FCC Web Documents citing 73.1015

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

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  • address. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. � 308(b). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532500002 (Enf. Bur., Dallas Office, September 14, 2005) (``NAL''). 47 U.S.C. � 503(b). 47 C.F.R. � 1.80. 47 U.S.C. � 503(b)(2)(D). 47 U.S.C. � 403. 47 U.S.C. � 308(b). See also 47 C.F.R. � 73.1015. 47 C.F.R. � 1.89(b). Section 312(f)(1) of the Act, 47 U.S.C. � 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful,' ... means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or
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  • for violation of Section 72.1216 in a single contest) (forfeiture paid); AMFM Radio Licenses LLC, et al, Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 5005 (2004) (maximum forfeiture imposed for each of multiple indecency rule violations) (forfeiture paid). See 47 U.S.C. � 503(b). See 47 C.F.R. �� 0.111, 0.311 and 1.80. See 47 C.F.R. �� 73.1216, 1.17 and 73.1015. See 47 C.F.R. � 1.1914. For purposes of the forfeiture proceeding initiated by this NAL, Multicultural Radio Broadcasting Licensee, LLC shall be the only party to this proceeding. (continued....) Federal Communications Commission DA 07-4992 Federal Communications Commission DA 07-4992 ' ( v w '' - (R) � � � � � � � h�m h�m h�m h�m � h� h
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  • of his license for the Station and for willfully or repeatedly failing to comply with certain Commission rules. Irrespective of the resolution of the issues set forth above, the Hearing Designation Order specified that there be a determination as to whether a forfeiture should be imposed against Mr. Hammond with respect to the apparent willful and/or repeated violations of Section 73.1015 of the Commission's rules, in an amount not to exceed $325,000; Sections 73.1350(a), 73.1560(b) and (d), and 73.1745(a) of the Commission's rules, in an amount not to exceed $325,000; and Section 11.35(a) of the Commission's rules, in an amount not to exceed $325,000; for any such violations that occurred or continued within the applicable statute of limitations. Pursuant to Section
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  • of Apparent Liability for Forfeiture and Order (``NAL''), we find Opp Educational Broadcasting Foundation (``Opp Ed''), licensee of FM Broadcast Station WJIF (``WJIF'') in Opp, Alabama, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for willfully and repeatedly violating Sections 11.35 and 11.61(a) of the Commission's Rules (``Rules'') and for willfully and repeatedly violating Section 73.1015 of the Rules. The noted violations involve WJIF's failure to maintain operable Emergency Alert System (``EAS'') equipment and failure to conduct required EAS tests and Opp Ed's failure to respond to directives of the Enforcement Bureau's Spectrum Enforcement Division (``Division'') to provide certain information and documents. We also order Opp Ed to respond fully to the Division's Follow-Up Letter of
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  • Inc. ) ) ) ) ) EB-10-IH-1831 NAL/Acct. No. 201032080028 FRN No. 0001529056 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 3, 2010 Released: June 3, 2010 By the Chief, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Fox Television Stations, Inc. (``Fox'') apparently willfully and repeatedly violated a Commission Order and Section 73.1015 of the Commission's Rules, by failing to respond to an Enforcement Bureau (``Bureau'') Letter of Inquiry (``LOI''). We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), that Fox is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). BACKGROUND The Commission's records indicate that the agency has received more
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  • 412 U.S. 94, 124 (1973); Dr. Paul Klite, Letter Decision, 12 Comm. Reg. (P&F) 79, 82 (1998); American Broadcasting Companies, Inc., Memorandum Opinion and Order, 83 FCC 2d 202, 305 (1980); Columbia Broadcasting Sys., Inc., Memorandum Opinion and Order, 51 FCC 2d 273 (1975)). LOI Response at 2. 47 U.S.C. � 403. See 47 U.S.C. � 308(b); 47 C.F.R. � 73.1015. See, e.g., Stahlman v. Fed. Communications Comm'n, 126 F.2d 124, 127 (D.C. Cir. 1942). See Fed. Communications Comm'n v. Schreiber, 381 U.S. 279, 290 (1965); U.S. v. Morton Salt Co., 338 U.S. 632, 652-53 (1950) (an agency will not exceed its investigatory power if its ``inquiry is within the authority of the agency, the demand is not too indefinite and
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  • entered in the ``Percent of interest held'' field and that ``an incorrect figure was inadvertently entered in that field.'' Application for Review at 4. We remind Evangelism that it is required to use due diligence in providing correct and non-misleading information to the Commission, including taking steps to determine the truthfulness of what is being submitted. See 47 C.F.R. �� 73.1015 and 1.17. We caution Evangelism that a failure to submit truthful and accurate statements to the Commission pursuant to Section 73.1015 of the Rules, 47 C.F.R. � 73.1015, could lead to the imposition of a monetary forfeiture pursuant to 47 U.S.C. � 503(b), license revocation pursuant to 47 U.S.C. � 312 and/or criminal sanctions under 18 U.S.C. � 1001. In
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  • by Pridemore against Powley in connection with the Springville application have been resolved. By separate letter issued today, the Bureau found that the allegations failed to raise a substantial and material question of fact regarding Powley's qualifications to hold a license. However, the Bureau found that Powley made a willful material omission in the Springville application in violation of Section 73.1015 of the Commission's rules and determined that the appropriate sanction for the violation was a monetary forfeiture and admonishment. In view of the Bureau's rulings in connection with WDRL-TV and the Springville application, no further action regarding these violations is necessary here, except to the extent that we take into account these prior violations in determining the appropriate forfeiture amount
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  • $8,000 for an unauthorized transfer of control of the nature that occurred at station WDRL-TV. However, we believe that that amount is insufficient, given Mr. Eleazer's similar transgression at station W54BT. See note 2, supra. Accordingly, an upward adjustment of $2,000 to the base monetary amount is warranted. In addition, Danville will be directed to remedy this violation. 6. Section 73.1015 of the Commission's Rules states, in pertinent part, that ``[n]o applicant . . . shall . . . in any application, pleading, or report or any other written statement submitted to the Commission, make any misrepresentation or willful omission bearing on any matter within the jurisdiction of the Commission.'' Misrepresentation involves false statements of fact made with intent to deceive
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  • Station KHWK(FM), Tonopah, NV ) ) ) ) ) ) ) ) ) EB-00-IH-0348 NAL Acct. No. 200132080012 Adopted: May 9, 2001 Released: May 14, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (NAL), we find that Donald W. Kaminski, Jr. (Mr. Kaminski), licensee of KHWK(FM), Tonopah, Nevada, apparently willfully violated section 73.1015 of the Commission's rules by failing to respond to a written Commission inquiry. Based upon the facts and circumstances surrounding this apparent violation, we find that Mr. Kaminski is apparently liable for a forfeiture in the amount of $4,000. II. BACKGROUND On November 9, 2000, we sent a letter of inquiry (LOI) to Mr. Kaminski concerning the ownership and operation
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  • (``MO&O''), which granted the license renewal application of Kansas Public Telecommunications Service, Inc. (``KPTS'' or ``licensee'') for Station KPTS(TV), Hutchinson, Kansas, subject to a Notice of Apparent Liability (``NAL'') for a $5,000 forfeiture; and (ii) the licensee's response to the NAL, which seeks rescission or reduction of the forfeiture. In the MO&O, we found that the licensee had violated Section 73.1015 of the Commission's Rules by willfully omitting material facts in the FCC Form 396 (Broadcast EEO Program Report) filed with its license renewal application on January 29, 1998. In Section VII of the Form 396, which states ``[y]ou must provide here a brief description of any complaint which has been filed before any body having competent jurisdiction under Federal, State,
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  • 2003 Released: August 12, 2003 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Ralph H. Tyler (``Tyler''). The Consent Decree terminates an investigation by the Enforcement Bureau into whether Tyler misrepresented facts to, or lacked candor with, the Commission regarding Station KTSH(FM), violated Sections 1.17 and/or 73.1015 of the Commission's rules and engaged in related misconduct. 2. The Enforcement Bureau and Tyler have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. Based upon the record before us, and in light of Tyler's voluntary surrender
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit CONSENT DECREE I. Introduction The Enforcement Bureau of the Federal Communications Commission and Ralph H. Tyler hereby enter into a Consent Decree resolving conduct by Tyler regarding Station KTSH(FM), Tishomingo, Oklahoma, in violation of Sections 1.17 and/or 73.1015 of the Commission's rules. For 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 of the Bureau adopting the terms and conditions of this Consent Decree; ``Bureau'' means the FCC's Enforcement Bureau; ``Commission'' or ``FCC'' means the Federal Communications
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  • Forfeiture Order, issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules, we impose a monetary forfeiture of Four Thousand Dollars ($4,000.00) on Donald W. Kaminski, Jr., licensee of Station KHWK(FM), Tonopah, Nevada, for his willful failure to respond to a written Commission inquiry in violation of section 73.1015 of the Commission's rules. II. BACKGROUND The Commission, by the Chief, Enforcement Bureau, acting pursuant to delegated authority, issued a Notice of Apparent Liability for Forfeiture (``NAL'') proposing a monetary forfeiture based upon Mr. Kaminski's failure to respond to our inquiry concerning the ownership and operation of Station KHWK(FM), Tonopah, Nevada and a related FM translator, K240BS. The NAL was
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  • KXLA-DT ``[D]oes deliver the minimum required field strength over the entire principal community to be served'' and that ``the amount of obstruction involved is sufficiently small so as not to constitute a `major obstruction,''' we find disingenuous RPVB's claimed belief that the staff, in granting the KXLA-DT application also implicitly waived the applicant's non-compliance with the Commission's rules. 34. Section 73.1015 of the Commission's Rules requires, in pertinent part, that ``[n]o applicant . . . shall . . . in any application, pleading, or report or any other written statement submitted to the Commission, make any misrepresentation or willful omission bearing on any matter within the jurisdiction of the Commission.'' Although RPVB claims that the information was publicly available, as it
