FCC Web Documents citing 73.1350
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- Adopted: March 22, 2007 Released: March 29, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Community Broadcast Group, Inc., (``Community'') licensee of AM Broadcast Radio station KZEY, in Tyler, Texas, for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. II. BACKGROUND On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') conducted an inspection of station KZEY's main studio located
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- 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Simmons-Austin, LS, LLC (``Simmons''), licensee of station KSLG(AM), St. Louis, Missouri. The Consent Decree terminates an investigation by the Bureau into whether Simmons violated Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 73.1350 and 73.1745 of the Commission's Rules (``Rules''). The Bureau and Simmons 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 by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public
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- June 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand, two hundred dollars ($3,200) to Del Rosario Talpa, Inc. (``Del Rosario Talpa''), licensee of AM broadcast station KNCR, in Fortuna, California, for willfully and repeatedly violating Section 73.1350(a) of the Commission's Rules (``Rules''). On December 22, 2006, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Del Rosario Talpa for operating station KNCR at an unauthorized location. In this Order, we consider Del Rosario Talpa's arguments that its violation was actually of Section 73.1680 of the
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- A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA in Vega Baja, Puerto Rico, of the Forfeiture Order issued November 3, 2006. The Forfeiture Order imposed a monetary forfeiture in the amount of $15,000 on A Radio for the willful violation of Sections 73.49 and 73.3526 of the Rules and the willful and repeated violation of Section 73.1350(a) of the Rules. The noted violations involved A Radio's failure to enclose an antenna tower having radio frequency potential at the base within an effective locked fence, its failure to make available a complete public inspection file, and its failure to operate its station in accordance with the terms of its station authorization. II. BACKGROUND On August 25, 2005, in
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- 200732920001 FRN: 0003780053 FORFEITURE ORDER Adopted: September 7, 2007 Released: September 11, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to Larson-Wynn, Inc. (``Larson-Wynn''), licensee of broadcast station KODL(AM), in The Dalles, Oregon, for willfully and repeatedly violating Section 73.1350(a) of the Commission's Rules (``Rules''). On February 21, 2007, the Enforcement Bureau's Portland Resident Agent Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Larson-Wynn for operating station KODL(AM) at an unauthorized location. In this Order, we consider Larson-Wynn's argument that the forfeiture amount should be cancelled because of Larson-Wynn's good faith efforts
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- as Perreira Broadcasting. The agent also observed that the antenna structure registration numbers for the two AM towers, as well as any high voltage or radiofrequency radiation warning signs, had also been removed with the fencing. 47 C.F.R. § 73.49. Within the NAL, the San Francisco Office also issued a Notice of Violation (``NOV'') to Pereira for violation of Section 73.1350(a) of the Rules which states that each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules and in accordance with the terms of the station license., 47 C.F.R. § 73.1350(a). Specifically, Section 73.1745(a) of the Rules states that no broadcast station shall operate at times or with modes or power,
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- Order (``Order''), we dismiss the Petition for Reconsideration filed by Community Broadcast Group, Inc., (``Community'') licensee of AM Broadcast Radio station KZEY, in Tyler, Texas. Community seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. For the reasons provided below, we dismiss Community's petition for reconsideration as untimely. BACKGROUND On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement
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- licensee of station WIQR(AM), in Prattville, Alabama, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Star Power's failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain and make available a complete public inspection file. We also admonish Star Power for its repeated violation of Section 73.1350(a) of the Rules. II. BACKGROUND On August 30, 2007, agents of the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') conducted an inspection of the AM directional station, WIQR, in Prattville, Alabama during normal business hours with the station's general manager. The agents found that the station's EAS encoder/decoder unit was not operational, because it was unplugged from a
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- DC 20036. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. §§ 73.44(b), 73.49. We also find that Black Crow willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Rules. Black Crow made a payment of $12,000 for these violations, and are not at issue in this Forfeiture Order. See 47 C.F.R. § 73.1350(d) (if not in compliance with the technical rules or the station authorization, and the condition is not listed in Section 73.1350(e) of the Rules, broadcast operation must be terminated within three hours). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700018 (Enf. Bur., Tampa Office, September 24, 2008) (``NAL''). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. §
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- 14, 2008 By the Associate Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA in Vega Baja, Puerto Rico. The Consent Decree terminates an investigation by the Bureau against A Radio for possible violations of Sections 73.49, 73.1350(a), and 73.3526 of the Commission's Rules (``Rules'') regarding antenna tower fencing and public inspection file requirements and operating with an unauthorized antenna pattern. The Bureau and A Radio have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent
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- 0010301059 FORFEITURE ORDER Adopted: April 24, 2008 Released: April 28, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) to Frank Rackley, Jr., licensee of station WNBN-AM, in Meridian, Mississippi, for willful and repeated violation of Sections 73.1350(a) and 73.1745(a) of the Commission's Rules (``Rules''). The noted violations involve Mr. Rackley's operation of the station from an unauthorized location and operation at a power level in excess of that authorized by the license. II. BACKGROUND On December 7, 2007, the Commission's New Orleans Office of the Enforcement Bureau (``New Orleans Office'') received a complaint concerning station WNBN-AM. The
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- in the amount of twenty-five thousand dollars ($25,000) to Minority Business & Housing Development, Inc. (``MBHD''), licensee of FM radio station WYGG in Asbury Park, New Jersey, for willfully and repeatedly violating Section 1.1310 of the Commission's Rules (``Rules), by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. BACKGROUND rized location. The antenna was mounted at a height of 43.9 meters AGL, which exceeded its authorized antenna height by 29.9 meters. After identifying the station's location, the agent then entered
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- 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 1.91(c) and Section 1.221(c) of the Commission's rules, the Hearing Designation Order ordered
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- violated Section 11.35(a) of the Rules by failing to ensure that EAS equipment was installed and operational when the station was in operation. Section 73.1400(a)(1)(ii) of the Rules states that if a remote control system of the transmission system is used, the ``remote control system must provide sufficient transmission system monitoring and control capability so as to ensure compliance with §73.1350.'' On January 26, 2010, the installed transmitter dial-up remote control system at the WCLM transmitter site was inoperative. According to the station manager and ``technical representative'', the transmitter remote control unit was ``hit by lightning'' sometime in November 2009 and had not subsequently been repaired or replaced. Therefore, we find that World Media apparently willfully and repeatedly violated Section 73.1400(a)(1)(ii)
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- FORFEITURE AND ORDER Adopted: March 8, 2011 Released: March 8, 2011 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Ace of Hearts Disc Jockey Service, Inc. (``Ace of Hearts''), licensee of translator station W277AN, in Cape Canaveral, Florida, apparently willfully and repeatedly violated sections 73.1350 and 74.1235(e) of the Commission's rules (``Rules'') by: (1) operating overpower; and (2) utilizing an unauthorized transmitting antenna system. We conclude that Ace of Hearts is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). BACKGROUND Station W277AN is authorized to operate with a transmitter output power of 0.061 kW (61 watts). When operating with a
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- A Radio. Based on our review of the facts and circumstances of this case, we conclude that A Radio is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). BACKGROUND On May 12, 2008, the Bureau adopted an Order and Consent Decree that terminated a Bureau investigation of possible violations by A Radio of sections 73.49, 73.1350(a), and 73.3526 of the Commission's rules (``Rules'') regarding antenna tower fencing, public inspection file requirements, and operating with an unauthorized antenna pattern. Among other terms in the Order and Consent Decree, A Radio agreed to make a voluntary contribution to the U.S. Treasury in the amount of eight thousand dollars ($8,000) by June 14, 2008. A Radio also agreed to
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- and receiving equipment are installed and operational so that the EAS monitoring and transmitting functions are available when a station is in operation. Section 73.1400(a)(1)(ii) of the Rules states that if a remote control system of the transmission system is used, the ``remote control system must provide sufficient transmission system monitoring and control capability so as to ensure compliance with §73.1350.'' Section 73.3526(a)(2) of the Rules states that ``[e]very permittee or licensee of an AM, FM, TV or a Class A station in the commercial broadcast services shall maintain a public inspection file containing the material'' set forth in this section. The public inspection file must be maintained at the main studio of the station, and must be available for public
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- 19, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Entertainment Media Trust, Dennis J. Watkins, Trustee (``Entertainment Media Trust'' or ``the Licensee''), licensee of AM Station KZQZ, in St. Louis, MO and AM Station KQQZ, in DeSoto, MO, apparently willfully violated section 73.1350 of the Commission's Rules (``Rules'') by failing to operate Station KZQZ in accordance with the terms of its station authorization. We also find that the Licensee apparently willfully and repeatedly violated sections 73.1590 and 73.3526 of the Rules by failing to conduct required annual equipment performance measurements for Station KZQZ and failing to maintain and make available complete public inspection
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- LIABILITY FOR FORFEITURE AND ORDER Adopted: February 28, 2012 Released: February 28, 2012 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Super W Media Group, Inc. (Super W), licensee of Station WIPC, in Lake Wales, Florida, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's rules (Rules), by failing to operate its station in accordance with the terms of its station authorization. We conclude that Super W is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000). We further direct Super W to submit a written statement, signed under penalty of perjury, stating whether Station WIPC is
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- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: March 7, 2012 Released: March 8, 2012 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Hoosier Public Radio Corporation (Hoosier), licensee of Non-Commercial Educational Station WRFM-FM, in Wilkinson, Indiana (Station), apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's rules (Rules), by failing to maintain and operate its broadcast station in accordance with the terms of the Station's authorization. We conclude that Hoosier is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). We also direct Hoosier to submit a report, signed under penalty of perjury, regarding the status of the Station's
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- 2012 Released: April 23, 2012 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Ace of Hearts Disc Jockey Service, Inc. (Ace), licensee of translator station W277AN (Station), in Cape Canaveral, Florida, for willful and repeated violation of Sections 73.1350 and 74.1235(e) of the Commission's rules (Rules). The noted violations involved Ace operating its Station with unauthorized antenna equipment and with more than authorized power. In addition to the monetary forfeiture, we direct Ace to submit no later than thirty (30) calendar days from the date of this Order a statement signed under penalty of perjury that it is operating
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- FORFEITURE Adopted: May 17, 2012 Released: May 18, 2012 By the District Director, Denver Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (NAL), we find that Mt. Rushmore Broadcasting, Inc. (Mount Rushmore), licensee of Stations KZMX(AM) and KZMX-FM (Stations), in Hot Springs, South Dakota, apparently willfully and repeatedly violated Sections 73.1125(a), 73.1125(e), 73.1225(a), and 73.1350(a) of the Commission's rules (Rules), by failing to maintain a management or staff presence at the Stations' main studio, by failing to maintain a local telephone number in its community of license or a toll-free number for either station, by failing to make the Stations available for inspection, and by failing to operate Station KZMX-FM in accordance with the terms
