Channel 216, the same channel as the commonly owned primary station KCSM(FM). By the Staff Decision, the application was dismissed for violation of Section 74.1232(f) of the Commission's rules. Specifically, the Staff Decision concluded that, by proposing a translator station on the same frequency as primary station KCSM(FM), San Mateo was, in effect, applying for an FM booster facility. Pursuant to Section 74.1232(f), FM booster stations will be authorized only to serve areas within the protected contour of the primary station. The Staff Decision dismissed
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- a translator station on the air. In this case, the interference from W284BQ is actual and foreseeable. RPI has failed to properly eliminate such interference. Accordingly, RPI must suspend W284BQ operations immediately. Accordingly, for the reason stated above, Radio Power Inc. IS HEREBY ORDERED TO CEASE OPERATION OF W284BQ IMMEDIATELY. This action is taken pursuant to 47 C.F.R. §§§ 74.1203(e), 74.1232(h), and 0.283. Sincerely, James D. Bradshaw Deputy Chief Audio Division Media Bureau cc: Marnie K. Sarver, Esq. David O'Neil, Esq. FCC Field Office - Detroit 47 C.F.R. § 7403(e) (requiring translator licensee to suspend operations within three minutes of notice from the Commission that W284BQ is causing interference to another broadcast station). Id. at § 74.1203(a)(3) (emphasis added). See, e.g.,
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- we find that the public interest does not compel reconsideration, and that the Petition is subject to dismissal under Section 1.106(p)(3) of the Rules. 6. Second, Lunderville purports to present new evidence, by way of affidavit, in support of his contention that the now-constructed W251BD translator station is receiving support from Mt. Washington, the WVMJ(FM) licensee, in violation of Section 74.1232(e) of the Rules. Again, however, Lunderville fails to meet the requirements for reconsideration. Lunderville, in his undated Affidavit, states that he has heard ``daily'' commercial advertisements for Shaw's other businesses over WVMJ(FM), but does not explain how this fact establishes that Mt. Washington is providing support to W251BD in violation of Section 74.1232(e). Even assuming, arguendo, that Lunderville's statements provided
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- See also Broadcast Television National Ownership Rules, MM Docket Nos. 96-222, 91-221, and 87-8, FCC 99-209 (Aug. 6, 1999). NCE radio licensees are able to operate translators more readily than their commercial counterparts because the restriction prohibiting a commercial station from operating a translator that extends the primary station's service area does not apply to NCE licensees. 47 C.F.R. § 74.1232. Unlike commercial stations, NCE FM stations are not required to provide a minimum field strength signal over their community. 47 C.F.R. § 73.315(a), Note a. We have, however, in a separate proceeding, proposed to begin requiring them to provide 60 dBu (1 mV/m) service to at least a portion of their community of license. Technical Streamlining, 13 FCC Rcd at
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- as a notice of apparent liability is not a ``final Commission action,'' which is the predicate for a petition for reconsideration pursuant to 47 C.F.R. § 1.106. See Excel Communications, Inc., 11 FCC Rcd 19765, n. 3 (Common Carrier Bureau 1995). We will therefore treat Peninsula's pleading as a ``response'' pursuant to 47 C.F.R. § 1.80(f)(3). See 47 C.F.R. § 74.1232(d). An ``other-area'' or ``non-fill-in'' translator is one whose coverage contour extends beyond the protected contour of its primary station. See 47 C.F.R. § 74.1201(h) and (i). A ``primary'' FM station is the station whose signal a translator retransmits. 47 C.F.R § 74.1201(d). See Peninsula Communications, Inc., 13 FCC Rcd 23992 (1998); Peninsula Communications, Inc., 15 FCC Rcd 3293 (2000) (``February