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  • See American Family Association, Forfeiture Order, 17 FCC Rcd 18,135 (EB 2002), recon. denied 18 FCC Rcd 2413 (EB 2003). Letter from Patrick J. Vaughn to Marlene Dortch, dated September 5, 2002; see also letter from Patrick J. Vaughn to Marlene Dortch, dated October 1, 2002. See 47 U.S.C. � 403. 47 U.S.C. � 308(b). See also 47 C.F.R. � 73.1015. See 47 U.S.C. � 154(i),(j). See, e.g., SBC Communications, supra note 12; Radio Moultrie, Inc., Order to Show Cause and Notice of Opportunity for Hearing, 17 FCC Rcd 24,304 (2002) (order to show cause to revoke license for, inter alia, failure to respond to Bureau inquiry letters); World Communications Satellite Systems, Inc., Forfeiture Order, 19 FCC Rcd 2718 (EB 2004)
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  • a Bureau inquiry letter); American Family Ass'n, Notice of Apparent Liability For Forfeiture, DA 04-2330 (Enf. Bur. rel July 28, 2004); In re Richard E. LaPierre, Forfeiture Order, 15 FCC Rcd 23525 (Enf. Bur. 2000) ($4,000 forfeiture for repeated failure to respond to written Commission inquiries). See 47 U.S.C. � 403. 47 U.S.C. � 308(b). See also 47 C.F.R. � 73.1015. See 47 U.S.C. � 154(i),(j). See, e.g., supra, note 9; Radio Moultrie, Inc., Order to Show Cause and Notice of Opportunity for Hearing, 17 FCC Rcd 24304 (2002) (order to show cause to revoke license for, inter alia, failure to respond to Bureau inquiry letters. See 47 C.F.R. � 1.80(b)(4) Note (``Guidelines for Assessing Forfeitures, Section I - Base Amounts
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  • requested a waiver of that rule. Response at 2-3. The Bureau was aware of this error, but did not cite the error in the NAL. The erroneous certification can only be viewed as inadvertent in light of AFA's prior filings with the Commission concerning Station KBMP(FM). See 47 U.S.C. � 403. 47 U.S.C. � 308(b). See also 47 C.F.R. � 73.1015. See 47 U.S.C. � 154(i),(j). Response at 2. The Response notes that AFA's letter did include a sentence stating, ``Please contact me if you have further questions regarding AFA's compliance with 47 C.F.R. Section 73.1125 at KBMP-FM, Enterprise, Kansas.'' Letter from Patrick J. Vaughn to David Brown, dated November 21, 2003. However, that is no substitute for providing, for each
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  • for hearing. The OSC specified the following issues: (1) To determine the extent to which KCI, licensee of noncommercial educational FM translator station K216EQ, complied with the FM Translator provisions specified in Sections 74.1231(b), 74.1231(f), 74.1231(g), and 74.1284(b) of the Commission's rules; (2) To determine whether KCI made misrepresentations of fact or was lacking in candor in violation of Section 73.1015 of the Commission's rules with regard to K216EQ's primary station and/or whether K216EQ originated programming; and (3) To determine, based on the evidence adduced pursuant to all of the above, whether KCI is qualified to be and to remain the licensee of K216EQ. The OSC also ordered that the Presiding Judge, notwithstanding the resolution of the designated issues, determine whether
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  • to the Commission, 18 FCC Rcd 4016 (2003). Intentional false certifications may, of course constitute misrepresentations and may result in severe penalties. San Francisco Unified School District, supra (license renewal application designated for evidentiary hearing on false certification issue); Rancho Palos Verdes Broadcasters, Inc., 18 FCC Rcd 5043 (MB 2003) ($20,000 Notice of Apparent Liability issued for violation of Section 73.1015 for false certification that application would result in compliance with rule requiring provision of city grade signal to community of license). Federal Communications Commission Washington, D.C. 20554 November 4, 2005 h_ h_ h_ h_ � ���� ��_ !�2"�D�� ��D FAZH ʳz� 3�L�"� -��ې��A[���`�l �/ nL�8�P����:�w %��(c)�wmcG ?-� �`.���``"M�% �} .��� �;� �w�}��� p��5 5\y'" -��� ����[]�'�.C�FRI"/7*C�8@.V���+�wV�=��P�W�+ ��A ":�{3��)nu���!׊� d�"\��7G�m_�� �K�Ո�"�9�
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  • Nos. EB-02-SJ-0059 Acct. No. 200532080127 FRN 0009672049 Facility ID No. 12712 Adopted: March 10, 2005 Released: March 11, 2005 By the Chief, Enforcement Bureau: The Enforcement Bureau (the ``Bureau'') has been investigating whether Communications Counsel Group, Inc. (``CCG''), licensee of Station WQII(AM), San Juan, Puerto Rico, has violated section 310(d) of the Communications Act of 1934, as amended, and sections 73.1015, 73.3526, 73.3540, and 73.3615 of the Commission's rules, in connection with its operation of the station and responses to letters of inquiry sent by the Bureau. The Bureau and CCG have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the
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  • when so executed, the counterparts, taken together, will constitute a legally binding and enforceable instrument whether executed by telecopy or by original signatures. ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION ________________________________ _______________ David H. Solomon, Chief Date COMMUNICATIONS COUNSEL GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful written statements to Commission inquiries 47 C.F.R. � 73.1015 Failure to accurately and timely complete ownership reports 47 C.F.R. � 73.3615 Unauthorized transfer of control 47 U.S.C. � 310(d); 47 C.F.R. � 73.3540 Failure to make public inspection file available upon request 47 C.F.R. � 73.3526 Table II Payment Schedule Attachment A Compliance Plan To ensure that Station WQII(AM) does not commit Violations in the future, CCG will do
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  • amendments, which ``cured its otherwise flawed applications, thereby . . . enabling the Commission to properly make the public interest determinations required by Section 309 of the Act, but denying further reduction based on its cooperation with the investigation). See Southern California Broadcasting, 6 FCC Rcd at 4388 � 5 (1992) (Commission ``expect[s] nothing less than complete candor under Section 73.1015 of our Rules'' - no downward adjustment assessed). See Main Studio Rule and Local Public Inspection Files, 13 FCC Rcd at 15700 (all licensees have a duty to comply with public inspection file rules). Specifically, the Enforcement Bureau found that the public inspection file lacked the following portions of the issues/programs list: the last two quarters of 2001 and all
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  • Initial Decision, 10 FCC Rcd 12020, 12063 (ALJ 1995). David Ortiz Radio Corp. v. FCC, 941 F.2d 1253, 1260 (D.C. Cir. 1991) (quoting Leflore Broadcasting Co. v. FCC, 636 F.2d 454, 462 (D. C. Cir. 1980). Joseph Bahr, Memorandum Opinion and Order, 10 FCC Rcd 32, 33 (Rev. Bd. 1994). See 47 C.F.R. � 1.17; see also 47 C.F.R. � 73.1015. See Blue Chip Broadcasting Licenses, Ltd., and Radio One of Dayton Licenses, LLC, Letter, 21 FCC Rcd 3444, 3447 (MB 2006) (licensee admonished for its false certification of Section III, Item 3 of renewal form). 47 U.S.C. � 503(b)(1)(B). See also 47 C.F.R. � 1.80(a)(1). 47 U.S.C. � 312(f)(1). See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
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  • address. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. � 308(b). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532500002 (Enf. Bur., Dallas Office, September 14, 2005) (``NAL''). 47 U.S.C. � 503(b). 47 C.F.R. � 1.80. 47 U.S.C. � 503(b)(2)(D). 47 U.S.C. � 403. 47 U.S.C. � 308(b). See also 47 C.F.R. � 73.1015. 47 C.F.R. � 1.89(b). Section 312(f)(1) of the Act, 47 U.S.C. � 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful,' ... means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or
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  • timely fashion with respect to those terms.'' Furthermore, in its ``Supplement'' to its Objection, White Park claims that 50 per cent of the membership assets and voting interest of the Licensee belongs to an entity - EB Hayden, LLC - that was dissolved on August 4, 2000, and this matter was not properly reported to the Commission pursuant to Section 73.1015 of the Rules. As noted above, Section 73.3539(a) of the Rules requires that an application for renewal of license for a broadcast station must be filed four months prior to the expiration date of the station's license. In fact, the staff does follow a processing policy of withholding action on an otherwise grantable initial covering license application when the license
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  • for violation of Section 72.1216 in a single contest) (forfeiture paid); AMFM Radio Licenses LLC, et al, Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 5005 (2004) (maximum forfeiture imposed for each of multiple indecency rule violations) (forfeiture paid). See 47 U.S.C. � 503(b). See 47 C.F.R. �� 0.111, 0.311 and 1.80. See 47 C.F.R. �� 73.1216, 1.17 and 73.1015. See 47 C.F.R. � 1.1914. For purposes of the forfeiture proceeding initiated by this NAL, Multicultural Radio Broadcasting Licensee, LLC shall be the only party to this proceeding. (continued....) Federal Communications Commission DA 07-4992 Federal Communications Commission DA 07-4992 ' ( v w '' - (R) � � � � � � � h�m h�m h�m h�m � h� h
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  • violated section 73.3540 (f)(3)of the Commission's rules in that it was, in effect, a transfer that required prior Commission approval, and as a direct consequence, the March 30, 2006, ownership report is ``in conflict with the facts.'' In this regard, Roach asserts that the Licensee's parent company willfully and knowingly filed untruthful information with the Commission in violation of Sections 73.1015 and 73.3615 (a)(2)(i) of the Rules. In Opposition, the Licensees state that any transfer of Roach's 18.9 percent equity interest in Route 81 did not require the filing of any Commission form because it did not occasion any ``transfer of control'' of Route 81. Moreover, the Licensees contend that Roach exercised a ``put'' option to sell his equity interest in
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  • of his license for the Station and for willfully or repeatedly failing to comply with certain Commission rules. Irrespective of the resolution of the issues set forth above, the Hearing Designation Order specified that there be a determination as to whether a forfeiture should be imposed against Mr. Hammond with respect to the apparent willful and/or repeated violations of Section 73.1015 of the Commission's rules, in an amount not to exceed $325,000; Sections 73.1350(a), 73.1560(b) and (d), and 73.1745(a) of the Commission's rules, in an amount not to exceed $325,000; and Section 11.35(a) of the Commission's rules, in an amount not to exceed $325,000; for any such violations that occurred or continued within the applicable statute of limitations. Pursuant to Section