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- June 6, 2012 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of three thousand five hundred dollars ($3,500) to Super W Media Group, Inc. (Super W or the Licensee), licensee of Station WIPC, in Lake Wales, Florida, for willful and repeated violation of Section 73.1350(a) of the Commission's rules (Rules). The noted violations involved Super W's failure to operate its Station in accordance with the terms of its station authorization. II. BACKGROUND On February 28, 2012, the Enforcement Bureau's Tampa Office (Tampa Office) issued a Notice of Apparent Liability for Forfeiture and Order (NAL) to Super W for its failure to change power/operating mode at
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- tower lighting status should be monitored at a minimum. Determining proper (daytime/nighttime) mode changes at directional AM sta tions also was suggested, as were readings (such as antenna relative phases and amplitudes) necessary to ensure proper antenna operation. The question was raised as to whether transmitter frequency should be included in the list of important operating parameters. Amendments to Sections 73.1350 and 73.1580 were proposed to state which param eters should be monitored and how the monitoring equip ment should be calibrated and maintained. 28 Notice, paragraphs 25-31. 29 See comments of KIOW (p. 4) which suggested 7-10 min utes. SBA (p. 6) which suggested "at least three minutes," Wagner (p. 5) who suggested "five or ten minutes," Centner (p. 3)
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- (``Order''), we deny a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on March 9, 2000. That Memorandum Opinion and Order denied Joy's petition for reconsideration of the Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involve Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. Reconsideration is appropriate only
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- FL District Office (9/15/00). Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. § 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. § 11.35 -
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- Power), 73.1230 (Posting of Station License), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File For Noncommercial Broadcast Stations). Boston, MA District Office (10/10/00). Pollack Broadcasting Company, Cordova, TN. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Monitoring Requirements), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (10/10/00). University of New Hampshire, WUNH, Durham, NH. Other violations: 47 CFR §§ 11.61 (Tests for EAS Procedures), 73.1870 (Chief Operators) and 73.3527 (Local Public Inspection File for Noncommercial Educational Broadcast Stations). Boston, MA District Office
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- violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 17.4 (Posting of Antenna Structure Registration), 73.1820 (Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File of Commercial Stations). Detroit, MI District Office (11/24/00). Stepchild Radio of Cincinnati, Inc., Cincinnati, OH. Other violations: 47 C.F.R. §§ 73.267 (Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances) 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation), 73.1820 (Station Log), 73.1870 (Chief Opeator), 73.3527 (Local Public Inspection File for Noncommercial Educational Stations) and Terms of the Station Authorization. Detroit, MI District Office (11/24/00). RJ's Late Night Entertain. Corp., Highland Park, MI. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and
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- ) NAL/Acct. No. 915TP0004 Radio Station WJTF-FM ) Panama City, Florida ) MEMORANDUM OPINION AND ORDER Adopted: March 8, 2000 Released: March 9, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we reaffirm a monetary forfeiture of $3,000 issued by the former Compliance and Information Bureau to Joy Public Broadcasting Corporation (``Joy'') for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Rules. Respectively, these sections require that broadcast stations make periodic calibrations of the station's monitoring equipment, make equipment performance measurements upon the initial installation of a new transmitter, and designate the station's chief operator in writing and post a copy of the designation with the station license. The Notice of Apparent Liability (``NAL'') in this
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- and Order, we deny a Petition for Reconsideration filed on March 25, 1999, by Hoosier Broadcasting Corporation (``Hoosier''), licensee of FM Station WIRE, Lebanon, Indiana (formerly WWRE). Hoosier seeks reconsideration of a Forfeiture Order, in which the former Compliance and Information Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of $4,000 for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules''). The noted violation involves operation at an antenna height that exceeded the station's authorization. For the reasons discussed below, we affirm the $4,000 monetary forfeiture. II. BACKGROUND 2. On May 5, 1998, agents from the FCC's Chicago, Illinois Field Office (``Field Office''), acting in response to an interference complaint from FM Station WEDM, Indianapolis, Indiana,
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- the resident agent of the Commission's Portland Field Office conducted an inspection of the captioned stations. The inspection disclosed numerous violations of the rules, including: those noted above; failure to make appropriate entries in station records concerning EAS required weekly and monthly tests (47 C.F.R. § 11.61(b)); reliance on an inoperable telephone dial-up remote control for KHSN(AM) (47 C.F.R. § 73.1350(c)); and failure to post antenna registration numbers at the towers for KACW(FM) and KBBR(AM) (47 C.F.R. § 17.4). Following issuance of a Notice of Violation (``NOV'') on April 21, 1999, and review of the licensee's response, the Portland Field Office, on August 24, 1999, issued a Notice of Apparent Liability (``NAL'') to Bay, which proposed a forfeiture of $19,000. The
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- to Notice of Violation Northeast Passage Corporation, Forked River, NJ. $7,000 NAL. Other violation: 47 C.F.R. § 17.4(a) (Antenna Structure Registration). Philadelphia PA District Office (3/20/01). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.35 - Equipment Operations Readiness Radio One Licenses Inc., Lanham, MD. $22,000 NAL. Other violations: 47 C.F.R. §§ 73.1125 (Station Main Studio Location), 73.1350 (Transmission System Operations), 73.1800 (General Requirements Related to the Station Log), and 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (3/8/01). 47 C.F.R. Part 17 - Antenna Structure Construction, Marking, and Lighting of Antenna Structures 47 C.F.R. § 17.4 - Antenna Structure Registration 47 C.F.R. § 17.4(a) - Registration Mitchell Communications, Inc., Lynchburg, VA. $3,000 NAL.
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- - EAS Operating Handbook Missouri Valley College, Marshall, MO. Other violation: 47 C.F.R. § 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (12/6/00). KYOO Communications, Bolivar, MO. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (12/8/00). KASA Radio Hogar, Inc. (KDAP Douglas, AZ). Other violations: 47 C.F.R. §§ 73.44 (AM Transmission System Emission Limitations), 73.54 (Antenna Resistance and Reactance Measurements), 73.
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- ) EB-00-KC-194 (FM) Station KYOO-FM ) Bolivar, Missouri 65613 ) NAL/Acct. No. 20013256-001 FORFEITURE ORDER Adopted: April 27, 2001 Released: May 1, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against KYOO Communications (``KYOO'') for willful violations of Sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Commission's Rules (``Rules''). The noted violations involve KYOO's failure to maintain an operational Emergency Alert System (``EAS'') combined with its failure to log the outage of the EAS equipment, failure to clean and repaint its antenna tower as often as necessary to maintain good visibility, failure to monitor and control its transmitter, and failure to maintain
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- (4/20/01). 47 C.F.R. § 1.948 - Assignment of Authorization or Transfer of Control, Notification of Consummation Greenville Broadcasting Company, Greenville, Pennsylvania. Philadelphia, PA District Office (4/12/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. § 11.15 - EAS Operating Handbook Aura Broadcasting Corp., Hatillo, PR. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1820 (Station Log), and 73.1870 (Chief Operator). San Juan, PR Resident Agent Office (4/3/01). Twin Eagle Communications, Poplar Bluff, MO. 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 73.1125 (Station Main Studio Location), 73.1350 (Transmission System Operation), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (4/19/01). 47 C.F.R. §
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- 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) against KASA Radio Hogar, Inc. (``KASA Radio''), licensee of radio station KDAP(AM), for willful violation of the following sections of the Commission's Rules ("Rules"): 73.54(d) (failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection); 73.1350(c)(1) (failure to have the proper monitoring equipment installed at the duty operator position); 73.1590(a)(6) (failure to conduct annual equipment performance measurements); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On November 17, 2000, the FCC's San Diego Field Office ("San Diego Office") conducted an inspection of radio station KDAP(AM) in Douglas, Arizona, after it received information
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- Services, Oroville, CA. Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). San Francisco, CA District Office (5/4/01). Atlantic City Board of Education, Atlantic City, NJ, (WAJM-FM). Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Stations). Philadelphia, PA District Office (5/11/01). Sunflower Cablevision, Lawrence, KS. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 76.305 (Records to be Maintained Locally by Cable System Operators for Public Inspection) and 76.605 (Technical Standards). Kansas
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- & Eubank Communications, Inc., WDKN(AM), Dickson, TN. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 73.51 (Determining Operating Power), 73.1230 (Posting of Station License), and 73.1400 (Transmission System Monitoring). Atlanta, GA District Office (6/18/01). Wilson Broadcasting Co., Inc., WAGF(AM), Dothan, AL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring), 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation) and 73.1820 (Station Log). Atlanta, GA District Office (6/18/01). Christian Broadcasting Group, Ceiba, PR. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection
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- grant a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on September 1, 2000. This is the third petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In the instant petition
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- a monetary forfeiture in the amount of twenty-one thousand five hundred dollars ($21,500) against Radio One Licenses, Inc. (``Radio One''), licensee of WBOT(AM), for willful violation of the following Sections of the Commission's Rules (``Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On March 14, 2000, the Commission's Boston Field Office (``Boston Office'') conducted an inspection of radio station WBOT(AM) in Boston, Massachusetts, after it received information indicating that
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- Bureau, found that Arnold had willfully violated several sections of the Commission's Rules ("Rules"): Sections 11.35(a) (failure to install and maintain operable Emergency Alert System ("EAS") equipment); 11.61 (failure to conduct EAS tests and activations or maintain logs of tests or activations); 17.4(g) (failure to post the antenna structure registration number at the base of the antenna tower); 73.1870 and 73.1350(b) (failure to designate and post the designation of a chief operator for the station); 73.1870(c)(3) (failure to have a chief operator review the station's records weekly and verify in the station log that KNEC operated in accordance with the Rules and its authorization); and 73.1225(c) and 73.1820(a) (failure to make the station's equipment performance measurements, written designation of chief operator,
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- ASR# 103090, Kopperston, WV. Other violation: 47 C.F.R. § 17.4(g) (Posting of Antenna Structure Registration Numbers). Columbia, MD District Office (7/11/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. § 11.15 - EAS Operating Handbook John H. Wiggins, WJHW(FM), Bainbridge, GA. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 73.1213 ( Antenna Structure Marking and Lighting), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1820 (Station Log) and 73.1870 (Chief Operator). Atlanta, GA District Office (7/3/01). Lovett Broadcasting Enterprises, Inc., WGRA(AM), Cairo, GA. Other violations: 47 C.F.R. §§ 17.4(g) (Posting of Antenna Structure Registration Number) and 17.50 (Cleaning and Repainting). Atlanta, GA District Office (7/3/01) CSN International, Gillette, WY, (KLWD-FM, Facility ID #84184). Denver, CO
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- U.S.C. § 503(b). 6 47 U.S.C. § 503(b)(2)(D). The referenced Notices of Violation were issued for the following Enforcement Bureau file numbers: EB-01-TP-020 (for violation of Section 17.51(a) of the Rules); EB-00-CF-572 (for violation of Section 17.57 of the Rules); EB-01-PA-031 (for violation of Section 73.1201(a) of the Rules); EB-99-CF-165 (for violation of Sections 11.35(a), 11.61(a), 17.50, 73.1870(a), 73.54(d) and 73.1350(c)(1) of the Rules); EB-99-CF-166 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1350(c)(1) and 73.1870(a) of the Rules); EB-99-CF-167 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1225(b), 73.1350(c)(1), 73.1870(a) and 73.62(a) of the Rules); EB-99-CF-171 (for violation of Section 11.61(a) of the Rules); and EB-99-CF-172 (for violation of Section 11.61(a) of the Rules). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C.