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- its FM translators during the pendency of any judicial appeals of the May 2001 MO&O would have perpetuated long-standing rule violations and been inconsistent with the warning in our February 2000 MO&O. We saw no reason to do either. We had given Peninsula ample time to meet the condition imposed in 1997 and come into compliance with 47 C.F.R. § 74.1232(d). Peninsula Communications, Inc. v. FCC, Case No. 01-1273 (D.C. Circuit). In pertinent part, the Order requires Peninsula to ``file a status report addressing whether any proceedings on the FCC's order to show cause [concerning the proposed modification of two FM translator licenses for Seward, Alaska] or any other proceedings related to the FCC's May 18, 2001 order remain pending before
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- the rates at which commercial messages may be purchased for broadcast on that station. NRI alleged that TBC's ``raison d'etre'' is to profit from the operation of translator stations by selling commercials on those stations. In addition, NRI alleged that the New Seward Station would receive financial support from its primary commercial station, KXBA(FM), Nikiski, Alaska, in violation of Section 74.1232(e) of the Rules. The Media Bureau (the ``Bureau'') dismissed the Petition to Deny the New Seward Station application on January 18, 2005, concluding that NRI had failed to provide evidence of any rule violation. NRI filed a Petition for Reconsideration on February 2, 2005. The Bureau denied the Petitions to Deny the Seward Stations' applications on February 23, 2005, concluding
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- preclusive impacts on protected LPFM channel/point combinations. Applications that conflict with protected channel/point combinations and that are not amended to eliminate all such conflicts will be dismissed. The Fourth Report and Order also modifies certain recently adopted FM translator service rule changes as a result of the enactment of the LCRA. Specifically, it modifies the date restriction contained in Section 74.1232(d) of the Rules to allow pending FM translator applications that are granted to be used as cross-service translators. Summary of Significant Issues Raised by Public Comments in Response to the IRFA None. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply. The RFA directs the Commission to provide a description of and, where
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit 570 FederalCommunicationsCommissionReports ConstructionPermitIssuanceof TranslatorFM Section74.1232(d)(1)oftheRulesdoesnotproscribetheauthorization ofacommercialFMtranslatortothelicenseeoftheprimarystation proposingtoprovideserviceoutsidethatstation's1mV/mcontour andwithinthe1mV/mcontourofanunbuilt,non-operational commercialFMbroadcaststationassignedtoadifferentprincipal community. -Ber-TecB/cing,Inc. BEFORETHE FEDERALCOMMUNICATIONSCOMMISSION WASHINGTON,D.C.20554 InreApplicationof BER-TECBroadcasting,Inc. GoldBeach,Oregon KURYRadio,Inc. GoldBeach,Oregon ForConstructionPermitsforNewFMTranslator Stations MEMORANDUMOPINIONANDORDER FCC85-361 FileNos. BPFT-800909IQ BPFT-800421IC Adopted:July9,1985;Released:July16,1985 BYTHECOMMISSION:COMMISSIONERRIVERANOTPARTICIPATING. 