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  • Act of 1934, as amended (``Act''), under authority delegated to the Chief, Media Bureau, by Section 0.283 of the Commission's Rules, 47 C.F.R. �0.283. As set forth herein, we find and Iglesia admits that it engaged in unauthorized construction and operation of K43AG in violation of Section 73.1745 of the Commission's Rules and made false certifications in violation of Section 73.1015 of the Commission's Rules. On December 22, 2008, Iglesia filed the above-captioned application for a license to cover construction of facilities. That application was granted on January 12, 2009. However, after receiving a complaint that the station was not constructed, on February 12, 2009, we rescinded the grant of the license application and directed the licensee to provide more specific
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  • 1934, as amended (``Act''), under authority delegated to the Chief, Media Bureau, by Section 0.283 of the Commission's Rules, 47 C.F.R. �0.283. As set forth herein, we find and Tuck admits that it engaged in unauthorized construction and operation of K30IK in violation of Section 73.1745 of the Commission's Rules and made false certifications in violation of Sections 1.17 and 73.1015 of the Commission's Rules. By way of background, on June 1, 2004, Tuck sought a minor modification of the station's facilities (BMPTTL-20040601ADC). On January 18, 2005, Tuck tendered the above-captioned application (BLTTL-20050118AKJ) for a license to cover that construction. That application was granted February 16, 2005. Thereafter, on May 17, 2005, we granted Tuck's application (BPTTL-20050506ACL) for a minor change
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  • of Apparent Liability for Forfeiture and Order (``NAL''), we find Opp Educational Broadcasting Foundation (``Opp Ed''), licensee of FM Broadcast Station WJIF (``WJIF'') in Opp, Alabama, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for willfully and repeatedly violating Sections 11.35 and 11.61(a) of the Commission's Rules (``Rules'') and for willfully and repeatedly violating Section 73.1015 of the Rules. The noted violations involve WJIF's failure to maintain operable Emergency Alert System (``EAS'') equipment and failure to conduct required EAS tests and Opp Ed's failure to respond to directives of the Enforcement Bureau's Spectrum Enforcement Division (``Division'') to provide certain information and documents. We also order Opp Ed to respond fully to the Division's Follow-Up Letter of
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  • to operate at variance from its technical facilities during that process. IBLT's allegations that KGAN may have lied to the Commission are simply too vague and unsupported to be actionable. These allegations, like many contained in IBLT's petition, are based on general beliefs and suppositions rather than specific facts that can be proven or disproven in a hearing. Moreover, Section 73.1015 of the Commission's Rules requires, in pertinent part, that ``[n]o applicant . . . shall . . . in any application, pleading, or report or any other written statement submitted to the Commission, make any misrepresentation or willful omission bearing on any matter within the jurisdiction of the Commission.'' We find, based on an examination of IBLT's petition, that there
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  • for the reasons set forth below, that Finger Lakes has failed to raise a substantial and material question of fact calling into question Saga's character or its basic qualifications as a licensee. 7. False Certification. Finger Lakes opposes grant of the Modification Application arguing first that Saga knowingly made three false certifications in the License Application in violation of Section 73.1015 of the Rules and Section 319(c) of the Act. Finger Lakes states that, in the License Application, Saga certified that: (1) ``all terms, conditions, and obligations in the underlying permit have been fully met;'' (2) ``apart from changes already reported, no cause or circumstance has arisen since the grant of the underlying construction permit which would cause any statement or
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  • Inc. ) ) ) ) ) EB-10-IH-1831 NAL/Acct. No. 201032080028 FRN No. 0001529056 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 3, 2010 Released: June 3, 2010 By the Chief, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Fox Television Stations, Inc. (``Fox'') apparently willfully and repeatedly violated a Commission Order and Section 73.1015 of the Commission's Rules, by failing to respond to an Enforcement Bureau (``Bureau'') Letter of Inquiry (``LOI''). We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), that Fox is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). BACKGROUND The Commission's records indicate that the agency has received more
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  • 412 U.S. 94, 124 (1973); Dr. Paul Klite, Letter Decision, 12 Comm. Reg. (P&F) 79, 82 (1998); American Broadcasting Companies, Inc., Memorandum Opinion and Order, 83 FCC 2d 202, 305 (1980); Columbia Broadcasting Sys., Inc., Memorandum Opinion and Order, 51 FCC 2d 273 (1975)). LOI Response at 2. 47 U.S.C. � 403. See 47 U.S.C. � 308(b); 47 C.F.R. � 73.1015. See, e.g., Stahlman v. Fed. Communications Comm'n, 126 F.2d 124, 127 (D.C. Cir. 1942). See Fed. Communications Comm'n v. Schreiber, 381 U.S. 279, 290 (1965); U.S. v. Morton Salt Co., 338 U.S. 632, 652-53 (1950) (an agency will not exceed its investigatory power if its ``inquiry is within the authority of the agency, the demand is not too indefinite and
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  • to South Seas Broadcasting, Inc. (``South Seas'') for (1) willfully and repeatedly violating Section 73.1350 of the Commission's rules (``rules''), by engaging in operation of Station WVUV(AM), Leone, American Samoa (``Station''), at an unauthorized site; (2) willfully and repeatedly violating Section 73.1740 of the rules, by leaving the Station silent without proper authorization; and (3) willfully and repeatedly violating Section 73.1015 of the rules, by failing to respond to Commission communications. background During the last renewal cycle, South Seas timely filed the above-captioned application to renew the Station's license (``Renewal Application''). District Council Assemblies of God in American Samoa (``District Council'') filed a Petition to Deny the Renewal Application. Therein, District Council alleged that South Seas no longer had access to
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  • Dallas Office by September 27, 2004. On September 23, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply has been received by this office. By failing to respond to the Letter of Inquiry, Paulino Bernal is in violation of the following: 47 C.F.R. � 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
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  • Dallas Office by November 9, 2004. On October 29, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply has been received by this office. By failing to respond to the Letter of Inquiry, Paulino Bernal is in violation of the following: 47 C.F.R. � 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
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  • November 10, 2004. On October 29, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply has been received by this office. By failing to respond to the Letter of Inquiry, La Radio Cristiana Network, Inc. is in violation of the following: 47 C.F.R. � 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
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  • Office by November 11, 2004. On October 29, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply has been received by this office. By failing to respond to the Letter of Inquiry, Paulino Bernal Evangelism is in violation of the following: 47 C.F.R. � 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
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  • On November 22, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply to the Letter of Inquiry has been received by this office. By failing to respond to the Letter of Inquiry, Unique Broadcasting, L.L.C. is in violation of the following: 47 C.F.R. � 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
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  • Dallas Office by November 12, 2004. On October 29, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply has been received by this office. By failing to respond to the Letter of Inquiry, Paulino Bernal is in violation of the following: 47 C.F.R. � 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
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  • under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 47 U.S.C. � 403. 47 U.S.C. � 308(b). See also 47 C.F.R. � 73.1015. 47 C.F.R. � 1.89(b). See World Communications Satellite Systems, Inc., 19 FCC Rcd 2718 (Enf. Bur. 2004). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. �1.80. 47 U.S.C. � 503(b)(2)(D). 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 0.314, 1.80. See 47 C.F.R. � 1.1914. (...continued from previous page) (continued....) Federal Communications Commission
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  • Inc., 10 FCC Rcd 8452, 8487 (1995); Fox River Broadcasting, Inc., 93 FCC 2d 127, 129 (1983). Nonetheless, KWMU-FM's omissions of the two complaints in its Form 396 and in response to the Commission staff letter, cannot be ignored. Full and clear disclosure of all material facts is essential to the efficient administration of the Commission's license renewal process. Section 73.1015 of the Commission's Rules, 47 C.F.R. � 73.1015, states in pertinent part that "No applicant ... shall ... in any application, pleading, or report or any other written statement submitted to the Commission, make any ... willful material omission bearing on any matter within the jurisdiction of the Commission." A "willful material omission" need not be accompanied by an intent
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  • statements regarding the relocation of WSTX-FM's transmitter require further exploration in a hearing. Accordingly, we will specify appropriate issues. Failure to respond to Commission correspondence and inquiries. Section 1.89(b) of the Rules requires the recipient of an NOV to respond in writing to that NOV within ten days of receipt or any other time period specified in the NOV. Section 73.1015 of the Rules provides that the Commission ``may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission.'' The NOVs issued on December 8,
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  • on July 30, 2001. Order FCC 01M-22, released July 18, 2001. The issues concern revocation and forfeiture. Issues The issues set in the OSC are the following: A. To determine whether Family Broadcasting, Inc. misrepresented facts to and/or lacked candor with the Commission in its statements regarding the relocation of WSTX-FM's transmitter from its authorized site in violation of Section 73.1015 of the Rules; B. To determine whether Family Broadcasting, Inc. willfully or repeatedly violated ��1.89 and/or 73.1015 of the Rules by failing to respond to official Commission correspondence and inquiries; C. To determine whether Family Broadcasting, Inc. willfully or repeatedly violated ��73.1350(a), 73.1560(a), 73.1560(b) and/or 73.1690(b)(2) of the Rules by operating WSTX(AM) and WSTX-FM at variance from the terms of