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- filed by KASA Radio Hogar, Inc. (``KASA Radio''), licensee of radio station KDAP(AM). On June 7, 2001, the Enforcement Bureau issued a Forfeiture Order assessing a $15,000 forfeiture against KASA Radio for willful violation of the following sections of the Commission's Rules (``Rules''): 73.54(d) (failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection); 73.1350(c)(1) (failure to have the proper monitoring equipment installed at the duty operator position); 73.1590(a)(6) (failure to conduct annual equipment performance measurements); and 73.3526(a)(2) (failure to maintain a public inspection file). In the Forfeiture Order, the Bureau rejected KASA Radio's inability to pay claim because KASA Radio submitted financial information only for KDAP(AM), not for the licensee, KASA Radio. 2. On
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- stations install EAS encoders, EAS decoders and attention signal generating and receiving equipment so that the monitoring and transmitting functions are available during the times the stations are in operation. Section 73.1400(a)(1)(ii) of the Rules requires that the remote control system at the main studio provide sufficient transmission system monitoring and control capability so as to ensure compliance with Section 73.1350 of the Rules. Section 73.1800(a) of the Rules requires that licensees of all broadcast stations maintain a station log. Rego acknowledges that it did not have operational EAS equipment from July 2000, when it took control of the station, until April 14, 2001. Section 11.35(b) of the Rules provides temporary authority to operate for 60 days pending repair or replacement
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- Lights Should Be Exhibited). Kansas City, MO District Office (8/3/01). 47 C.F.R. Part 17 Antenna Structure Construction, Marking, and Lighting of Antenna Structures 47 C.F.R. § 17.51 Time When Lights Should Be Exhibited Eure Family Limited Partnership, Yorktown, VA. $10,000 NAL. Norfolk, VA Resident Agent Office (8/16/01). 47 C.F.R. Part 73 Radio Broadcast Services 47 C.F.R. § 73.1350 Transmission System Operation Palouse Country, Inc., KMAX(AM), Colfax, WA. $10,000 NAL. Other violations: 47 C.F.R. §§ 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating 2 Power and Mode Tolerances), 73.1580 (Transmission System Inspections), and 73.1870 (Chief Operators). Seattle, WA District Office (8/30/01). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure 47 C.F.R. § 1.903 Authorization
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- NOTICES OF APPARENT LIABILITY Communications Act · 47 U.S.C. § 301 Unauthorized Operation David Edwin Merrell, Wichita Falls, TX. $10,000 NAL. Dallas, TX District Office (9/10/01). 47 C.F.R. Part 73 Radio Broadcast Services · 47 C.F.R. § 73.1225 Station Inspections By FCC Fifth Avenue Broadcasting Co., Inc., WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. §§ 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act · 47 U.S.C. § 301 Unauthorized Operation Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. § 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 2 90.233 (Base/Mobile Non
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- District Office (10/19/01). Clear Channel Broadcasting Licenses, Inc., KTSM-FM, El Paso, TX. Dallas, TX District Office (10/19/01). Clear Channel Broadcasting Licenses, Inc., KHEY-FM, El Paso, TX. Dallas, TX District Office (10/19/01). Clear Channel Broadcasting Licenses, Inc., KPRR, El Paso, TX. Dallas, TX District Office (10/19/01). KXOJ, Inc., KXOJ, Sapulpa, OK. Other violations: 47 C.F.R. §§ 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations) and 73.1870 (Chief Operator). Dallas, TX District Office (10/19/01). KXOJ, Inc., KXOJ-FM, Sapulpa, OK. Other violations: 47 C.F.R. §§ 73.1350 (Transmission System Operations), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Dallas, TX District Office (10/19/01). TCI Cablevision of California, Inc., Concord, CA (Physical System #003379). Other violations: 47 C.F.R. §§ 76.605 (Technical
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- District Office (10/19/01). Clear Channel Broadcasting Licenses, Inc., KTSM-FM, El Paso, TX. Dallas, TX District Office (10/19/01). Clear Channel Broadcasting Licenses, Inc., KHEY-FM, El Paso, TX. Dallas, TX District Office (10/19/01). Clear Channel Broadcasting Licenses, Inc., KPRR, El Paso, TX. Dallas, TX District Office (10/19/01). KXOJ, Inc., KXOJ, Sapulpa, OK. Other violations: 47 C.F.R. §§ 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations) and 73.1870 (Chief Operator). Dallas, TX District Office (10/19/01). KXOJ, Inc., KXOJ-FM, Sapulpa, OK. Other violations: 47 C.F.R. §§ 73.1350 (Transmission System Operations), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Dallas, TX District Office (10/19/01). TCI Cablevision of California, Inc., Concord, CA (Physical System #003379). Other violations: 47 C.F.R. §§ 76.605 (Technical
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- Inc., Greenville, PA. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 17.23 (Specifications for Painting and Lighting of Antenna Structures), 17.48 (Notification of Extinguishment and Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.58 (Indicating Instruments), 73.1201 (Station Identification), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). School District, Bay City, WCHW-FM, Bay City, MI. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.567 (Determining Operating Power), 73.1230 (Posting
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- District Office (1/3/01). 47 C.F.R. § 1.903 - Authorization Required 420 Energy Investments, Inc., WPFP282, Burnsville, WV and WPFQ228, Sardis, WV. $12,000 NAL. Columbia, MD District Office (1/3/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. § 11.35 - Equipment Operational Readiness KYOO Communications, Bolivar, MO. $22,000 NAL. Other violations: 47 C.F.R. §§ 17.50 (Cleaning and Repainting), 73.1350 (Transmission System Operation) and 73.1800 (General Requirements Related to the Station Log). Kansas City, MO District Office (1/31/01). 47 C.F.R. Part 95 - Personal Radio Services 47 C.F.R. § 95.409 - (CB Rule 9) What Equipment May I Use At My CB Station? Jerry Smith, Claymont, DE. $13,500 NAL. Other violations: 47 C.F.R. § 95.410 ((CB Rule 10) How Much
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- OF APPARENT LIABILITY 47 C.F.R. Part 73 - Broadcast Radio Services 47 C.F.R. § 73.49 - AM Transmission System Fencing Requirements Erald Broadcasting, Inc, WJRO, Glen Burnie, MD. $7,000 NAL. Columbia, MD District Office (2/5/01). 47 C.F.R. § 73.54 - Antenna Resistance and Reactance Measurements KASA Radio Hogar, Inc., (KDAP - Douglas, AZ). $15,000 NAL. Other violations: 47 C.F.R. §§ 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements) and 73.3526 (Local Public Inspection File for Commercial Stations). San Diego, CA District Office (2/15/01). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 - Unauthorized Operations Family Workshop Center Church, K206CM, Lafayette, LA. New Orleans, LA District Office (2/7/01). 47 U.S.C. § 308(b) - Failure to Respond to Letter of Inquiry Galaxy
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- deny a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on January 29, 2001. This is the fourth petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In its fourth petition
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- (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirement), 11.61 (Tests of EAS Procedures) and 73.1820 (Station Log). Atlanta, GA District Office (4/19/02). GreenTV Corp., Evergreen, CO., KDMD (TV), Anchorage, AK. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1225 (Station Inspection by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1840 (Retention of Logs) and 73.1870 (Chief Operator). Anchorage, AK Resident Agent Office (4/22/02). Murray Broadcasting Company, Englewood, FL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirement) and 11.61 (Tests of EAS Procedures). Tampa, FL District Office (4/29/02). Charter Communications, La
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- - AM Transmission System Fencing Requirements Sam Bushman, KNAL(AM) - Delta, UT. $ 7,000 NAL. Denver, CO District Office (5/17/02). Commonwealth License Subsidiary, LLC, KLMR(AM), Lamar, CO. $7,000 NAL. Denver, CO District Office (5/30/02). 47 C.F.R. § 73.1125 - Station Main Studio Location American Family Association, KBKC, Moberly, MO. $7,000 NAL. Kansas City, MO District Office (5/28/02). 47 C.F.R. § 73.1350 - Transmission System Operation Mount Rushmore Broadcasting, Inc., WZMX(FM), Hot Springs, SD. $3,000 NAL. Other violation: 47 C.F.R. § 73.1400 (Transmission System Monitoring and Control). Denver, CO District Office (5/31/02). 47 C.F.R. § 73.1560 - Operating Power and Mode Tolerances Tarrant Radio Broadcasting, Inc., Southlake, TX. $4,000 NAL. Dallas, TX District Office (5/24/02). 47 C.F.R. Part 76 - Multichannel Video
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- Structures · 47 C.F.R. § 17.4(a) Antenna Structure Registration o Mitchell Communications, Inc., Danville, VA. $13,000 NAL. Other violation: 47 C.F.R. § 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record). Norfolk, VA Resident Agent Office (6/10/02). o Truth Broadcasting Corp., Winston-Salem, NC. $11,200 NAL. Other violations: 47 C.F.R. §§ 73.49 (AM Transmission System Fencing Requirements) and 73.1350 (Transmission System Operation). Norfolk, VA Resident Agent Office (6/12/02). 3 · 47 C.F.R. § 17.4(g) Posting of Antenna Structure Registration Number o Media Broadcasting Corporation, Winston-Salem, NC. $12,000 NAL. Other violation: 47 C.F.R. § 17.51 (Time When Lights Should Be Exhibited). Norfolk, VA Resident Agent Office (6/13/02). o Beacon Broadcasting, Inc., Warren, OH. $15,000 NAL. Other violations: 47 C.F.R.