1.TheCommissionhasbeforeitforconsideration:(a)theabove- captionedapplications;(b)twoPetitionstoDenybyJamesN.Hoff,filed November25,1980;(c)staffletters,datedJanuary19,andFebruary24, 1984,denyingthepetitionstodenyandgrantingtheseapplications;(d) PetitionsforReconsiderationbyChambersBroadcasting(Chambers), filedFebruary21,andMarch23,1984;(e)twostafflettersdatedJune6, 1984;denyingthepetitionsforreconsideration;(f)twoApplicationsfor ReviewbyChambers,filedJuly16,1984;(g)anOppositiontoApplication forReviewbyBER-TECBroadcasting,Inc.,(BER-TEC)filedJuly23, 1984;and(h)relatedpleadingsandcorrespondence. 101F.C.C.2d 2.KURYRadio,Inc.(KURYRadio)andBER-TECeachfiledan applicationforanewstation-ownedcommercialFMtranslatortoserve GoldBeach,Oregon,byrebroadcasting,respectively,thesignalsoftheir FMBroadcastStations,KURY(FM),Brookings,Oregon,andKCRE-FM, CrescentCity,California.OnNovember25,1980,JamesN.Hoff(Hoff), whoatthattimehadpendinganapplicationforanewfirstlocal commercialFMbroadcaststationatGoldBeach,Oregon'(FileNo.BPH-800723AH),filedagainsteachtranslatorapplicationapetitiontodeny allegingthatitsproposalviolatedSection74.1232(d)(1)oftheCommission Rules.'Hoff'sFMbroadcaststationapplicationwasgrantedonJanuary 27,1981,andassignedthecallsignKGBR(FM).StationKGBR(FM)still wasnotoperationalonJanuary19,andFebruary24,1984,thedatesof thestaff'sactionsdisposingofHoff'spetitionstodenythesetranslator applications.ThestaffconcludedthattheproscriptioninSection 74.1232(d)(1)oftheRulesdoesnotapplywheretheproposedstation-ownedFMtranslatorisintendedtoprovidereceptionwithinthepredicted 1mV/mcontourofanunbuilt,non-operationalcommercialFMbroadcast station.Thus,uponafindingthatalthoughGoldBeach,Oregonisoutside therespective1mV/mcontoursofStationsKURY(FM)andKCRE-FM,it isnotwithinthe1mV/mcontourofanyoperationalcommercialFM broadcaststation,Hoff'spetitionstodenyweredeniedandthecaptioned translatorapplicationsweregranted. 3.TheconstructionpermitforStationKGBR(FM)wasassignedfrom HofftoChambersonFebruary8,1983.Chamberspetitionedforreconsideration ofthestaff'sactions,allegingthatalthoughStationKGBR(FM) wasnotoperational,thegrantofthesetranslatorapplicationsnevertheless contravenedSection74.1232(d)(1)oftheRules3Reconsiderationwas deniedonthegroundthatChambersneitherpresentedanynewsubstantial
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- 12.Finally,BigIslandarguesthatitsproposalswill provideservicetounservedareas.Wefindthattheareas tobeservedbytheKeauhouandWaikiiboostersare alreadyreceivingservicefromatleastoneauthorized broadcastfacility.Mostoftheareascoveredbythese proposedboostersreceivecoveragefromtwoormore facilities.Therefore,weseenoneedforBigIslandto extenditssignalintotheseparticularareas.andrejectBig Island'sthirdcontentionasabasisforgrantingthe KeauhouandWaikiiboosters. FCC90-426 13.Itisunrefuted,however,thattheboosterproposed forPuueowillprovideafirstservicetoover1,300people. Giventhatfactandtheseverityofthenaturaldisasters thatareknowntooccurinthatarea.wefindsufficient justificationtograntawaiveroftherulestoallowBig Islandtoconstructtheboosterstationproposedfor Puueo,Hawaii.5Ingrantingthiswaiverwerecognizethat theboosterstationwillbeusedinamannerinconsistent withitsestablishedpurpose.Asnoted,boosterstations mayonlybeoperatedwithinaprimaryFMstation's predictedservicearea.Thishelpsassurethatthebooster stationisnotusedbyfullserviceFMstationpermitteesor licenseestoextendtheservicecontouroftheirfullservice stations.Morerecentlywereiteratedourconcerninthis regard.SeeIntheMatterofAmendmentofPart74ofthe Commission'sRulesConcerningFMBoostersStationsand TelevisionBoosterStations,2FCCRcd.4625(1987).We haveconsistentlyheldthatFMboosterstationsmayonly beusedtofillinterrain-shadowedareaswithintheservice contouroftheprimarystationwheretheactualcoverage oftheprimarystationdoesnotconformtoitspredicted coveragearea.However,weareconfrontedinthecaseof thePuueoproposalwithauniquecombinationofcircumstances :recurringnaturaldisasters,asmallgeographically isolatedunservedarea,noforeseeableprospectsfor receivingbroadcastservicefromanyothersource,including anewstand-alonebroadcaststation,andthelackof anyconstraintsontheintroductionofotherbroadcast servicesinnearbyareas,Giventhesefacts,andthelackof viablealternatives,wewillgrantthiswaiverrequest. 