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  • the ALJ noted, had not contested the merits of the allegations underlying the issues specified in the Show Cause Order. Its cooperation in responding to the Bureau's request for admission, according to the ALJ, makes a hearing unnecessary to determine whether Family had committed the technical violations alleged in the Show Cause Order, whether it had violated sections 1.89 and 73.1015 by failing to respond to official Commission correspondence and inquiries, and whether it had made material misrepresentations or lacked candor concerning the relocation of the transmitter from the site authorized for WSTX-FM. The ALJ's decisions as to these issues are described below. Operation at variance from the terms of the station licenses. Family conceded that the stations were repeatedly operated
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  • according to their permits. The evidence further shows that KKFO did not have a site after eviction by the City of Coalinga, and that Zawila had motive to misrepresent the station's operational status to avoid loss of its license. Accordingly, we shall specify issues as to whether Zawila and/or the stations' principals violated Section 312(a)(1) of the Act or Section 73.1015 of our Rules and as to whether the KNGS, KAAX, and KAJP construction permits should be canceled, the KZPO license should be revoked, and the KKFO renewal application should be denied. 99. Unauthorized Transfer of Control / Real Party in Interest (KZPE, KZPO): We also find there is a substantial and material question of fact whether Zawila and/or Stevens had
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  • Cf. Berlin Communications, Inc. v. FCC, 626 F.2d 869, 875 (D.C. Cir. 1979) (urging the Commission to refer to the U.S. Attorney for prosecution cases "of the magnitude and as obvious as'' one in which a broadcaster's license was revoked for fraudulent practices). The misrepresentation was limited to the date of the letters, not their content. See 47 C.F.R. � 73.1015 (truthful written statements in response to Commission inquiries). See Edwin L. Edwards, Sr., 16 FCC Rcd 22236, 22248-49 (2001) (monetary forfeiture appropriate when principal temporarily abdicated control, but warning sufficient for misstatement); Knox Broadcasting, Inc., 12 FCC Rcd 3337 (1997) (admonishing permittee for isolated failure in extension application to provide accurate information regarding its finances, zoning, and construction time frame);
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  • the form of a Petition for Reconsideration, which seeks rescission of the forfeiture and reporting conditions; (iii) an Opposition and Comments on Petition for Reconsideration filed by Rainbow-PUSH Coalition (``Rainbow''); (iv) a Reply to Opposition and Comments on Petition for Reconsideration filed by the University; and (v) other pleadings. In the MO&O, we found that the licensee had violated Section 73.1015 of the Commission's Rules in the filing of FCC Form 396 (Broadcast Equal Employment Opportunity Program Report) with its license renewal application. Section VII of the Form 396 that was effective at the time required a brief description of any complaint that had been filed before any body having competent jurisdiction under Federal, State, territorial or local law, alleging unlawful
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  • including this certification, to the Chief Counsel for Advocacy of the SBA. 5 U.S.C. � 605(b). A copy of this certification will also be published in the Federal Register. Id. Authority 23. Authority for this rulemaking is contained in 47 U.S.C. �� 154(i), 154(j), 201(b), and 303(r). V. ORDERING CLAUSES 24. ACCORDINGLY, IT IS ORDERED, That 47 C.F.R. �� 1.17, 73.1015, and 76.939 ARE AMENDED as set forth in the attached Appendix effective upon publication in the Federal Register. 25. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order, including the Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. 26. IT IS
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  • Order, upon the following issues: To determine whether San Francisco Unified School District falsely certified its application with respect to the completeness of the KALW(FM) public inspection file and the effect thereof on its qualifications to be a Commission licensee. To determine whether San Francisco Unified School District made misrepresentations of fact or was lacking in candor and/or violated Section 73.1015 of the Commission's Rules with regard to its certification in the subject license renewal application that it had placed in the KALW(FM) public inspection file at the appropriate times the documentation required by Section 73.3527, and the effect thereof on its qualifications to be a Commission licensee. To determine, in light of the evidence adduced pursuant to the specified issues,
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  • the time of the letter of intent in July 1997 and did not regain control subsequently. Material Omissions 45. High's assertions in the 1997 extension application concerning equipment orders and station construction were truthful. At issue is whether High's failure to disclose its contractual reliance on Cumulus to complete station construction constitutes a "willful material omission" in violation of Section 73.1015. We conclude it does not. 46. A permittee may rely on external technical, financial and legal assistance to construct its authorized station. In fact, the Commission has concluded that a non-permittee/option holder may be "closely involved in the many facets of the funding and construction" of a new station. Nothing in the former extension of permit application required the disclosure
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  • the reallotment action would not prejudice that inquiry. Chisholm Trail filed an Application for Review directed to that Tyler Reconsideration MO&O. 4. Subsequent to the filing of the Application for Review, the Enforcement Bureau and Tyler have entered into a Consent Decree. Pursuant to this Consent Decree, Tyler surrendered the Station KTSH license, stipulated that he violated Sections 1.17 and 73.1015 of the Commission's Rules and requested dismissal of all his applications, pleadings and proposals currently pending before the Commission. Included among the proposals was his proposed reallotment of Channel 259C3 to Tuttle which remains pending due to the filing of the Application for Review. Discussion 5. In view of the fact that the former licensee of Station KTSH specifically withdrew
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  • location specified in a subsequent order upon the following issues: To determine the extent to which KCI, licensee of noncommercial educational FM translator station K216EQ, complied with the FM Translator provisions specified in Sections 74.1231(b), 74.1231(f), 74.1231(g), and 74.1284(b) of the Commission's rules; To determine whether KCI made misrepresentations of fact or was lacking in candor in violation of Section 73.1015 of the Commission's Rules with regard to K216EQ's primary station and/or whether K216EQ originated programming; and To determine, based on the evidence adduced pursuant to all the above, whether KCI is qualified to be and remain the licensee of K216EQ. 10. IT IS FURTHER ORDERED that, in accordance with Section 309(e) of the Communications Act, as amended, the burden of
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  • and WSTX-FM; To determine whether transferee Barbara James-Petersen, in her capacity as general manager from July 1998 until March 2001, willfully or repeatedly operated WSTX(AM) and WSTX-FM at variance from the terms of their licenses; To determine whether transferee Barbara James-Petersen, in her capacity as general manager from July 1998 until March 2001, willfully or repeatedly violated Sections 1.89 and/or 73.1015 of the Rules by failing to respond to official Commission correspondence and inquiries; To determine whether transferee Barbara James-Petersen will operate WSTX(AM) and WSTX-FM independently of any control or influence from transferors Asta and Gerard Luz James; To determine whether transferee Barbara James-Petersen will have sufficient financing and managerial capacity to ensure enclosure within an effective locked fence of WSTX(AM)'s
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-124A1.txt
  • KBKH(FM) substantially at variance with the terms of its authorizations for extended periods of time since he acquired the station, and other violations of the Commission's rules, demonstrate an apparent indifference to the Commission's regulatory authority that is patently inconsistent with his responsibilities as a licensee. Finally, we note Hammond's failure to respond fully to Commission inquiries, contrary to section 73.1015 of the Commission's rules. Hammond's apparent serious violations raise a substantial and material question of fact as to whether the captioned license Renewal Application should be granted and whether his existing license should be revoked. False Certification/Misrepresentation/Lack of Candor. The trait of truthfulness is a key element of character qualifications necessary to operate a broadcast station in the public interest.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06D-01A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06D-01A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06D-01A1.txt
  • Commission specified issues: (1) To determine whether San Francisco Unified School District falsely certified its application with respect to the completeness of the KALW(FM) public inspection file and the effect thereof on its qualifications to be a Commission licensee. (2) To determine whether San Francisco Unified School District made misrepresentations of fact or was lacking in candor and/or violated Section 73.1015 of the Commission's Rules with regard to its certification in the subject license renewal application that it had placed in the KALW(FM) public inspection file at the appropriate times the documentation required by Section 73.3527, and the effect thereof on its qualifications to be a Commission licensee. (3) To determine, in light of the evidence adduced pursuant to the specified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-252A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-252A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-252A1.txt
  • entered in the ``Percent of interest held'' field and that ``an incorrect figure was inadvertently entered in that field.'' Application for Review at 4. We remind Evangelism that it is required to use due diligence in providing correct and non-misleading information to the Commission, including taking steps to determine the truthfulness of what is being submitted. See 47 C.F.R. �� 73.1015 and 1.17. We caution Evangelism that a failure to submit truthful and accurate statements to the Commission pursuant to Section 73.1015 of the Rules, 47 C.F.R. � 73.1015, could lead to the imposition of a monetary forfeiture pursuant to 47 U.S.C. � 503(b), license revocation pursuant to 47 U.S.C. � 312 and/or criminal sanctions under 18 U.S.C. � 1001. In
• http://transition.fcc.gov/eb/Orders/2001/da011192.doc http://transition.fcc.gov/eb/Orders/2001/da011192.html