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- Inc. $3,000 NAL. Dallas, TX District Office (7/9/02). 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. § 11.35 - Equipment Operational Readiness Adelphia Communications Corporation, Coudersport, PA. $8,000 NAL. Atlanta, GA District Office (7/18/02). L.T. Simes II & Raymond Simes, KAKJ(FM), West Helena, AR. $15,000 NAL. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration) and 73.1350 (Transmission System Operation). New Orleans, LA District Office (7/22/02). Rotijefco, Inc., Santa Barbara, CA. $8,000 NAL. Los Angeles, CA District Office (7/26/02). Smith Broadcasting of Santa Barbara, LP, Santa Barbara, CA. $8,000 NAL. Los Angeles, CA District Office (7/26/02). Lighthouse Broadcasting, Canon, GA, licensee of WBIC(AM) in Royston, GA. $12,000 NAL. Other violation: 47 C.F.R. § 73.1745 (Unauthorized Operation). Atlanta,
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- WBOT(FM), of the Forfeiture Order issued by the Enforcement Bureau (``Bureau'') assessing a twenty-one thousand five hundred dollar forfeiture ($21,500) against Radio One for willful violation of the following Sections of the Commission's Rules (``Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On March 14, 2000, the Commission's Boston, Massachusetts Field Office (``Boston Office'') conducted an inspection of radio station WBOT(FM) in Brockton, Massachusetts, after it received information indicating
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- C.F.R. Part 73 - Radio Broadcast Rules 47 C.F.R. § 73.49 - AM Transmission System Fencing Requirements Times and News Publishing Company, Gettysburg, PA. $7,000 NAL. Philadelphia, PA District Office (8/5/02). Cumulus Licensing Corporation, WNAM, Oshkosh, WI. $7,000 NAL. Chicago, IL District Office (8/16/02). WCPC Broadcasting Co., Houston, MS. $7,000 NAL. New Orleans, LA District Office (8/21/02). 47 C.F.R. § 73.1350 - Transmission System Operations Clarke Broadcasting Corporation, KTIQ, Merced, CA. $7,000 NAL. Other violations: 47 C.F.R. §§ 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances) and 73.1745 (Unauthorized Operation). San Francisco, CA District Office (8/30/02). 47 C.F.R. § 73.1560 - Operating Power and Mode Tolerances North American Broadcasting Company, Inc., Cave Creek, Arizona. $4,000 NAL. San
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- and Section 1.80 of the Commission's Rules ("the Rules"), the Enforcement Bureau found Radio One liable for a monetary forfeiture in the amount of $21,500 for willful violation of the following sections of the Rules: 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). Radio One has presented new information which has persuaded the Bureau to reconsider and reverse the assessment of a forfeiture for violation of Section 73.3526(a)(2) of the Rules. The Bureau
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- South Dakota ) Facility ID #46712 ) FORFEITURE ORDER Adopted: October 24, 2002 Released: October 29, 2002 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Mount Rushmore Broadcasting, Inc., (``Mount Rushmore'') licensee of Station KZMX(FM), Hot Springs, South Dakota, for willful violation of Sections 73.1350 and 73.1400 of the Commission's Rules (``the Rules''). The noted violations involve Mount Rushmore's failure to establish monitoring procedures and schedules to determine compliance with operating power and modulation levels, and Mount Rushmore's failure to have positive on/off control of the transmitter. 2. On May 31, 2002, the District Director of the Commission's Denver, Colorado Field Office (``Denver Office'') issued
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- (Antenna Structure Registration). Atlanta, GA District Office (9/24/02). Aracelis Ortiz, Excutrix of the Estate of Carlos Ortiz, KCOS-LP, Phoenix, AZ. $15,000 NAL. Other violation: 47 C.F.R. § 73.1125 (Station Main Studio Location). San Diego, CA District Office (9/30/02). Hunt Broadcasting Group, Inc., KPWB AM and FM, Piedmont, MO. $19,000 NAL. Other violations: 47 C.F.R. §§ 73.49 (AM Transmission Fencing Requirements), 73.1350 (Transmission System Operation), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/30/02). 47 C.F.R. § 11.61 - Tests of EAS Procedures Ho'ona'auao Community Television, Inc., KWBN-TV, Honolulu, HI. $4,000 NAL. Honolulu, HI Resident Agent Office (9/27/02). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. § 17.4(a) - Antenna
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- Carolina ) FORFEITURE ORDER Adopted: November 26, 2002 Released: December 2, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800) to Truth Broadcasting Corporation (``Truth''), licensee of Station WTOB(AM), Winston-Salem, North Carolina, for willful and repeated violation of Sections 73.49 and 73.1350(a) of the Commission's Rules (``Rules''). The noted violations involve Truth's failure to enclose three of its antenna structures within an effective locked fence or other enclosure, and failure to operate in accordance with the terms of the station authorization in that Station WTOB(AM) exceeded authorized field strength limits. On June 12, 2002, the Commission's Norfolk, Virginia Resident Agent Office (``Norfolk
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- By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''). The Consent Decree terminates the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. Fifth Avenue, licensee of WCMI(AM), apparently violated Sections 73.1225(d)(1) (failure to maintain copy of the most recent antenna impedance measurement); 73.1350(a) (failure to operate according to the terms of the station authorization); 73.1690(b)(2) (failure to file a construction permit); 73.3526(e)(1) (failure to maintain copy of current authorization in public inspection file); and 73.3526(e)(12) (failure to maintain issues/programs lists in the public inspection file) of the Commission's Rules. The Consent Decree provides, that, among other things, Fifth Avenue will implement a Compliance
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit 1. The Enforcement Bureau of the Federal Communications Commission (``Commission or FCC'') and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue'') hereby enter into this Consent Decree for the purpose of terminating a forfeiture proceeding arising from an investigation of Fifth Avenue, for alleged violations of Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1), and 73.3526(e)(12) of the Commission's Rules (``Rules''). BACKGROUND 2. On September 14, 2000, the Federal Communications Commission received a complaint that Fifth Avenue had ``...re-located its AM transmission site into another state without prior Commission authorization...''. The complainant requested ``...immediate Commission action to require the termination of the unauthorized and potentially dangerous operations of WCMI(AM).'' On September 25,
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- 47 C.F.R. § 74.780 (Broadcast Regulations Applicable to Translators, Low Power, and Booster Stations). Anchorage, AK Resident Agent Office (1/22/02). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 - Unauthorized Operation Mt. Rushmore Broadcasting, Inc., Custer, SD (KAWK-FM, Facility ID #43916). Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring and Control), 73.1580 (Transmission System Inspections), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Denver, CO District Office (1/7/02). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. § 1.951 - Duty to Respond to Official Communications Patricia L. Kozel, Muncie, IN. Philadelphia, PA District
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- or permittees should also be aware that the filing of such a letter request does not imply approval of the relocation request, because each request is addressed on a case-by-case basis. A filing fee is required for commercial AM, FM, TV or Class A TV licensees or permittees filing a letter request under the section (see § 1.1104). ***** Section 73.1350 is amended by revising paragraph (g) to read as follows: § 73.1350 Transmission system operation. ***** (g) Whenever a transmission system control point is established at a location other than the main studio or transmitter, a letter of notification of that location must be sent to the FCC in Washington, DC, Attention: Audio Division (radio) or Video Division (television), Media
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- C.F.R. § 11.35 - Equipment Operational Readiness Steven M. Greeley, Lake Havasu City, AX, KJJJ(FM). Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). San Diego, CA District Office (2/12/02). Clarke Broadcasting Corp., KAXW, Merced, CA. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1215 (Specifications for Indicating Instruments), 73.1350 (Transmission System Operations), 73.1545 (Carrier Frequency Departure Tolerances), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (2/13/02). Amaturo Group of LA, LTD, KELT(FM), Riverside, CA. San Diego, CA District Office (2/15/02). Cornerstone Television, Wall,
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- Office (3/12/02). NOTICES OF VIOLATION 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. § 1.903 - Authorization Required Fennessey Broadcasting Stations Corp., Scranton, PA. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1225 (Station Inspections by FCC), 73.1350 (Transmission System Operations), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1800 (General Requirements Related to the Station Log), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (3/7/02). Frankford Hospital, Philadelphia, PA. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures) and 90.403 (General Operating
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- a monetary forfeiture in the amount of three thousand dollars ($3,000) to L.T. Simes II and Raymond Simes (collectively, ``Simes''), licensee of FM station KAKJ, Marianna, Arkansas, and owners of an unregistered antenna structure located at geographic coordinates 34º 47' 20'' North latitude and 090º 47' 08'' West longitude near Marianna, Arkansas, for willful violation of Sections 11.35(a), 17.4(a) and 73.1350(a) of the Commission's Rules (``Rules''). The noted violations involve Simes's failure to ensure that Emergency Alert System (``EAS'') equipment was installed and operational at KAKJ, failure to register the antenna structure for KAKJ with the Commission, and failure to operate KAKJ in accordance with the terms of its station authorization. On July 22, 2002, the Commission's New Orleans, Louisiana Field
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- FORFEITURE ORDER Adopted: May 5, 2003 Released: May 7, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Minority Business and Housing Development, Inc. (``Minority Business''), licensee of radio station WYGG, Asbury Park, New Jersey, for willful and repeated violation of Sections 11.35(a) and 73.1350(a) of the Commission's Rules (``Rules''). The noted violations involve Minority Business's failure to install Emergency Alert System equipment and failure to operate in accordance with the terms of the station authorization. 2. On December 30, 2002, the District Director of the Commission's Philadelphia, Pennsylvania Field Office (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount
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- Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed on November 29, 2002, by Mount Rushmore Broadcasting, Inc., (``Mount Rushmore''). Mount Rushmore seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $3,000 for willful violation of Sections 73.1350 and 73.1400 of the Commission's Rules (``Rules''). The noted violations involve Mount Rushmore's inability to access its station's power and modulation levels by remote control from the main studio, its inability to turn its station's transmitter on or off by remote control from the main studio and its failure to establish monitoring procedures and schedules to determine compliance with operating
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- ) File Number EB-02-AT-239 NAL/Acct. No. 200232480012 FRN 0004-9860-22 FORFEITURE ORDER Adopted: August 7, 2003 Released: August 11, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Farnell O'Quinn (``O'Quinn''), licensee of radio station WUFF, Eastman, Georgia, for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules''). The noted violation involves O'Quinn's failure to operate in accordance with the terms of the station authorization. On July 8, 2002, the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of four thousand dollars ($4,000) to O'Quinn for the noted violation. II. BACKGROUND On
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- ) Merced, California ) NAL/Acct. No. 200232960001 Facility ID # 87180 ) ) FRN 0003-7254-54 FORFEITURE ORDER Adopted: September 16, 2003 Released: September 18, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand dollars ($6,000) to Clarke Broadcasting Corporation (``Clarke''), for willful violations of Sections 73.1350(a), 73.1350(c) and 73.1400 of the Commission's Rules (``Rules'') and for willful and repeated violations of Sections 73.1560(a) and 73.1745(a) of the Rules. The noted violations involve Clarke's failure to provide adequate transmitter control and to maintain the authorized power. On August 30, 2002, the Commission's San Francisco, California, Field Office (``San Francisco Office'') issued a Notice of Apparent Liability for
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- 200232560026 FRN 0006-1631-09 FORFEITURE ORDER Adopted: December 17, 2003 Released: December 19, 2003 By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Hunt Broadcasting Group, Inc. (``Hunt''), licensee of radio stations KPWB(AM) and KPWB-FM, located in Piedmont, Missouri, for willful violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6), and 73.3526(e)(12) of the Commission's Rules (``Rules''). The noted violations involve Hunt's failure to provide an effective locked fence enclosing the base of station KPWB(AM)'s antenna, failure to provide transmitter control and monitoring capabilities, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain all required items in the joint public inspection file
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- Rule 26) Do I Have To Make My Station Available For Inspection?). Seattle, WA District Office (12/30/02). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. § 1.89 - Response to Notice of Violation Melodynamic Broadcasting Corporation, WCER, Canton, OH. $11,000 NAL. Other violations: 47 C.F.R. §§ 11.15 (EAS Operating Handbook), 73.51(Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation) and 73.1870 (Chief Operator). Detroit, MI District Office (12/30/02). 47 C.F.R. § 1.903 - Authorization Required Horizon Communications, Cliffside Park, NJ. $10,000 NAL. Other violation: 47 C.F.R. § 90.425 (Station Identification). Philadelphia, PA District Office (12/5/02). 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R.