14,AlthoughinSirius'sviewitwouldbemoreappropriate forBigIslandtopetitionforRuleMakingtoadd newchannelsfortheunservedareasandthenfileapplications fornewFMstations,grantofthePuueobooster applicationwillnotprecludeapplicationsfornewfull servicefacilitiesinthesamearea,Inthisregard,applications fornewfullserviceFMstationsorformodification ofexistingFMfacilitiesarereviewedwithoutconsideration ofexistingboosterfacilities.Asasecondaryservice, aboosterstationmustgivewaytoanyconflictingfull serviceproposal,BigIslandhasdemonstratedthatthereis acurrentneedforbroadcastserviceinPuueo.Thequestion beforeusiswhethergrantofBigIsland'sproposal forPuueowillservethepublicinterestandwehave foundthistobethecase. 15.Accordingly,forthereasonsstatedherein.theinformal objectionsfiledbySiriusCommunications,Inc.ARE GRANTED,totheextentindicatedaboveandDENIED inallotherrespects:therequestforwaiverofSections 74,1231(h),74.1232(e),74,1235(c)and74.1237(d)ofthe Commission'sRulesfiledbyBigIslandBroadcasting Company,Ltd.,topermittheabove-referencedbooster stationstooperateoutsidethe1mV/mcontourofstation KIPA-FM, IS GRANTEDforapplication BPFTB- 881114TD,Puueo,HawaiiandisDENIEDforapplica- tions BPFTB-881114TC, Keauhou. Hawaii, and BPFTB-881114TEWaikii,Hawaii.Theapplicationfor Puueo,HawaiiISGRANTEDandtheapplicationsfor Keauhou,HawaiiandWaikii,HawaiiAREDISMISSED. FederalCommunicationsCommissionRecord 6FCCRcdNo.2 FEDERALCOMMUNICATIONSCOMMISSION DonnaR.Searcy Secretary FOOTNOTES 1 BigIslandindicatesthatmostofthepopulationoftheisland residesnearthecoastalareas,withthecenteroftheislandbeing essentiallyuninhabited. 2 Noneoftheareastobeservedreceivemorethanfouraural servicesatnight. 3NoticeofInquiry,IntheMatterofAmendmentofPart74of theCommission'sRules.ConcerningFMTranslatorStations,3 FCCRcd3664(1988);NoticeofProposedRulemaking,Inthe MatterofAmendmentofPart74oftheCommission'sRules ConcerningFMTranslatorStations,5FCCRcd.2106(1990); ReportandOrder,FCC90-375, releasedDecember4,1990. 4 Section74.1203(a)oftheCommission'sRules,47CFR 74.1203(a)(1990). sTheIslandofHawaiiiscoveredbyanexistingEmergency BroadcastSystem(EBS)plan.GrantofthePuueoboosterstation willimprovethisplanbyprovidingemergencyinformation toalargernumberofpeople,
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- being fed the signal directly rather than receiving the signal off the air, other issues. Initial Decision, FCC 99D-03, August 16, 1999: [ [1009]WP5.1 | [1010]Text ] Decision, FCC 00-245, released July 20, 2000: [ [1011]Word | [1012]Text ]. February 28, 1997 K292AX, Cortez, NM Letter, dated February 28, 1997 [ [1013]HTML ]. NOTE: Translator ownership waiver denied (47 CFR 74.1232(d)). December 13, 1996 K285AK, Cortez, NM Letter, dated December 13, 1996 [ [1014]HTML ]. NOTE: Translator ownership waiver requests (47 CFR 74.1232(d)). October 23, 1996 K285AE, Olympia, WA Letter, dated October 23, 1996 [ [1015]HTML ]. NOTE: Violation of 74.1232(d): deficiency letter. (47 CFR 74.1232(d)). August 30, 1996 NEW (FM Translator), Nashville, TN Letter, dated August 30, 1996 [ [1016]HTML
- http://www.fcc.gov/mb/audio/decdoc/legalser.html