  • Station KHWK(FM), Tonopah, NV ) ) ) ) ) ) ) ) ) EB-00-IH-0348 NAL Acct. No. 200132080012 Adopted: May 9, 2001 Released: May 14, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (NAL), we find that Donald W. Kaminski, Jr. (Mr. Kaminski), licensee of KHWK(FM), Tonopah, Nevada, apparently willfully violated section 73.1015 of the Commission's rules by failing to respond to a written Commission inquiry. Based upon the facts and circumstances surrounding this apparent violation, we find that Mr. Kaminski is apparently liable for a forfeiture in the amount of $4,000. II. BACKGROUND On November 9, 2000, we sent a letter of inquiry (LOI) to Mr. Kaminski concerning the ownership and operation
• http://transition.fcc.gov/eb/Orders/2001/da012591.html http://transition.fcc.gov/eb/Orders/2001/da012591.pdf
  • IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail - Return Rec eipt Requested, to Cristi Walker, Counsel, Northeast Utilities, 107 Selden Street, Berlin CT 06037. FEDERAL COMMUNICATIONS COMMISSION Charles W. Kelley Chief, Investigations and Hearings Division Enforcement Bureau _________________________ 1 This case involved an apparent violation of Section 73.1015, 47 C.F.R. 73.1015. Section 73.1015 and Section 1.17 contain identical language prohibiting the making of a ``willful material omission'' in an application filed with the Commission. 2 Payment of the forfeiture shall be made by mailing a check or similar instrument, payable to the order of the ``Federal Communications Commission,'' to the Forfeiture Collection Section, Finance Branch, Federal Communications Commission,
• http://transition.fcc.gov/eb/Orders/2001/fcc01044.doc http://transition.fcc.gov/eb/Orders/2001/fcc01044.html
  • statements regarding the relocation of WSTX-FM's transmitter require further exploration in a hearing. Accordingly, we will specify appropriate issues. Failure to respond to Commission correspondence and inquiries. Section 1.89(b) of the Rules requires the recipient of an NOV to respond in writing to that NOV within ten days of receipt or any other time period specified in the NOV. Section 73.1015 of the Rules provides that the Commission ``may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission.'' The NOVs issued on December 8,
• http://transition.fcc.gov/eb/Orders/2003/DA-03-2598A1.html
  • 2003 Released: August 12, 2003 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Ralph H. Tyler (``Tyler''). The Consent Decree terminates an investigation by the Enforcement Bureau into whether Tyler misrepresented facts to, or lacked candor with, the Commission regarding Station KTSH(FM), violated Sections 1.17 and/or 73.1015 of the Commission's rules1 and engaged in related misconduct. 2. The Enforcement Bureau and Tyler have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. Based upon the record before us, and in light of Tyler's voluntary surrender
• http://transition.fcc.gov/eb/Orders/2003/DA-03-2598A2.html
  • not be preserved in the text version. If you need the complete document, download the Microsoft Word or Adobe Acrobat version. ***************************************************************** CONSENT DECREE I. Introduction 1. The Enforcement Bureau of the Federal Communications Commission and Ralph H. Tyler hereby enter into a Consent Decree resolving conduct by Tyler regarding Station KTSH(FM), Tishomingo, Oklahoma, in violation of Sections 1.17 and/or 73.1015 of the Commission's rules.1 2. For purposes of this Consent Decree, the following definitions shall apply: (a) ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.; (b) ``Adopting Order'' means an Order of the Bureau adopting the terms and conditions of this Consent Decree; (c) ``Bureau'' means the FCC's Enforcement Bureau; (d) ``Commission'' or ``FCC''
• http://transition.fcc.gov/eb/Orders/2003/DA-03-3967A1.html
  • Forfeiture Order, issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules,1 we impose a monetary forfeiture of Four Thousand Dollars ($4,000.00) on Donald W. Kaminski, Jr., licensee of Station KHWK(FM), Tonopah, Nevada, for his willful failure to respond to a written Commission inquiry in violation of section 73.1015 of the Commission's rules.2 II. BACKGROUND The Commission, by the Chief, Enforcement Bureau, acting pursuant to delegated authority, issued a Notice of Apparent Liability for Forfeiture (``NAL'') proposing a monetary forfeiture based upon Mr. Kaminski's failure to respond to our inquiry concerning the ownership and operation of Station KHWK(FM), Tonopah, Nevada and a related FM translator, K240BS.3 The NAL was
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2330A1.html
  • See American Family Association, Forfeiture Order, 17 FCC Rcd 18,135 (EB 2002), recon. denied 18 FCC Rcd 2413 (EB 2003). 23 Letter from Patrick J. Vaughn to Marlene Dortch, dated September 5, 2002; see also letter from Patrick J. Vaughn to Marlene Dortch, dated October 1, 2002. 24 See 47 U.S.C. 403. 25 47 U.S.C. 308(b). See also 47 C.F.R. 73.1015. 26 See 47 U.S.C. 154(i),(j). 27 See, e.g., SBC Communications, supra note 12; Radio Moultrie, Inc., Order to Show Cause and Notice of Opportunity for Hearing, 17 FCC Rcd 24,304 (2002) (order to show cause to revoke license for, inter alia, failure to respond to Bureau inquiry letters); World Communications Satellite Systems, Inc., Forfeiture Order, 19 FCC Rcd 2718 (EB
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2981A1.html
  • to a Bureau inquiry letter); American Family Ass'n, Notice of Apparent Liability For Forfeiture, DA 04-2330 (Enf. Bur. rel July 28, 2004); In re Richard E. LaPierre, Forfeiture Order, 15 FCC Rcd 23525 (Enf. Bur. 2000) ($4,000 forfeiture for repeated failure to respond to written Commission inquiries). 10 See 47 U.S.C. 403. 11 47 U.S.C. 308(b). See also 47 C.F.R. 73.1015. 12 See 47 U.S.C. 154(i),(j). 13 See, e.g., supra, note 9; Radio Moultrie, Inc., Order to Show Cause and Notice of Opportunity for Hearing, 17 FCC Rcd 24304 (2002) (order to show cause to revoke license for, inter alia, failure to respond to Bureau inquiry letters. 14 See 47 C.F.R. 1.80(b)(4) Note (``Guidelines for Assessing Forfeitures, Section I - Base
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3516A1.html
  • had requested a waiver of that rule. Response at 2-3. The Bureau was aware of this error, but did not cite the error in the NAL. The erroneous certification can only be viewed as inadvertent in light of AFA's prior filings with the Commission concerning Station KBMP(FM). 17 See 47 U.S.C. 403. 18 47 U.S.C. 308(b). See also 47 C.F.R. 73.1015. 19 See 47 U.S.C. 154(i),(j). 20 Response at 2. The Response notes that AFA's letter did include a sentence stating, ``Please contact me if you have further questions regarding AFA's compliance with 47 C.F.R. Section 73.1125 at KBMP-FM, Enterprise, Kansas.'' Letter from Patrick J. Vaughn to David Brown, dated November 21, 2003. However, that is no substitute for providing, for
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1889A1.html
  • for hearing.5 The OSC specified the following issues: (1) To determine the extent to which KCI, licensee of noncommercial educational FM translator station K216EQ, complied with the FM Translator provisions specified in Sections 74.1231(b), 74.1231(f), 74.1231(g), and 74.1284(b) of the Commission's rules; (2) To determine whether KCI made misrepresentations of fact or was lacking in candor in violation of Section 73.1015 of the Commission's rules with regard to K216EQ's primary station and/or whether K216EQ originated programming; and (3) To determine, based on the evidence adduced pursuant to all of the above, whether KCI is qualified to be and to remain the licensee of K216EQ.6 3. The OSC also ordered that the Presiding Judge, notwithstanding the resolution of the designated issues, determine
• http://transition.fcc.gov/eb/Orders/2005/DA-05-603A1.html
  • of Station WQII(AM), ) San Juan, Puerto Rico ) ORDER Adopted: March 10, 2005 Released: March 11, 2005 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (the ``Bureau'') has been investigating whether Communications Counsel Group, Inc. (``CCG''), licensee of Station WQII(AM), San Juan, Puerto Rico, has violated section 310(d) of the Communications Act of 1934, as amended,1 and sections 73.1015, 73.3526, 73.3540, and 73.3615 of the Commission's rules,2 in connection with its operation of the station and responses to letters of inquiry sent by the Bureau. 2. The Bureau and CCG have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and
• http://transition.fcc.gov/eb/Orders/2005/DA-05-603A2.html
  • in counterparts and/or by telecopy and, when so executed, the counterparts, taken together, will constitute a legally binding and enforceable instrument whether executed by telecopy or by original signatures. ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION ________________________________ _______________ David H. Solomon, Chief Date COMMUNICATIONS COUNSEL GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful 47 C.F.R. 73.1015 written statements to Commission inquiries Failure to accurately and 47 C.F.R. 73.3615 timely complete ownership reports Unauthorized transfer of 47 U.S.C. 310(d); 47 control C.F.R. 73.3540 Failure to make public 47 C.F.R. 73.3526 inspection file available upon request Table II Payment Schedule April 1, 2005 $5,000 May 1, 2005 $2,500 June 1, 2005 $2,500 July 1, 2005 $2,500 August 1,
• http://transition.fcc.gov/eb/Orders/2005/FCC-05D-01A1.html
  • d. To determine whether transferee Barbara James-Petersen, in her capacity as general manager from July 1998 until March 2001, willfully or repeatedly operated WSTX(AM) and WSTX-FM at variance from the terms of their licenses; e. To determine whether transferee Barbara James-Petersen, in her capacity as general manager from July 1998 until March 2001, willfully or repeatedly violated Sections 1.89 and/or 73.1015 of the Rules by failing to respond to official Commission correspondence and inquiries; f. To determine whether transferee Barbara James-Petersen will operate WSTX(AM) and WSTX-FM independently of any control or influence from transferors Asta and Gerard Luz James; g. To determine whether transferee Barbara James-Petersen will have sufficient financing and managerial capacity to ensure enclosure within an effective locked fence
• http://transition.fcc.gov/eb/Orders/2006/DA-06-326A1.html
  • amendments, which ``cured its otherwise flawed applications, thereby . . . enabling the Commission to properly make the public interest determinations required by Section 309 of the Act, but denying further reduction based on its cooperation with the investigation). 24 See Southern California Broadcasting, 6 FCC Rcd at 4388 5 (1992) (Commission ``expect[s] nothing less than complete candor under Section 73.1015 of our Rules'' - no downward adjustment assessed). 25 See Main Studio Rule and Local Public Inspection Files, 13 FCC Rcd at 15700 (all licensees have a duty to comply with public inspection file rules). 26 Specifically, the Enforcement Bureau found that the public inspection file lacked the following portions of the issues/programs list: the last two quarters of 2001
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-124A1.html
  • KBKH(FM) substantially at variance with the terms of its authorizations for extended periods of time since he acquired the station, and other violations of the Commission's rules, demonstrate an apparent indifference to the Commission's regulatory authority that is patently inconsistent with his responsibilities as a licensee. Finally, we note Hammond's failure to respond fully to Commission inquiries, contrary to section 73.1015 of the Commission's rules. Hammond's apparent serious violations raise a substantial and material question of fact as to whether the captioned license Renewal Application should be granted and whether his existing license should be revoked. 14. False Certification/Misrepresentation/Lack of Candor. The trait of truthfulness is a key element of character qualifications necessary to operate a broadcast station in the public