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- Licensee, Station KDEF(AM) ) Albuquerque, New Mexico ) FRN 0006-1600-48 FORFEITURE ORDER Adopted: March 12, 2003 Released: March 17, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Ramh Corporation (``Ramh''), licensee of Station KDEF(AM), Albuquerque, New Mexico, for willful violation of Sections 73.1125, 73.1350, and 73.1400 of the Commission's Rules (``the Rules''). The noted violations involve Ramh's failure to maintain a main studio management and staff presence, and its failure to establish monitoring procedures to ensure compliance with authorized operating power, mode of operation, and AM directional system parameters. Further, we find that Ramh willfully and repeatedly violated Section 73.1560 of the Rules by
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- Licensee, Station WMGC(AM) ) Murfreesboro, Tennessee ) FRN 0006-3776-00 FORFEITURE ORDER Adopted: March 20, 2003 Released: March 24, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Radio 810 Nashville, Incorporated (``Radio 810'') licensee of Station WMGC(AM), Murfreesboro, Tennessee, for willfully violating Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Commission's Rules (``the Rules''). The noted violations involve Radio 810's failure to maintain properly calibrated indicating instruments, failure to terminate broadcast operation as required when Station WMGC(AM) operated in non-compliance with the technical rules, and its exceeding the authorized transmitter power at Station WMGC(AM) by failing to reduce power at sunset. 2. On June 18, 2002,
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- FORFEITURE ORDER Adopted: May 17, 2004 Released: May 19, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Melodynamic Broadcasting Corporation (``Melodynamic''), the licensee of Radio Station WCER, Canton, Ohio for willful and repeated violation of Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Commission's Rules (``Rules''). Respectively, the noted violations include failure to respond to Commission communications; failure to maintain a copy of the Emergency Alert System (EAS) handbook; failure to maintain a record of the dates of commencement and termination of power determination by the indirect method; failure to maintain a record of the efficiency factor
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- FM Station WYGG, Asbury Park, New Jersey, of the Forfeiture Order issued on May 7, 2003. The Forfeiture Order imposed a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) against MBHD for its failure to operate its station as authorized and to install Emergency Alert System (``EAS'') equipment at the station, in willful and repeated violation of Sections 73.1350(a) and 11.35(a) of the Commission's Rules (``Rules''). BACKGround In 2002, the Commission's Philadelphia, Pennsylvania Field Office (``Field Office'') conducted on-site inspections of, and investigated a complaint regarding, Station WYGG's operations. The Field Office's investigation resulted in the issuance of Notices of Violations on May 30, 2002, and July 24, 2002, and ultimately the issuance of a Notice of Apparent Liability
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- and Order (``Order''), we grant in part the Petition for Reconsideration filed by Radio 810 Nashville, Limited (``Radio 810''), licensee of Station WMGC(AM), Murfreesboro, Tennessee. Radio 810 seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of ten thousand dollars ($10,000) for willfully violating Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Commission's Rules (``the Rules''). The noted violations involve Radio 810's failure to maintain properly calibrated indicating instruments, failure to terminate broadcast operation as required when Station WMGC(AM) operated in non-compliance with the technical rules, and exceeding the authorized transmitter power at Station WMGC(AM) by failing to reduce power at sunset. On June 18, 2002, the District
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- Enforcement Bureau: introduction In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of thirteen thousand dollars ($13,000) issued to Cornell College (``Cornell''), the licensee of noncommercial educational FM Station KRNL, Mt. Vernon, Iowa. We find that Cornell failed to maintain control of the station's transmitter in apparent willful and repeated violation of Section 73.1350(b)(2) of the Commission's Rules (``Rules'') and failed to make available the station's public file in apparent willful violation of Section 73.3527(c) of the Rules. While we cancel the forfeiture based primarily upon the financial hardship that would result, we admonish Cornell for its violations of Sections 73.1350(b)(2) and 73.3527(c) of the Rules. background On March 18, 2003, an agent from
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- overall compliance and good faith. We have examined the Radio One orders and find nothing which supports a different result. Radio One involved a monetary forfeiture originally imposed for willful violation of the following Rules: 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). In a series of rulings, the Enforcement Bureau and the Commission reduced the originally proposed monetary forfeiture of $22,000 to $8,000 on the basis that Radio One did maintain a
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- Order (``Order''), we deny a petition for reconsideration filed by Mr. Farnell O'Quinn, licensee of radio stations WUFF (AM) and WUFF-FM (``the O'Quinn stations''), Eastman, Georgia, and owner of those stations' antenna structure (antenna registration number 1019521); and we affirm the Forfeiture Order issued August 11, 2003, in the amount of three thousand dollars ($3,000) for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules''). The noted violation involves Mr. O'Quinn's failure to operate the O'Quinn stations in accordance with the terms of their station authorizations. II. BACKGROUND On June 11, 2002, an agent from the Commission's Atlanta, Georgia, Field Office (``Atlanta Office'') inspected the O'Quinn stations' transmitter site and antenna structure near Eastman, Georgia. The agent determined through the
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- executed by telecopy or by original signatures. RADIO & INVESTMENTS, INC. By: ___________________________ Kenneth R. Noble II, President Date: ___________________________ ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION By: _____________________________ David H. Solomon, Chief Date: ____________________________ TABLE I VIOLATIONS Violation Citation Station(s) Unauthorized Transfer of Control 47 U.S.C. § 310(d) KFRA, KDDK Failure to Install/Maintain EAS Equipment 47 C.F.R. §§ 11.35, 73.1250, 73.1300, 73.1350(h) KFRA, KDDK Failure to Register Antenna Structure and Post Registration 47 C.F.R. § 17.4(a)(1), (g) KDDK Failure to Maintain/Staff Main Studio 47 C.F.R. § 73.1125 KFRA, KDDK Failure to Designate Chief Operator 47 C.F.R. §§ 73.1350(a)-(c), 73.1870 KFRA, KDDK Excess operating power 47 C.F.R. § 73.1560(b) KDDK Failure to conduct equipment performance measurements 47 C.F.R. § 73.1590(a)(6) KFRA Failure to
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- emergency communications, these rules facilitate the EAS process. Legal Basis: 47 U.S.C. 154, 303, 334, and 336. Section Number and Title: 73.1207 Rebroadcasts. 73.1250 Broadcasting emergency information. Brief Description: These rules provide compliance and authorization provisions for all broadcast services. Need: These rules prescribe common operating procedures for all broadcast services. . Section Number and Title: 73.1300 Unattended station operation. 73.1350 Transmission system operation. Brief Description: Under Section 73.3545 of the Commission's rules and section 325(c) the Communications Act of 1934, as amended, FCC Form 308 is used to apply for authority to locate, use, or maintain a studio in the United States for the purpose of supplying program material to a foreign radio or TV broadcast station, whose signals are
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- Case Number. EB-05-OR-006 NAL/Acct. No. 200532620004 FRN 0011734290 FORFEITURE ORDER Adopted: July 26, 2005 Released: July 28, 2005 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to David M. Loflin, licensee of Station WKNI-LP/W49BM, for willful and repeated violation of Section 73.1350(a) of the Commission's Rules (``Rules'') by failing to operate the station in accordance with the terms of its station authorization. The noted violation involves Mr. Loflin's operation of Station WKNI-LP on TV channel 25, instead of its assigned TV channel 49. 2. On May 9, 2005, the District Director of the Commission's New Orleans Field Office (``New Orleans Office'') issued
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- this petition to reargue those matters. However, Commonwealth also contends that the Bureau failed to account for other cases where a lesser forfeiture was assessed for actions more closely resembling the nature of its violation. Specifically, it argues that in a number of cases involving unauthorized relocation and construction of facilities, an offending licensee was found to have violated Section 73.1350(a) of the Rules relating to a licensee's responsibility to maintain the facilities in accordance with the station's authorization and were assessed maximum forfeitures of $4,000. It argues that the $10,000 forfeiture assessed by the Bureau is customarily reserved for those not previously licensed to operate - essentially ``pirate'' operations. It therefore concludes that its mistaken relocation of the WCVE-TV antenna
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- this petition to reargue those matters. However, Commonwealth also contends that the Bureau failed to account for other cases where a lesser forfeiture was assessed for actions more closely resembling the nature of its violation. Specifically, it argues that in a number of cases involving unauthorized relocation and construction of facilities, an offending licensee was found to have violated Section 73.1350(a) of the Rules relating to a licensee's responsibility to maintain the facilities in accordance with the station's authorization and were assessed maximum forfeitures of $4,000. It argues that the $10,000 forfeiture assessed by the Bureau is customarily reserved for those not previously licensed to operate - essentially ``pirate'' operations. It therefore concludes that its mistaken relocation of the WCVE-TV antenna
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- Adopted: November 22, 2005 Released: November 28, 2005 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand six hundred dollars ($5,600) to Family Educational Association Inc. (``Family''), licensee of station WPLI, in Levittown, Puerto Rico, for willful and repeated violation of Section 73.1350(a) of the Commission's Rules (``Rules''). The noted violation involves Family's failure to operate its station in accordance with the terms of the station authorization. II. BACKGROUND On April 21, 2005, as a follow-up to a previous inspection that uncovered a violation, agents from the Commission's San Juan Office of the Enforcement Bureau (``San Juan Office'') conducted an inspection of WPLI's
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- Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309 and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules'') by the Commission by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently violated Section 73.1350(a) of the Rules, by failing to operate substantially in accordance with the terms and conditions of its license. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000), and we grant the Renewal Application, the Assignment Application, and the
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- that he reoriented the FM antenna to an azimuth of 206 degrees true and would adjust it to 202 degrees true the following Friday. On September 7, 2005, the San Juan Office issued a Notice of Apparent Liability for Forfeiture to West Coast in the amount of eight thousand dollars ($8,000) for the apparent willful and repeated violation of Section 73.1350(a) of the Rules and the apparent willful violation of Section 73.1560(b) of the Rules. On October 9, 2005, West Coast submitted a response to the NAL requesting the ability to pay the forfeiture in installments. West Coast, however, failed to submit its good faith payment and its request for an installment payment plan was denied. DISCUSSION The proposed forfeiture amount
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- ORDER Adopted: September 26, 2006 Released: September 28, 2006 By the Regional Director, South Central Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800) to Hacienda San Eladio, Inc. (``Hacienda''), licensee of station WRRE in Juncos, Puerto Rico, for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Hacienda's failure to operate its station in accordance with the terms of its station authorization and its failure to maintain a complete public inspection file. II. BACKGROUND On February 8, 2006, agents from the Commission's San Juan Office of the Enforcement Bureau (``San Juan Office'') conducted an inspection of
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- Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA in Vega Baja, Puerto Rico, for willful violation of Sections 73.49 and 73.3526 of the Commission's Rules (``Rules'') and willful and repeated violation of Section 73.1350(a) of the Rules. The noted violations involve A Radio's failure to enclose an antenna tower having radio frequency potential at the base within an effective locked fence, its failure to make available a complete public inspection file, and its failure to operate its station in accordance with the terms of its station authorization. II. BACKGROUND On August 25, 2005, in