- [ [155]WP5.1 | [156]Text ]. Dispute in court over whether consummation had occurred. December 12, 1996 Letter re KWSA (FM), West Klamath, OR Letter, released December 12, 1996 [ [157]HTML ]. Sale of bare license granted for a silent station. December 13, 1996 K285AK, Cortez, NM Letter, dated December 13, 1996 [ [158]HTML ]. Translator ownership waiver requests (47 CFR 74.1232(d)). September 26, 1996 Letter re KNMX (AM), Las Vegas, NM Letter, dated September 26, 1996 [ [159]HTML ]. Request to impose a condition on the grant of the assignment regarding the outcome of a civil suit is not granted. August 27, 1996 Letter re KIFM, San Diego, CA Letter, dated August 27, 1996 [ [160]HTML | [161]WP5.1 ]. Limited partners'
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- being fed the signal directly rather than receiving the signal off the air, other issues. Initial Decision, FCC 99D-03, August 16, 1999: [ [963]WP5.1 | [964]Text ] Decision, FCC 00-245, released July 20, 2000: [ [965]Word | [966]Text ]. February 28, 1997 K292AX, Cortez, NM Letter, dated February 28, 1997 [ [967]HTML ]. NOTE: Translator ownership waiver denied (47 CFR 74.1232(d)). December 13, 1996 K285AK, Cortez, NM Letter, dated December 13, 1996 [ [968]HTML ]. NOTE: Translator ownership waiver requests (47 CFR 74.1232(d)). October 23, 1996 K285AE, Olympia, WA Letter, dated October 23, 1996 [ [969]HTML ]. NOTE: Violation of 74.1232(d): deficiency letter. (47 CFR 74.1232(d)). August 30, 1996 NEW (FM Translator), Nashville, TN Letter, dated August 30, 1996 [ [970]HTML
- http://www.fcc.gov/mb/audio/includes/31-legalser.htm
- [ [108]WP5.1 | [109]Text ]. Dispute in court over whether consummation had occurred. December 12, 1996 Letter re KWSA (FM), West Klamath, OR Letter, released December 12, 1996 [ [110]HTML ]. Sale of bare license granted for a silent station. December 13, 1996 K285AK, Cortez, NM Letter, dated December 13, 1996 [ [111]HTML ]. Translator ownership waiver requests (47 CFR 74.1232(d)). September 26, 1996 Letter re KNMX (AM), Las Vegas, NM Letter, dated September 26, 1996 [ [112]HTML ]. Request to impose a condition on the grant of the assignment regarding the outcome of a civil suit is not granted. August 27, 1996 Letter re KIFM, San Diego, CA Letter, dated August 27, 1996 [ [113]HTML | [114]WP5.1 ]. Limited partners'
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- federal district courts for injunctions to enforce orders of the FCC. Peninsula is an Alaskan broadcasting company that owns nine translators as well as the translators' two primary FM sta- tions.2 Until 1990, Peninsula's ownership of both the transla- tors and their primary stations was permitted by FCC licensing rules. In that year, however, the FCC revised 47 C.F.R. § 74.1232(d) to provide that "[a]n authorization for an FM translator whose coverage contour extends beyond the protected contour of the commercial primary station will not be granted to the licensee or permittee of a commercial FM radio broadcast station." 55 Fed. Reg. 50,690, 50,696 (December 10, 1990). The new rule was effective June 1, 1991, with previously licensed translators required to
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- receives the signal of an FM radio broadcast station or another translator and retransmits the signal at another frequency or amplitude. See 47 C.F.R. § 74.1201(a). The Commission has placed various restrictions on translator operation, including a prohibition on ownership of both a commercial FM broadcast station and a translator that extends the broadcast station's service area. See id. § 74.1232(d). In 1997, Commission staff granted license renewal applications that Peninsula had filed for nine translators (two of which are not at issue here), but conditioned the grant on divestiture because all nine were violating the co-ownership restriction of § 74.1232(d). Peninsula did not contest the conditional grant; in fact, it opposed an application for review of the staff decision by