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4133A1.html
  • address. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. S: 308(b). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532500002 (Enf. Bur., Dallas Office, September 14, 2005) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(D). 47 U.S.C. S: 403. 47 U.S.C. S: 308(b). See also 47 C.F.R. S: 73.1015. 47 C.F.R. S: 1.89(b). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term `willful,' ... means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4992A1.html
  • for violation of Section 72.1216 in a single contest) (forfeiture paid); AMFM Radio Licenses LLC, et al, Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 5005 (2004) (maximum forfeiture imposed for each of multiple indecency rule violations) (forfeiture paid). See 47 U.S.C. S: 503(b). See 47 C.F.R. S:S: 0.111, 0.311 and 1.80. See 47 C.F.R. S:S: 73.1216, 1.17 and 73.1015. See 47 C.F.R. S: 1.1914. For purposes of the forfeiture proceeding initiated by this NAL, Multicultural Radio Broadcasting Licensee, LLC shall be the only party to this proceeding. (Continued from previous page) (continued....) Federal Communications Commission DA 07-4992 1 2 Federal Communications Commission DA 07-4992 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4992A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4992A1.doc
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-252A1.html
  • entered in the "Percent of interest held" field and that "an incorrect figure was inadvertently entered in that field." Application for Review at 4. We remind Evangelism that it is required to use due diligence in providing correct and non-misleading information to the Commission, including taking steps to determine the truthfulness of what is being submitted. See 47 C.F.R. S:S: 73.1015 and 1.17. We caution Evangelism that a failure to submit truthful and accurate statements to the Commission pursuant to Section 73.1015 of the Rules, 47 C.F.R. S: 73.1015, could lead to the imposition of a monetary forfeiture pursuant to 47 U.S.C. S: 503(b), license revocation pursuant to 47 U.S.C. S: 312 and/or criminal sanctions under 18 U.S.C. S: 1001. In
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1370A1.html
  • of his license for the Station and for willfully or repeatedly failing to comply with certain Commission rules. Irrespective of the resolution of the issues set forth above, the Hearing Designation Order specified that there be a determination as to whether a forfeiture should be imposed against Mr. Hammond with respect to the apparent willful and/or repeated violations of Section 73.1015 of the Commission's rules, in an amount not to exceed $325,000; Sections 73.1350(a), 73.1560(b) and (d), and 73.1745(a) of the Commission's rules, in an amount not to exceed $325,000; and Section 11.35(a) of the Commission's rules, in an amount not to exceed $325,000; for any such violations that occurred or continued within the applicable statute of limitations. 6. Pursuant to
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1958A1.html
  • of Apparent Liability for Forfeiture and Order ("NAL"), we find Opp Educational Broadcasting Foundation ("Opp Ed"), licensee of FM Broadcast Station WJIF ("WJIF") in Opp, Alabama, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for willfully and repeatedly violating Sections 11.35 and 11.61(a) of the Commission's Rules ("Rules") and for willfully and repeatedly violating Section 73.1015 of the Rules. The noted violations involve WJIF's failure to maintain operable Emergency Alert System ("EAS") equipment and failure to conduct required EAS tests and Opp Ed's failure to respond to directives of the Enforcement Bureau's Spectrum Enforcement Division ("Division") to provide certain information and documents. We also order Opp Ed to respond fully to the Division's Follow-Up Letter of
• http://transition.fcc.gov/eb/Orders/2010/DA-10-995A1.html
  • No. 201032080028 Fox Television Stations, Inc. ) FRN No. 0001529056 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 3, 2010 Released: June 3, 2010 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Fox Television Stations, Inc. ("Fox") apparently willfully and repeatedly violated a Commission Order and Section 73.1015 of the Commission's Rules, by failing to respond to an Enforcement Bureau ("Bureau") Letter of Inquiry ("LOI"). We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the "Act"), that Fox is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). II. BACKGROUND 2. The Commission's records indicate that the agency has
• http://transition.fcc.gov/eb/Orders/2011/DA-11-521A1.html
  • 412 U.S. 94, 124 (1973); Dr. Paul Klite, Letter Decision, 12 Comm. Reg. (P&F) 79, 82 (1998); American Broadcasting Companies, Inc., Memorandum Opinion and Order, 83 FCC 2d 202, 305 (1980); Columbia Broadcasting Sys., Inc., Memorandum Opinion and Order, 51 FCC 2d 273 (1975)). LOI Response at 2. 47 U.S.C. S: 403. See 47 U.S.C. S: 308(b); 47 C.F.R. S: 73.1015. See, e.g., Stahlman v. Fed. Communications Comm'n, 126 F.2d 124, 127 (D.C. Cir. 1942). See Fed. Communications Comm'n v. Schreiber, 381 U.S. 279, 290 (1965); U.S. v. Morton Salt Co., 338 U.S. 632, 652-53 (1950) (an agency will not exceed its investigatory power if its "inquiry is within the authority of the agency, the demand is not too indefinite and
• http://transition.fcc.gov/fcc-bin/audio/DA-07-4510A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-4510A1.pdf
  • timely fashion with respect to those terms.'' Furthermore, in its ``Supplement'' to its Objection, White Park claims that 50 per cent of the membership assets and voting interest of the Licensee belongs to an entity - EB Hayden, LLC - that was dissolved on August 4, 2000, and this matter was not properly reported to the Commission pursuant to Section 73.1015 of the Rules. As noted above, Section 73.3539(a) of the Rules requires that an application for renewal of license for a broadcast station must be filed four months prior to the expiration date of the station's license. In fact, the staff does follow a processing policy of withholding action on an otherwise grantable initial covering license application when the license
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • logs for LPFM stations. [431]TEXT [432]PDF 73.878 Station inspections by FCC; availability to FCC of station logs and records. [ [433]Inspection Fact Sheet ] [434]TEXT [435]PDF 73.879 Signal retransmission. [436]TEXT [437]PDF 73.881 Equal employment opportunities. Subpart H -- Rules Applicable to All Broadcast Stations [438]TEXT [439]PDF 73.1001 Scope. [440]TEXT [441]PDF 73.1010 Cross reference to rules in other parts. [442]TEXT [443]PDF 73.1015 Truthful written statements and responses to Commission inquiries and correspondence. [444]TEXT [445]PDF 73.1020 Station license period. [446]TEXT [447]PDF 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. [448]TEXT [449]PDF 73.1120 Station location. [450]TEXT [451]PDF 73.1125 Station main studio location. [452]TEXT [453]PDF 73.1150 Transferring a station. [454]TEXT [455]PDF 73.1201 Station identification. [456]TEXT [457]PDF 73.1202 Retention of letters received from
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • 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. Section 73.1211-Broadcast of lottery information. Section 73.1212-Sponsorship identification; list retention; related requirements. Section 73.1213-Antenna structure,
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/1998/ag980402.html
  • of the Broadcast Equal Employment Opportunity Rule. 8 MASS MEDIA TITLE: Applications of Sea-Comm, Inc., for Renewal of Licenses for Stations WSFM(FM) and WKXB-FM Southport and Burgaw, North Carolina. SUMMARY: The Commission will determine (1) whether Sea-Comm, Inc., violated the Commission's Equal Employment Opportunity Rule in connection with the operation of Stations WSFM(FM) and WKXB(FM); (2) whether it violated Section 73.1015 of the Rules by willfully omitting material facts; and (3) whether, in light of the foregoing, the renewal applications should be granted. Additional information concerning this meeting may be obtained from Maureen Peratino or David Fiske, Office of Public Affairs, telephone number (202) 418-0500; TTY (202) 418-2555. Copies of materials adopted at this meeting can be purchased from the FCC's
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1996/dd960827.html
  • 9, 1996. by MO&O. (DA No. 96-1286). CSB Internet URL: [1]http://www.fcc.gov/Bureaus/Cable/Orders/1996_TXT/da961286 LIBERAL, KS. Ordered Mario Loredo, permittee for unbuilt Radio Station KZQD(FM), Liberal Kansas, to show cause why the permit for KZQD should not be revoked; issued a Notice of Apparent Liability for willful and repeated violation of Section 310(b) of the Communications Act of 1934, as amended and/or Section 73.1015 of the Commission's rules. Dkt No.: MM- 96-172. Action by the Commission. Adopted: August 15, 1996. by Order. (FCC No. 96-352). MMB ADDENDA: The following items, released August 26, 1996, did not appear in Digest No. 159: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- STATEMENT OF CHAIRMAN REED HUNDT REGARDING NARUC PLAN TO APPEAL JURISDICTIONAL ANALYSIS IN INTERCONNECTION RULEMAKING. Hundt. FCC'S
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd031217.html
  • telecommunications carrier. Action by: Acting Deputy Chief, Policy Division, Consumer & Governmental Affairs Bureau. Adopted: 12/12/2003 by ORDER. (DA No. 03-4003). CGB [145]DA-03-4003A1.doc [146]DA-03-4003A1.pdf [147]DA-03-4003A1.txt DONALD W. KAMINSKI, JR. LICENSEE OF STATION KHWK(FM), TONOPAH, NV. Issued a monetary forfeiture in the amount of $4,000 to Mr. Kaminiski for failure to respond to a written Commission inquiry in violation of section 73.1015 of our rules. Action by: Chief, Enforcement Bureau. Adopted: 12/15/2003 by Forfeiture Order. (DA No. 03-3967). EB [148]DA-03-3967A1.doc [149]DA-03-3967A1.pdf [150]DA-03-3967A1.txt TOWER PROPERTIES OF FLORIDA, INC. Issued a monetary forfeiture in the amount of $8,000 to Tower Properties of Florida, Inc., owner of antenna structure number 1029137 located in Gainesville, FL, for willful and repeated violation of Section 17.50 of the
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090813.html
  • Dismissed Defendant CCI Network Services, Inc. with prejudice. by ORDER DISMISSING DEFENDANT CCI NETWORK SERVICES, INC. Action by: Deputy Chief, Market Disputes Resolution Division, Enforcement Bureau. Adopted: 08/13/2009 by ORDER. (DA No. 09-1803). EB [26]DA-09-1803A1.doc [27]DA-09-1803A1.pdf [28]DA-09-1803A1.txt TUCK PROPERTIES, INC. Issued a $10,000 Notice of Apparent Liability to Station K30IK, Cripple Creek, etc., CO, for the admitted violations of Section 73.1015 of the Commission's Rules. Action by: Deputy Chief, Video Division, Media Bureau by LETTER. (DA No. 09-1802). MB [29]DA-09-1802A1.doc [30]DA-09-1802A1.pdf [31]DA-09-1802A1.txt IGLESIA JESUCRISTO ES MI REFUGIO, INC. Issued a $5,000 Notice of Apparent Liability to Station K43AG, Ridgecrest, CA for the admitted violations of Section 73.1015 of the Commission's Rules. Action by: Deputy Chief, Video Division, Media Bureau by LETTER.