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- instrument whether executed by telecopy or by original signatures. FEDERAL COMMUNICATIONS COMMISSION ________________________________ By: Kris Anne Monteith Chief, Enforcement Bureau Date: _______________ LICENSEE OF STATION ___________________________________ Kenneth Wayne Diebel (individually) Date: _______________ R&M BROADCASTING, INC. ___________________________________ By: Jack Reynolds, President Date: _______________ These rules include the main studio rule, 47 C.F.R. § 73.1125, the chief operator rule, 47 C.F.R. § 73.1350 (a)-(c), the station log rules, 47 C.F.R. §§ 73.1800, 73.1820, and 73.1840, the public file rule, 47 C.F.R. § 73.3526, and the Emergency Alert System rules, 47 C.F.R. §§ 11.35, 73.1250, 73.1300, and 73.1350(h). 47 U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. See 47 U.S.C. § 310(d); 47 C.F.R. §§ 73.3540. See 47 C.F.R. § 73.1125. (...continued from previous
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- Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules'') by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.1350(a) of the Rules by operating the Station at an unauthorized location. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000), and we grant the captioned WMOR(AM) license renewal application. II. BACKGROUND Section 73.1350(a) of the Rules prohibits operation
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- Adopted: March 22, 2007 Released: March 29, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Community Broadcast Group, Inc., (``Community'') licensee of AM Broadcast Radio station KZEY, in Tyler, Texas, for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. II. BACKGROUND On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') conducted an inspection of station KZEY's main studio located
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- 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Simmons-Austin, LS, LLC (``Simmons''), licensee of station KSLG(AM), St. Louis, Missouri. The Consent Decree terminates an investigation by the Bureau into whether Simmons violated Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 73.1350 and 73.1745 of the Commission's Rules (``Rules''). The Bureau and Simmons 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 by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public
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- June 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand, two hundred dollars ($3,200) to Del Rosario Talpa, Inc. (``Del Rosario Talpa''), licensee of AM broadcast station KNCR, in Fortuna, California, for willfully and repeatedly violating Section 73.1350(a) of the Commission's Rules (``Rules''). On December 22, 2006, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Del Rosario Talpa for operating station KNCR at an unauthorized location. In this Order, we consider Del Rosario Talpa's arguments that its violation was actually of Section 73.1680 of the
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- Apparent Liability for Forfeiture, however, the Enforcement Bureau determined that copies of PSAs did not qualify as issues/programs lists and that there was no evidence that the lists were ever maintained in the public file. Accordingly, the Enforcement Bureau issued the Notice of Apparent Liability for Forfeiture in the amount of $15,000 for willful and repeated violation of Section's 11.35(a), 73.1350(b), and 73.3526(e)(12) of the Rules. Of the proposed forfeiture, $4,000 was attributable to the public inspection file violation. Licensee paid the forfeiture in full. 7. Additionally, on April 13, 2006, agents from the Commission's Tampa Office of the Enforcement Bureau conducted an inspection of WWLD(FM) at its main studio in Tallahassee, Florida. They determined that the station's public inspection file
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- FRN: 0005008016 FORFEITURE ORDER Adopted: July 30, 2007 Released: August 1, 2007 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to Rama Communications, Inc. (``Rama''), licensee of station WKIQ, in Eustis, Florida, for willful and repeated violation of Sections 73.1125(a), 73.1350(b)(2) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to maintain full-time managerial and staff personnel at the main studio during normal business hours, failure to maintain the continuous ability to turn its transmitter off, and failure to maintain a complete public inspection file at its main studio. 2. On June 6, 2007, the Commission's Tampa
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- A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA in Vega Baja, Puerto Rico, of the Forfeiture Order issued November 3, 2006. The Forfeiture Order imposed a monetary forfeiture in the amount of $15,000 on A Radio for the willful violation of Sections 73.49 and 73.3526 of the Rules and the willful and repeated violation of Section 73.1350(a) of the Rules. The noted violations involved A Radio's failure to enclose an antenna tower having radio frequency potential at the base within an effective locked fence, its failure to make available a complete public inspection file, and its failure to operate its station in accordance with the terms of its station authorization. II. BACKGROUND On August 25, 2005, in
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- 200732920001 FRN: 0003780053 FORFEITURE ORDER Adopted: September 7, 2007 Released: September 11, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to Larson-Wynn, Inc. (``Larson-Wynn''), licensee of broadcast station KODL(AM), in The Dalles, Oregon, for willfully and repeatedly violating Section 73.1350(a) of the Commission's Rules (``Rules''). On February 21, 2007, the Enforcement Bureau's Portland Resident Agent Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Larson-Wynn for operating station KODL(AM) at an unauthorized location. In this Order, we consider Larson-Wynn's argument that the forfeiture amount should be cancelled because of Larson-Wynn's good faith efforts
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- as Perreira Broadcasting. The agent also observed that the antenna structure registration numbers for the two AM towers, as well as any high voltage or radiofrequency radiation warning signs, had also been removed with the fencing. 47 C.F.R. § 73.49. Within the NAL, the San Francisco Office also issued a Notice of Violation (``NOV'') to Pereira for violation of Section 73.1350(a) of the Rules which states that each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules and in accordance with the terms of the station license., 47 C.F.R. § 73.1350(a). Specifically, Section 73.1745(a) of the Rules states that no broadcast station shall operate at times or with modes or power,
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- Order (``Order''), we dismiss the Petition for Reconsideration filed by Community Broadcast Group, Inc., (``Community'') licensee of AM Broadcast Radio station KZEY, in Tyler, Texas. Community seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. For the reasons provided below, we dismiss Community's petition for reconsideration as untimely. BACKGROUND On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 June 4, 2008 DA 08-1307 Small Entity Compliance Guide Amendment of Sections 73.62 and 73.1350 of the Commission's Rules Regarding AM Directional Antennas MB Docket No. 03-151 This Guide is prepared in accordance with the requirements of Section 212 of the SmallBusiness Regulatory Enforcement Fairness Act of 1996. It is intended to help small entities-small businesses, small organizations (non-profits), and small governmental jurisdictions-comply with the above-referenced FCC rules. This Guide is not intended to replace
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- maintenance, and that he issued a verbal and written warning about the ``dangerous condition'' of the AM towers at both stations, which included tower structure, lighting, and painting problems. Roach maintains that these ``complaint matters'' remained unresolved as of March 3, 2006. In addition, Roach alleges that the Licensees ``repeatedly violated'' the Commission's rules regarding ``city-of-license requirements'' in Sections 73.1125, 73.1350 and 73.1400 of the Rules at Stations WCDL(AM) and WLNP(FM) by not maintaining ``properly manned and supervised space'' in the City of Carbondale and by not having the capability of transmitting from the city of license ``on demand.'' Roach states that despite repeated warnings by the Chief Operator and the Contract Engineer, along with requests for additional capital to bring
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- licensee of station WIQR(AM), in Prattville, Alabama, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Star Power's failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain and make available a complete public inspection file. We also admonish Star Power for its repeated violation of Section 73.1350(a) of the Rules. II. BACKGROUND On August 30, 2007, agents of the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') conducted an inspection of the AM directional station, WIQR, in Prattville, Alabama during normal business hours with the station's general manager. The agents found that the station's EAS encoder/decoder unit was not operational, because it was unplugged from a
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- DC 20036. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. §§ 73.44(b), 73.49. We also find that Black Crow willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Rules. Black Crow made a payment of $12,000 for these violations, and are not at issue in this Forfeiture Order. See 47 C.F.R. § 73.1350(d) (if not in compliance with the technical rules or the station authorization, and the condition is not listed in Section 73.1350(e) of the Rules, broadcast operation must be terminated within three hours). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700018 (Enf. Bur., Tampa Office, September 24, 2008) (``NAL''). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. §
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- attaches to the Petition a WEPN(AM) ``Program Line-Up'' printed from the Station's website on October 19, 2006. Kovel contends in his October 24, 2006, letter that this ``public interest'' program was taken off the air following grant of the Application. Petition at 1. Licensees must, of course, operate within the technical parameters of their authorizations. See, e.g., 47 C.F.R. § 73.1350(a). Kovel presents no evidence that the Station is not operating as licensed. 47 U.S.C. § 326 U.S. Const., Amend. I.; 47 U.S.C § 326. 18 U.S.C. § 1464. See WGBH Educational Foundation, Memorandum Opinion and Order, 69 FCC 2d 1250, 1251 (1978). License Renewal Applications of Certain Commercial Radio Stations Serving Philadelphia, Pennsylvania, Memorandum Opinion and Order, 8 FCC Rcd
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- 14, 2008 By the Associate Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA in Vega Baja, Puerto Rico. The Consent Decree terminates an investigation by the Bureau against A Radio for possible violations of Sections 73.49, 73.1350(a), and 73.3526 of the Commission's Rules (``Rules'') regarding antenna tower fencing and public inspection file requirements and operating with an unauthorized antenna pattern. The Bureau and A Radio have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent
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- Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.1350 of the Rules, by engaging in operation of the Station at an unauthorized site; and willfully and repeatedly violated Section 73.1740 of the Rules, by leaving the Station silent without the proper authorization. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of
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- 0010301059 FORFEITURE ORDER Adopted: April 24, 2008 Released: April 28, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) to Frank Rackley, Jr., licensee of station WNBN-AM, in Meridian, Mississippi, for willful and repeated violation of Sections 73.1350(a) and 73.1745(a) of the Commission's Rules (``Rules''). The noted violations involve Mr. Rackley's operation of the station from an unauthorized location and operation at a power level in excess of that authorized by the license. II. BACKGROUND On December 7, 2007, the Commission's New Orleans Office of the Enforcement Bureau (``New Orleans Office'') received a complaint concerning station WNBN-AM. The
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- in the amount of twenty-five thousand dollars ($25,000) to Minority Business & Housing Development, Inc. (``MBHD''), licensee of FM radio station WYGG in Asbury Park, New Jersey, for willfully and repeatedly violating Section 1.1310 of the Commission's Rules (``Rules), by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. BACKGROUND rized location. The antenna was mounted at a height of 43.9 meters AGL, which exceeded its authorized antenna height by 29.9 meters. After identifying the station's location, the agent then entered
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- 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 1.91(c) and Section 1.221(c) of the Commission's rules, the Hearing Designation Order ordered
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- management or staff presence, an incomplete public inspection file, lack of operational Emergency Alert System (``EAS'') equipment, lack of monthly EAS tests, no personnel or remote control equipment to control the transmitter, failure to post the license, failure to designate a chief operator, and failure to have equipment performance measurements available. See 47 C.F.R. §§ 11.35, 11.61, 73.1125, 73.1230, 73.1300, 73.1350(b), (h), and (i), 73.1400, 73.1590, 73.1870 and 73.3527. See LOI at 2-3 and Ex. B. Response at 5. Id. at 4. See LOI, Ex. B. The only defense asserted by GLBC and GLBA in their Response is to claim that their pattern of constructing quasi-translators (if that) instead of the full-service NCE-FM stations authorized in their construction permits constitutes ``compliance''