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-253702A1.html
  • Dallas Office by September 27, 2004. On September 23, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply has been received by this office. By failing to respond to the Letter of Inquiry, Paulino Bernal is in violation of the following: 2)a. 47 C.F.R. 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255044A1.html
  • Dallas Office by November 9, 2004. On October 29, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply has been received by this office. By failing to respond to the Letter of Inquiry, Paulino Bernal is in violation of the following: 2)a. 47 C.F.R. 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255045A1.html
  • November 10, 2004. On October 29, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply has been received by this office. By failing to respond to the Letter of Inquiry, La Radio Cristiana Network, Inc. is in violation of the following: 2)a. 47 C.F.R. 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255046A1.html
  • Office by November 11, 2004. On October 29, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply has been received by this office. By failing to respond to the Letter of Inquiry, Paulino Bernal Evangelism is in violation of the following: 2)a. 47 C.F.R. 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255047A1.html
  • On November 22, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply to the Letter of Inquiry has been received by this office. By failing to respond to the Letter of Inquiry, Unique Broadcasting, L.L.C. is in violation of the following: 2)a. 47 C.F.R. 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255240A1.html
  • Dallas Office by November 12, 2004. On October 29, 2004, the return receipt was received by this office verifying delivery of the Letter of Inquiry. As of the date of this notice, no reply has been received by this office. By failing to respond to the Letter of Inquiry, Paulino Bernal is in violation of the following: 2)a. 47 C.F.R. 73.1015: ``The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-261123A1.html
  • are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 5 47 U.S.C. 403. 647 U.S.C. 308(b). See also 47 C.F.R. 73.1015. 747 C.F.R. 1.89(b). 8See World Communications Satellite Systems, Inc., 19 FCC Rcd 2718 (Enf. Bur. 2004). 912 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. 1.80. 1047 U.S.C. 503(b)(2)(D). 1147 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 0.314, 1.80. 12See 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261123A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261123A1.doc
• http://www.fcc.gov/eb/Orders/2001/da011192.doc http://www.fcc.gov/eb/Orders/2001/da011192.html
  • Station KHWK(FM), Tonopah, NV ) ) ) ) ) ) ) ) ) EB-00-IH-0348 NAL Acct. No. 200132080012 Adopted: May 9, 2001 Released: May 14, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (NAL), we find that Donald W. Kaminski, Jr. (Mr. Kaminski), licensee of KHWK(FM), Tonopah, Nevada, apparently willfully violated section 73.1015 of the Commission's rules by failing to respond to a written Commission inquiry. Based upon the facts and circumstances surrounding this apparent violation, we find that Mr. Kaminski is apparently liable for a forfeiture in the amount of $4,000. II. BACKGROUND On November 9, 2000, we sent a letter of inquiry (LOI) to Mr. Kaminski concerning the ownership and operation
• http://www.fcc.gov/eb/Orders/2001/da012591.html http://www.fcc.gov/eb/Orders/2001/da012591.pdf
  • IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail - Return Rec eipt Requested, to Cristi Walker, Counsel, Northeast Utilities, 107 Selden Street, Berlin CT 06037. FEDERAL COMMUNICATIONS COMMISSION Charles W. Kelley Chief, Investigations and Hearings Division Enforcement Bureau _________________________ 1 This case involved an apparent violation of Section 73.1015, 47 C.F.R. 73.1015. Section 73.1015 and Section 1.17 contain identical language prohibiting the making of a ``willful material omission'' in an application filed with the Commission. 2 Payment of the forfeiture shall be made by mailing a check or similar instrument, payable to the order of the ``Federal Communications Commission,'' to the Forfeiture Collection Section, Finance Branch, Federal Communications Commission,
• http://www.fcc.gov/eb/Orders/2001/fcc01044.doc http://www.fcc.gov/eb/Orders/2001/fcc01044.html
  • statements regarding the relocation of WSTX-FM's transmitter require further exploration in a hearing. Accordingly, we will specify appropriate issues. Failure to respond to Commission correspondence and inquiries. Section 1.89(b) of the Rules requires the recipient of an NOV to respond in writing to that NOV within ten days of receipt or any other time period specified in the NOV. Section 73.1015 of the Rules provides that the Commission ``may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission.'' The NOVs issued on December 8,
• http://www.fcc.gov/eb/Orders/2003/DA-03-2598A1.html
  • 2003 Released: August 12, 2003 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Ralph H. Tyler (``Tyler''). The Consent Decree terminates an investigation by the Enforcement Bureau into whether Tyler misrepresented facts to, or lacked candor with, the Commission regarding Station KTSH(FM), violated Sections 1.17 and/or 73.1015 of the Commission's rules1 and engaged in related misconduct. 2. The Enforcement Bureau and Tyler have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. Based upon the record before us, and in light of Tyler's voluntary surrender
• http://www.fcc.gov/eb/Orders/2003/DA-03-2598A2.html
  • not be preserved in the text version. If you need the complete document, download the Microsoft Word or Adobe Acrobat version. ***************************************************************** CONSENT DECREE I. Introduction 1. The Enforcement Bureau of the Federal Communications Commission and Ralph H. Tyler hereby enter into a Consent Decree resolving conduct by Tyler regarding Station KTSH(FM), Tishomingo, Oklahoma, in violation of Sections 1.17 and/or 73.1015 of the Commission's rules.1 2. For purposes of this Consent Decree, the following definitions shall apply: (a) ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.; (b) ``Adopting Order'' means an Order of the Bureau adopting the terms and conditions of this Consent Decree; (c) ``Bureau'' means the FCC's Enforcement Bureau; (d) ``Commission'' or ``FCC''
• http://www.fcc.gov/eb/Orders/2003/DA-03-3967A1.html
  • Forfeiture Order, issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules,1 we impose a monetary forfeiture of Four Thousand Dollars ($4,000.00) on Donald W. Kaminski, Jr., licensee of Station KHWK(FM), Tonopah, Nevada, for his willful failure to respond to a written Commission inquiry in violation of section 73.1015 of the Commission's rules.2 II. BACKGROUND The Commission, by the Chief, Enforcement Bureau, acting pursuant to delegated authority, issued a Notice of Apparent Liability for Forfeiture (``NAL'') proposing a monetary forfeiture based upon Mr. Kaminski's failure to respond to our inquiry concerning the ownership and operation of Station KHWK(FM), Tonopah, Nevada and a related FM translator, K240BS.3 The NAL was
• http://www.fcc.gov/eb/Orders/2004/DA-04-2330A1.html
  • See American Family Association, Forfeiture Order, 17 FCC Rcd 18,135 (EB 2002), recon. denied 18 FCC Rcd 2413 (EB 2003). 23 Letter from Patrick J. Vaughn to Marlene Dortch, dated September 5, 2002; see also letter from Patrick J. Vaughn to Marlene Dortch, dated October 1, 2002. 24 See 47 U.S.C. 403. 25 47 U.S.C. 308(b). See also 47 C.F.R. 73.1015. 26 See 47 U.S.C. 154(i),(j). 27 See, e.g., SBC Communications, supra note 12; Radio Moultrie, Inc., Order to Show Cause and Notice of Opportunity for Hearing, 17 FCC Rcd 24,304 (2002) (order to show cause to revoke license for, inter alia, failure to respond to Bureau inquiry letters); World Communications Satellite Systems, Inc., Forfeiture Order, 19 FCC Rcd 2718 (EB
• http://www.fcc.gov/eb/Orders/2004/DA-04-2981A1.html
  • to a Bureau inquiry letter); American Family Ass'n, Notice of Apparent Liability For Forfeiture, DA 04-2330 (Enf. Bur. rel July 28, 2004); In re Richard E. LaPierre, Forfeiture Order, 15 FCC Rcd 23525 (Enf. Bur. 2000) ($4,000 forfeiture for repeated failure to respond to written Commission inquiries). 10 See 47 U.S.C. 403. 11 47 U.S.C. 308(b). See also 47 C.F.R. 73.1015. 12 See 47 U.S.C. 154(i),(j). 13 See, e.g., supra, note 9; Radio Moultrie, Inc., Order to Show Cause and Notice of Opportunity for Hearing, 17 FCC Rcd 24304 (2002) (order to show cause to revoke license for, inter alia, failure to respond to Bureau inquiry letters. 14 See 47 C.F.R. 1.80(b)(4) Note (``Guidelines for Assessing Forfeitures, Section I - Base
• http://www.fcc.gov/eb/Orders/2004/DA-04-3516A1.html
  • had requested a waiver of that rule. Response at 2-3. The Bureau was aware of this error, but did not cite the error in the NAL. The erroneous certification can only be viewed as inadvertent in light of AFA's prior filings with the Commission concerning Station KBMP(FM). 17 See 47 U.S.C. 403. 18 47 U.S.C. 308(b). See also 47 C.F.R. 73.1015. 19 See 47 U.S.C. 154(i),(j). 20 Response at 2. The Response notes that AFA's letter did include a sentence stating, ``Please contact me if you have further questions regarding AFA's compliance with 47 C.F.R. Section 73.1125 at KBMP-FM, Enterprise, Kansas.'' Letter from Patrick J. Vaughn to David Brown, dated November 21, 2003. However, that is no substitute for providing, for
• http://www.fcc.gov/eb/Orders/2005/DA-05-1889A1.html
  • for hearing.5 The OSC specified the following issues: (1) To determine the extent to which KCI, licensee of noncommercial educational FM translator station K216EQ, complied with the FM Translator provisions specified in Sections 74.1231(b), 74.1231(f), 74.1231(g), and 74.1284(b) of the Commission's rules; (2) To determine whether KCI made misrepresentations of fact or was lacking in candor in violation of Section 73.1015 of the Commission's rules with regard to K216EQ's primary station and/or whether K216EQ originated programming; and (3) To determine, based on the evidence adduced pursuant to all of the above, whether KCI is qualified to be and to remain the licensee of K216EQ.6 3. The OSC also ordered that the Presiding Judge, notwithstanding the resolution of the designated issues, determine
• http://www.fcc.gov/eb/Orders/2005/DA-05-603A1.html
  • of Station WQII(AM), ) San Juan, Puerto Rico ) ORDER Adopted: March 10, 2005 Released: March 11, 2005 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (the ``Bureau'') has been investigating whether Communications Counsel Group, Inc. (``CCG''), licensee of Station WQII(AM), San Juan, Puerto Rico, has violated section 310(d) of the Communications Act of 1934, as amended,1 and sections 73.1015, 73.3526, 73.3540, and 73.3615 of the Commission's rules,2 in connection with its operation of the station and responses to letters of inquiry sent by the Bureau. 2. The Bureau and CCG have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and
• http://www.fcc.gov/eb/Orders/2005/DA-05-603A2.html
  • in counterparts and/or by telecopy and, when so executed, the counterparts, taken together, will constitute a legally binding and enforceable instrument whether executed by telecopy or by original signatures. ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION ________________________________ _______________ David H. Solomon, Chief Date COMMUNICATIONS COUNSEL GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful 47 C.F.R. 73.1015 written statements to Commission inquiries Failure to accurately and 47 C.F.R. 73.3615 timely complete ownership reports Unauthorized transfer of 47 U.S.C. 310(d); 47 control C.F.R. 73.3540 Failure to make public 47 C.F.R. 73.3526 inspection file available upon request Table II Payment Schedule April 1, 2005 $5,000 May 1, 2005 $2,500 June 1, 2005 $2,500 July 1, 2005 $2,500 August 1,
• http://www.fcc.gov/eb/Orders/2005/FCC-05D-01A1.html
  • d. To determine whether transferee Barbara James-Petersen, in her capacity as general manager from July 1998 until March 2001, willfully or repeatedly operated WSTX(AM) and WSTX-FM at variance from the terms of their licenses; e. To determine whether transferee Barbara James-Petersen, in her capacity as general manager from July 1998 until March 2001, willfully or repeatedly violated Sections 1.89 and/or 73.1015 of the Rules by failing to respond to official Commission correspondence and inquiries; f. To determine whether transferee Barbara James-Petersen will operate WSTX(AM) and WSTX-FM independently of any control or influence from transferors Asta and Gerard Luz James; g. To determine whether transferee Barbara James-Petersen will have sufficient financing and managerial capacity to ensure enclosure within an effective locked fence
• http://www.fcc.gov/eb/Orders/2006/DA-06-326A1.html
  • amendments, which ``cured its otherwise flawed applications, thereby . . . enabling the Commission to properly make the public interest determinations required by Section 309 of the Act, but denying further reduction based on its cooperation with the investigation). 24 See Southern California Broadcasting, 6 FCC Rcd at 4388 5 (1992) (Commission ``expect[s] nothing less than complete candor under Section 73.1015 of our Rules'' - no downward adjustment assessed). 25 See Main Studio Rule and Local Public Inspection Files, 13 FCC Rcd at 15700 (all licensees have a duty to comply with public inspection file rules). 26 Specifically, the Enforcement Bureau found that the public inspection file lacked the following portions of the issues/programs list: the last two quarters of 2001
• http://www.fcc.gov/eb/Orders/2006/FCC-06-124A1.html
  • KBKH(FM) substantially at variance with the terms of its authorizations for extended periods of time since he acquired the station, and other violations of the Commission's rules, demonstrate an apparent indifference to the Commission's regulatory authority that is patently inconsistent with his responsibilities as a licensee. Finally, we note Hammond's failure to respond fully to Commission inquiries, contrary to section 73.1015 of the Commission's rules. Hammond's apparent serious violations raise a substantial and material question of fact as to whether the captioned license Renewal Application should be granted and whether his existing license should be revoked. 14. False Certification/Misrepresentation/Lack of Candor. The trait of truthfulness is a key element of character qualifications necessary to operate a broadcast station in the public
• http://www.fcc.gov/eb/Orders/2007/DA-07-4133A1.html
  • address. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. S: 308(b). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532500002 (Enf. Bur., Dallas Office, September 14, 2005) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(D). 47 U.S.C. S: 403. 47 U.S.C. S: 308(b). See also 47 C.F.R. S: 73.1015. 47 C.F.R. S: 1.89(b). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term `willful,' ... means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or
• http://www.fcc.gov/eb/Orders/2007/DA-07-4992A1.html
  • for violation of Section 72.1216 in a single contest) (forfeiture paid); AMFM Radio Licenses LLC, et al, Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 5005 (2004) (maximum forfeiture imposed for each of multiple indecency rule violations) (forfeiture paid). See 47 U.S.C. S: 503(b). See 47 C.F.R. S:S: 0.111, 0.311 and 1.80. See 47 C.F.R. S:S: 73.1216, 1.17 and 73.1015. See 47 C.F.R. S: 1.1914. For purposes of the forfeiture proceeding initiated by this NAL, Multicultural Radio Broadcasting Licensee, LLC shall be the only party to this proceeding. (Continued from previous page) (continued....) Federal Communications Commission DA 07-4992 1 2 Federal Communications Commission DA 07-4992 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4992A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4992A1.doc
• http://www.fcc.gov/eb/Orders/2010/DA-10-995A1.html
  • No. 201032080028 Fox Television Stations, Inc. ) FRN No. 0001529056 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 3, 2010 Released: June 3, 2010 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Fox Television Stations, Inc. ("Fox") apparently willfully and repeatedly violated a Commission Order and Section 73.1015 of the Commission's Rules, by failing to respond to an Enforcement Bureau ("Bureau") Letter of Inquiry ("LOI"). We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the "Act"), that Fox is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). II. BACKGROUND 2. The Commission's records indicate that the agency has
• http://www.fcc.gov/eb/Orders/2011/DA-11-521A1.html
  • 412 U.S. 94, 124 (1973); Dr. Paul Klite, Letter Decision, 12 Comm. Reg. (P&F) 79, 82 (1998); American Broadcasting Companies, Inc., Memorandum Opinion and Order, 83 FCC 2d 202, 305 (1980); Columbia Broadcasting Sys., Inc., Memorandum Opinion and Order, 51 FCC 2d 273 (1975)). LOI Response at 2. 47 U.S.C. S: 403. See 47 U.S.C. S: 308(b); 47 C.F.R. S: 73.1015. See, e.g., Stahlman v. Fed. Communications Comm'n, 126 F.2d 124, 127 (D.C. Cir. 1942). See Fed. Communications Comm'n v. Schreiber, 381 U.S. 279, 290 (1965); U.S. v. Morton Salt Co., 338 U.S. 632, 652-53 (1950) (an agency will not exceed its investigatory power if its "inquiry is within the authority of the agency, the demand is not too indefinite and
• http://www.fcc.gov/fcc-bin/audio/DA-07-3515A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3515A1.pdf
  • Initial Decision, 10 FCC Rcd 12020, 12063 (ALJ 1995). David Ortiz Radio Corp. v. FCC, 941 F.2d 1253, 1260 (D.C. Cir. 1991) (quoting Leflore Broadcasting Co. v. FCC, 636 F.2d 454, 462 (D. C. Cir. 1980). Joseph Bahr, Memorandum Opinion and Order, 10 FCC Rcd 32, 33 (Rev. Bd. 1994). See 47 C.F.R. � 1.17; see also 47 C.F.R. � 73.1015. See Blue Chip Broadcasting Licenses, Ltd., and Radio One of Dayton Licenses, LLC, Letter, 21 FCC Rcd 3444, 3447 (MB 2006) (licensee admonished for its false certification of Section III, Item 3 of renewal form). 47 U.S.C. � 503(b)(1)(B). See also 47 C.F.R. � 1.80(a)(1). 47 U.S.C. � 312(f)(1). See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
• http://www.fcc.gov/fcc-bin/audio/DA-07-4510A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4510A1.pdf
  • timely fashion with respect to those terms.'' Furthermore, in its ``Supplement'' to its Objection, White Park claims that 50 per cent of the membership assets and voting interest of the Licensee belongs to an entity - EB Hayden, LLC - that was dissolved on August 4, 2000, and this matter was not properly reported to the Commission pursuant to Section 73.1015 of the Rules. As noted above, Section 73.3539(a) of the Rules requires that an application for renewal of license for a broadcast station must be filed four months prior to the expiration date of the station's license. In fact, the staff does follow a processing policy of withholding action on an otherwise grantable initial covering license application when the license
• http://www.fcc.gov/fcc-bin/audio/DA-08-16A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-16A1.pdf
  • violated section 73.3540 (f)(3)of the Commission's rules in that it was, in effect, a transfer that required prior Commission approval, and as a direct consequence, the March 30, 2006, ownership report is ``in conflict with the facts.'' In this regard, Roach asserts that the Licensee's parent company willfully and knowingly filed untruthful information with the Commission in violation of Sections 73.1015 and 73.3615 (a)(2)(i) of the Rules. In Opposition, the Licensees state that any transfer of Roach's 18.9 percent equity interest in Route 81 did not require the filing of any Commission form because it did not occasion any ``transfer of control'' of Route 81. Moreover, the Licensees contend that Roach exercised a ``put'' option to sell his equity interest in
• http://www.fcc.gov/fcc-bin/audio/DA-10-702A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-702A1.pdf
  • for the reasons set forth below, that Finger Lakes has failed to raise a substantial and material question of fact calling into question Saga's character or its basic qualifications as a licensee. 7. False Certification. Finger Lakes opposes grant of the Modification Application arguing first that Saga knowingly made three false certifications in the License Application in violation of Section 73.1015 of the Rules and Section 319(c) of the Act. Finger Lakes states that, in the License Application, Saga certified that: (1) ``all terms, conditions, and obligations in the underlying permit have been fully met;'' (2) ``apart from changes already reported, no cause or circumstance has arisen since the grant of the underlying construction permit which would cause any statement or
• http://www.fcc.gov/fcc-bin/audio/DA-12-623A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-623A1.pdf
  • to South Seas Broadcasting, Inc. (``South Seas'') for (1) willfully and repeatedly violating Section 73.1350 of the Commission's rules (``rules''), by engaging in operation of Station WVUV(AM), Leone, American Samoa (``Station''), at an unauthorized site; (2) willfully and repeatedly violating Section 73.1740 of the rules, by leaving the Station silent without proper authorization; and (3) willfully and repeatedly violating Section 73.1015 of the rules, by failing to respond to Commission communications. background During the last renewal cycle, South Seas timely filed the above-captioned application to renew the Station's license (``Renewal Application''). District Council Assemblies of God in American Samoa (``District Council'') filed a Petition to Deny the Renewal Application. Therein, District Council alleged that South Seas no longer had access to
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/let19990323.doc
  • is sent to all of the schools in the corporation in the central administration office until the week before school starts." While we recognize that certain educational broadcast licensees choose to operate their stations on a limited, school-year based schedule, they must nevertheless remain able to respond to Commission correspondence throughout the year, consistent with the specific requirements of Section 73.1015 of the Commission's Rules. While we do not believe that your failure to respond timely to our initial correspondence warrants the imposition of a further sanction, we advise that you take steps to correct the station's practices in this area immediately. �
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • logs for LPFM stations. [431]TEXT [432]PDF 73.878 Station inspections by FCC; availability to FCC of station logs and records. [ [433]Inspection Fact Sheet ] [434]TEXT [435]PDF 73.879 Signal retransmission. [436]TEXT [437]PDF 73.881 Equal employment opportunities. Subpart H -- Rules Applicable to All Broadcast Stations [438]TEXT [439]PDF 73.1001 Scope. [440]TEXT [441]PDF 73.1010 Cross reference to rules in other parts. [442]TEXT [443]PDF 73.1015 Truthful written statements and responses to Commission inquiries and correspondence. [444]TEXT [445]PDF 73.1020 Station license period. [446]TEXT [447]PDF 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. [448]TEXT [449]PDF 73.1120 Station location. [450]TEXT [451]PDF 73.1125 Station main studio location. [452]TEXT [453]PDF 73.1150 Transferring a station. [454]TEXT [455]PDF 73.1201 Station identification. [456]TEXT [457]PDF 73.1202 Retention of letters received from
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • logs for LPFM stations. [384]TEXT [385]PDF 73.878 Station inspections by FCC; availability to FCC of station logs and records. [ [386]Inspection Fact Sheet ] [387]TEXT [388]PDF 73.879 Signal retransmission. [389]TEXT [390]PDF 73.881 Equal employment opportunities. Subpart H -- Rules Applicable to All Broadcast Stations [391]TEXT [392]PDF 73.1001 Scope. [393]TEXT [394]PDF 73.1010 Cross reference to rules in other parts. [395]TEXT [396]PDF 73.1015 Truthful written statements and responses to Commission inquiries and correspondence. [397]TEXT [398]PDF 73.1020 Station license period. [399]TEXT [400]PDF 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. [401]TEXT [402]PDF 73.1120 Station location. [403]TEXT [404]PDF 73.1125 Station main studio location. [405]TEXT [406]PDF 73.1150 Transferring a station. [407]TEXT [408]PDF 73.1201 Station identification. [409]TEXT [410]PDF 73.1202 Retention of letters received from
• http://www.fcc.gov/ogc/documents/opinions/2005/01-1072-020405.pdf
  • omitted material facts-respectively, the Sullivan litigation and Schieszer's EEOC complaint3-but found "no evidence of an intent to deceive that would support a finding of misrepresentation or lack of candor." 16 F.C.C.R. at 1180. The Commission nonetheless made license renewal subject to an NAL of $8,000 "for willfully omitting material facts in its Form 396 in violation of [47 C.F.R. � 73.1015]." 16 F.C.C.R. at 6 4 Section 73.1015 provides that "[t]he Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied" and that "[a]ny such statements of fact are subject to the provisions of [47 C.F.R.] � 1.17." Section 1.17, in