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- 9, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find John L. White (``Licensee''), licensee of Station KOLJ(AM), Quanah, Texas (``Station''), apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for his apparent willful and repeated violations of Section 301 of the Act and Sections 73.1350 and 73.1745 of the Rules, and his apparent willful violation 73.1690 of the Rules. The apparent violations involve Licensee's unauthorized operation of the Station at a variance from his license without first filing for and obtaining Commission approval for the modification of the Station's facilities. BACKGROUND On June 5, 2008, the Station went silent due to severe storms that caused
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- be mutually exclusive with an applicant's currently licensed facilities. For the reasons set forth below, we deny the Petition and the waiver request. We also find AERS apparently liable for forfeiture in the amount of ten thousand dollars ($10,000) for its apparent willful and repeated violations of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 73.1350(a) of the Rules for operating KWMD(FM) at variance from its license. BACKGROUND Station History and STAs. On July 26, 2000, AERS received a construction permit (``CP'') to construct a new noncommercial educational FM station at Kasilof. The Commission granted a license to cover these facilities on October 20, 2003. Soon after the license to cover was granted, a conflict with
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- violated Section 11.35(a) of the Rules by failing to ensure that EAS equipment was installed and operational when the station was in operation. Section 73.1400(a)(1)(ii) of the Rules states that if a remote control system of the transmission system is used, the ``remote control system must provide sufficient transmission system monitoring and control capability so as to ensure compliance with §73.1350.'' On January 26, 2010, the installed transmitter dial-up remote control system at the WCLM transmitter site was inoperative. According to the station manager and ``technical representative'', the transmitter remote control unit was ``hit by lightning'' sometime in November 2009 and had not subsequently been repaired or replaced. Therefore, we find that World Media apparently willfully and repeatedly violated Section 73.1400(a)(1)(ii)
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- its license due to: ``(1) inadvertent human error, and (2) circumstances beyond Simmons' control.'' Simmons-Austin also denied the existence, of any ``corporate directive'' not to reduce KSLG(AM)'s power at sunset, as specified in the station's license. On June 20, 2007, the Enforcement Bureau released an order adopting a Consent Decree with Simmons-Austin (``Consent Decree'') wherein it admitted to violating Sections 73.1350 and 73.1745; agreed to make a twenty-five thousand dollar voluntary contribution to the United States Treasury; and agreed to implement a specified internal program, for a minimum of two years from the Consent Decree's effective date, to ensure compliance with the Commission's rules and regulations. On September 17, 2009, Simmons-Austin and M&M filed the Applications. On October 22, 2009, O'Neal,
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- FORFEITURE AND ORDER Adopted: March 8, 2011 Released: March 8, 2011 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Ace of Hearts Disc Jockey Service, Inc. (``Ace of Hearts''), licensee of translator station W277AN, in Cape Canaveral, Florida, apparently willfully and repeatedly violated sections 73.1350 and 74.1235(e) of the Commission's rules (``Rules'') by: (1) operating overpower; and (2) utilizing an unauthorized transmitting antenna system. We conclude that Ace of Hearts is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). BACKGROUND Station W277AN is authorized to operate with a transmitter output power of 0.061 kW (61 watts). When operating with a
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- A Radio. Based on our review of the facts and circumstances of this case, we conclude that A Radio is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). BACKGROUND On May 12, 2008, the Bureau adopted an Order and Consent Decree that terminated a Bureau investigation of possible violations by A Radio of sections 73.49, 73.1350(a), and 73.3526 of the Commission's rules (``Rules'') regarding antenna tower fencing, public inspection file requirements, and operating with an unauthorized antenna pattern. Among other terms in the Order and Consent Decree, A Radio agreed to make a voluntary contribution to the U.S. Treasury in the amount of eight thousand dollars ($8,000) by June 14, 2008. A Radio also agreed to
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- and receiving equipment are installed and operational so that the EAS monitoring and transmitting functions are available when a station is in operation. Section 73.1400(a)(1)(ii) of the Rules states that if a remote control system of the transmission system is used, the ``remote control system must provide sufficient transmission system monitoring and control capability so as to ensure compliance with §73.1350.'' Section 73.3526(a)(2) of the Rules states that ``[e]very permittee or licensee of an AM, FM, TV or a Class A station in the commercial broadcast services shall maintain a public inspection file containing the material'' set forth in this section. The public inspection file must be maintained at the main studio of the station, and must be available for public
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- 19, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Entertainment Media Trust, Dennis J. Watkins, Trustee (``Entertainment Media Trust'' or ``the Licensee''), licensee of AM Station KZQZ, in St. Louis, MO and AM Station KQQZ, in DeSoto, MO, apparently willfully violated section 73.1350 of the Commission's Rules (``Rules'') by failing to operate Station KZQZ in accordance with the terms of its station authorization. We also find that the Licensee apparently willfully and repeatedly violated sections 73.1590 and 73.3526 of the Rules by failing to conduct required annual equipment performance measurements for Station KZQZ and failing to maintain and make available complete public inspection
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- licensee cannot be relied upon to operate [the stations] in the future in accordance with the requirements of its licenses and the Commission's Rules." Id. at 200. See South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the Station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the Station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern
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- LIABILITY FOR FORFEITURE AND ORDER Adopted: February 28, 2012 Released: February 28, 2012 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Super W Media Group, Inc. (Super W), licensee of Station WIPC, in Lake Wales, Florida, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's rules (Rules), by failing to operate its station in accordance with the terms of its station authorization. We conclude that Super W is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000). We further direct Super W to submit a written statement, signed under penalty of perjury, stating whether Station WIPC is
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- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: March 7, 2012 Released: March 8, 2012 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Hoosier Public Radio Corporation (Hoosier), licensee of Non-Commercial Educational Station WRFM-FM, in Wilkinson, Indiana (Station), apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's rules (Rules), by failing to maintain and operate its broadcast station in accordance with the terms of the Station's authorization. We conclude that Hoosier is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). We also direct Hoosier to submit a report, signed under penalty of perjury, regarding the status of the Station's
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- despite the fact that it at that point had no authority to be on the air at all, let alone from an unauthorized location about which it had already received two Notices of Violation. Accordingly, on October 21, 1998, the District Office issued a Notice of Apparent Liability to Morradio in the amount of $4,000 for willful violations of Sections 73.1350(a) and 73.1690 of the Rules. On that same date, the Bureau issued a letter reinstating the Station's operating authority and call sign. The 1998 Reinstatement Letter accepted for filing Morradio's 1997 License Renewal Application and granted Morradio an STA to operate the Station from its licensed site, denying a request to operate from the unauthorized site. Morradio responded to the
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- April 17, 2012 Released: April 18, 2012 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order, we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to John L. White (``White''), licensee of Station KOLJ(AM), Quanah, Texas (``Station''), for willfully and repeatedly violating Section 301 of the Communications Act, as amended (``Act''), and Sections 73.1350 and 73.1745 of the Commission's Rules (``Rules''), and willfully violating Section 73.1690 of the Rules. The violations involve White's unauthorized operation of the Station at a variance from his license without first filing for and obtaining Commission approval for modifying the Station's facilities. BACKGROUND On June 5, 2008, the Station went silent due to severe storms that caused damage to
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- No. 54768 NAL/Acct. No. MB200741410375 FRN: 0006947618 File No. BR-20050928ADD FORFEITURE ORDER Adopted: April 19, 2012 Released: April 20, 2012 By the Chief, Media Bureau: INTRODUCTION In this Forfeiture Order, the Media Bureau (``Bureau'') issues a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) 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
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- 2012 Released: April 23, 2012 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Ace of Hearts Disc Jockey Service, Inc. (Ace), licensee of translator station W277AN (Station), in Cape Canaveral, Florida, for willful and repeated violation of Sections 73.1350 and 74.1235(e) of the Commission's rules (Rules). The noted violations involved Ace operating its Station with unauthorized antenna equipment and with more than authorized power. In addition to the monetary forfeiture, we direct Ace to submit no later than thirty (30) calendar days from the date of this Order a statement signed under penalty of perjury that it is operating
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- Entertainment, LLC, 27 FCC Rcd 1392 (MB 2012) (one-year renewal granted based on licensee's willful and repeated violation of the Commission's radiofrequency radiation exposure guidelines at two stations); South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern
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- DA 12-167, 27 FCC Rcd 1392 (MB 2012) (one-year renewal granted based on Licensee's willful and repeated violations of the Commission's radiofrequency radiation exposure guidelines at two stations); South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern
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- FORFEITURE Adopted: May 17, 2012 Released: May 18, 2012 By the District Director, Denver Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (NAL), we find that Mt. Rushmore Broadcasting, Inc. (Mount Rushmore), licensee of Stations KZMX(AM) and KZMX-FM (Stations), in Hot Springs, South Dakota, apparently willfully and repeatedly violated Sections 73.1125(a), 73.1125(e), 73.1225(a), and 73.1350(a) of the Commission's rules (Rules), by failing to maintain a management or staff presence at the Stations' main studio, by failing to maintain a local telephone number in its community of license or a toll-free number for either station, by failing to make the Stations available for inspection, and by failing to operate Station KZMX-FM in accordance with the terms
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- June 6, 2012 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of three thousand five hundred dollars ($3,500) to Super W Media Group, Inc. (Super W or the Licensee), licensee of Station WIPC, in Lake Wales, Florida, for willful and repeated violation of Section 73.1350(a) of the Commission's rules (Rules). The noted violations involved Super W's failure to operate its Station in accordance with the terms of its station authorization. II. BACKGROUND On February 28, 2012, the Enforcement Bureau's Tampa Office (Tampa Office) issued a Notice of Apparent Liability for Forfeiture and Order (NAL) to Super W for its failure to change power/operating mode at
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- (3/27/00). Apollo Transportation, Inc., Yonkers, NY. New York, NY (3/31/00). 47 (EAS) Rules) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. §§ 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. §§ 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. § 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. 16570 47 Key West Education B/C Foundation, Key West, FL. NOV
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- (3/27/00). Apollo Transportation, Inc., Yonkers, NY. New York, NY (3/31/00). 47 (EAS) Rules) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. §§ 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. §§ 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. § 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. 16570 47 Key West Education B/C Foundation, Key West, FL. NOV
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- some time in early July 2000. The FCC inspection of the station on March 24, 1999 found excessive field intensity at 4 out of 5 nighttime monitoring points. 7. Section 73.62(b)(3) states that ``If any monitoring point exceeds its specified limit, the licensee must either terminate operation within 3 hours or reduce power in accordance with the applicable provisions of §73.1350(d), in order to eliminate any possibility of interference or excessive radiation in any direction.'' During the inspection on August 4, 2000, the measured field intensity at 4 out of 5 designated nighttime monitoring points exceeded the maximum allowed under the station's authorization. According to KIRL station engineer, Jack Leverich, the nighttime power must be lowered to 55% of authorized to
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- 1999, agents from the Federal Communications Commission's ( Commission) Enforcement Bureau, Tampa District Office, conducted field strength measurements and monitored broadcast times of radio station WKLN, 1170 kHz, St. Augustine, Florida. On May 4, 1999, agents inspected radio station WKLN. The monitoring and inspection revealed several violations of the Commission's Rules, including violations of 47 C.F.R. Sections 73.99(d)(1), 73.99(e), 73.1560(a)(1), 73.1350(c)(1), 73.1840(a), and 11.61(a)(1)(i) and (2)(ii)(A). On June 3, 1999, an Official Notice of Violation, (NOV), was issued to Betty's Communications Companies, Inc., by the Tampa District Office. On June 18, 1999, the Tampa District Office received a written response to the NOV from Mr. Harold Osborne, General Manager of radio station WKLN, St. Augustine, Florida. In his reply to the
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- 780911AM. 47 U.S.C. § 503(b). Section 312(f)(2), 47 U.S.C. § 312(f)(2), which also applies to Section 503(b), provides: "[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 C.F.R. § 73.1350(a). The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 503(b). 47 C.F.R. §§ 0.111, 0.311, 1.80 and 73.1745. See 47 C.F.R. § 1.1914. € o ˆ ž " Ã Ú Û ì
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- OF APPARENT LIABILITY FOR FORFEITURE Released: June 27, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Cornell College, (``Cornell''), licensee of FM radio station KRNL-FM, Mt. Vernon, Iowa, apparently liable for forfeiture in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 73.1350(b)(2) of the Commission's Rules (``Rules'') and willful violation of Section 73.3527(c) of the Rules. Specifically, we find Cornell College apparently liable for failing to maintain transmitter control and failing to make available the station's public inspection file. BACKGROUND On March 18, 2003, an agent from the FCC Enforcement Bureau's Kansas City Office conducted an inspection of KRNL-FM. At the time
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- No. 200332360003 Canton, Ohio ) ) FRN: 0007-96-0818 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 30, 2002 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Melodynamic Broadcasting Corporation, (``Melodynamic''), licensee of radio station WCER, Canton, Ohio, has apparently violated Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Commission's Rules (``Rules'')1. Respectively, these sections require that the station respond to Commission communications; maintain a copy of the Emergency Alert System (EAS) handbook; maintain a record of the dates of commencement and termination of power determination by the indirect method; maintain a record of the efficiency factor F for each mode of operation;
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- WYGG ) Uniondale, New York ) FRN: 0007-5125-28 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 30, 2002 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Minority Business and Housing Development, Inc. (``Minority Business''), the licensee of radio station WYGG, has apparently violated Sections 11.35(a) and 73.1350(a) of the Commission's Rules (the ``Rules''). These sections respectively, require that the station have installed an operational EAS system, and that the station operate in accordance with the terms of the station authorization. We conclude that Minority Business is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND On February 20, 2002, the Philadelphia
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- ) ) File Number: EB-01-SF-468 ) NAL/Acct. No. 200232960001 ) FRN 0003-7254-54 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 30, 2002 By the District Director, San Francisco Office, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Clarke Broadcasting Corporation (``Clarke''), licensee of station KTIQ, Merced, California, apparently willfully violated Sections 73.1350(a) and (c), and 73.1400 of the Commission's Rules ("Rules") by failing to provide adequate transmitter control. We further find that Clarke apparently willfully and repeatedly violated 73.1560(a) and 73.1745(a) of the Rules by failing to maintain proper authorized power. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Clarke is apparently liable for
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- File Number: EB-01-DV-003 ) NAL/Acct. No. 200232800007 ) FRN 0005-0019-46 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 14, 2002 By the District Director, Denver Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that King Broadcasting Company ("King"), licensee of station KBIM, Roswell, New Mexico, apparently willfully violated Sections 73.49, 73.1350 and 73.1400 of the Commission's Rules ("Rules") by failing to provide an effective enclosure for the station's antenna structure and failing to establish monitoring procedures to ensure compliance with authorized operating power, mode of operation and AM directional system parameters. We further find that King apparently willfully and repeatedly violated 73.1560 of the Commission's Rules1 by exceeding nighttime power levels
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- File Number: EB-00-DV-495 ) NAL/Acct. No. 200232800014 ) FRN 0006-1600-48 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 28, 2002 By the District Director, Denver Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ramh Corporation ("Ramh"), licensee of station KDEF in Albuquerque, New Mexico, apparently willfully violated Sections 73.1125, 73.1350 and 73.1400 of the Commission's Rules ("Rules") by failing to maintain a main studio presence, and failing to establish monitoring procedures to ensure compliance with authorized operating power, mode of operation and AM directional system parameters. We further find that Ramh apparently willfully and repeatedly violated Section 73.1560 of the Rules, by exceeding nighttime power levels and operating with an
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- we find L.T. Simes II & Raymond Simes (``Simes''), licensee of FM radio station KAKJ, Marianna, Arkansas, and owner of unregistered antenna structure located at 34° 47' 20'' North latitude by 090° 47' 08'' West longitude near Marianna, Arkansas, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for willful violation of Sections 11.35(a), 17.4(a), and 73.1350(a) of the Commission's Rules (``Rules''). Specifically, we find L.T. Simes II & Raymond Simes apparently liable for failing to ensure Emergency Alert System (``EAS'') equipment was installed and operational, failing to register their antenna structure with the Commission, and failing to construct the transmitter site and antenna structure at its licensed geographical coordinates. II. BACKGROUND 2. On May 22, 2002,
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- Norfolk Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that Truth Broadcasting Corp. (``Truth''), licensee of AM radio station WTOB, Winston-Salem, North Carolina, and owner of antenna structures used as part of station WTOB located at 36º 08' 53" North Latitude by 080º 19' 11" West Longitude, willfully and repeatedly violated Sections 17.4(a), 73.49, and 73.1350(a) of the Commission's Rules. Truth failed to register its antenna structures, failed to enclose three of its antenna towers within an effective locked fence or other enclosure, and failed to operate in accordance with the terms of the station authorization in that the station exceeded authorized field strength limits. We conclude that Truth is apparently liable for forfeiture in the
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- copy of this Notice Of Apparent Liability shall be sent by regular mail and Certified Mail Return Receipt Requested to Atlantic Beach Radio, Inc., c/o Putbrese, Hunsaker & Trent, P.O. Box 217, Sterling, VA 20167. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office 47 C.F.R §§ 11.35 and 73.1745. See 47 C.F.R. §§ 11.35(a)-(b). See 47 C.F.R. §§ 73.1350 and 73.1400. 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', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate
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- NAL/Acct. No.200232480012 FRN 0004-9860-22 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 8, 2002 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Farnell O'Quinn, licensee of radio station WUFF, Eastman, Georgia, apparently liable for a forfeiture in the amount of four thousand dollars ($4,000) for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules''). We find Farnell O'Quinn apparently liable for failure to operate in accordance with the terms of the station authorization. Specifically, WUFF's transmitter site is not located at its licensed geographical coordinates. II. BACKGROUND On June 11, 2002 an agent of the Federal Communications Commission (``FCC'') Enforcement Bureau's Atlanta Field Office (``Field Office'') inspected the WUFF
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- four antenna structures associated with the KGGF directional operation. In addition, the station was not receiving EAS tests from one monitoring source. On May 7, 1998, the Kansas City Office issued a Notice of Violation (``NOV'') to KGGF-KUSN, Inc. for violations detected during the May 1, 1998 inspection of KGGF. The NOV specifically cited 47 C.F.R. §§ 11.17, 11.35(a), 73.1225(c), 73.1350(c), 73.1350(d), 73.1560(a) and 73.1870(c)(3). On May 18, 1998, a reply was received to the NOV from KGGF-KUSN, Inc. President, John B. Mahaffey. In that reply, Mr. Mahaffey stated that station personnel were unaware that the station was required to receive two EAS weekly tests and that they would follow up with each of the monitoring sources if they do not
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- to transmit and log the required EAS tests, and failed to make the appropriate entries in the broadcast station log detailing the cause of the failure to receive the required EAS tests and activations. Did not have a remote control system at the main studio able to provide sufficient transmission system monitoring and control capability to ensure compliance with Section 73.1350 of the Rules. Failed to maintain a station log. Other violations noted during the inspection of WGEZ were that the station: Did not have descriptions and diagrams documenting the measurement of the antenna resistance on file at the station. Did not have the station authorization posted and readily available at the station. Did not have the capability for the transmitter
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- ) Huntington, West Virginia ) NAL/Acct. No. 200132360003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 21, 2001 By the District Director, Detroit Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''), the licensee of WCMI(AM), licensed to Ashland, Kentucky, has apparently violated Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1) and 73.3526(e)(12) of the Commission's Rules (``Rules''). Respectively, these Rules require a copy of the most recent antenna impedance measurements be made available upon request by representatives of the FCC, WCMI(AM) be operated according to the terms of the station authorization, a construction permit be filed for modification of transmission system facilities, and, a copy of the current
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- KYOO-FM ) EB-00-KC-194 Bolivar, Missouri 65613 ) NAL/Acct.No. 20013256-001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 31, 2001 By the Enforcement Bureau, Kansas City Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that KYOO Communications, licensee of station KYOO (AM), Bolivar, Missouri, and KYOO-FM, Half-Way, Missouri, has apparently violated sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Commission's Rules (``Rules'') for failure to maintain operational Emergency Alert System (``EAS'') equipment, for failure to clean and repaint the KYOO antenna structure as often as necessary to maintain good visibility, for failure to monitor and control the KYOO transmitter and for failure to maintain station logs. We conclude that KYOO Communications is apparently liable for
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- FORFEITURE Released: September 30, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Hunt Broadcasting Group, Inc. (``Hunt''), licensee of radio stations KPWB AM and FM, Piedmont, Missouri, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for willful violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6) and 73.3526(e)(12) of the Commission's Rules (``Rules''). Specifically, we find Hunt apparently liable for failure to provide an effective locked fence enclosing the base of the station's AM antenna, failure to provide transmitter control and monitoring capabilities, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain all required items in the station's
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- maintained a manager responsible for accounts receivable and a receptionist. All station operation, other than accounts receivable, were under the direction and oversight of Wilks. On June 18, 2001, FCC Kansas City issued an NOV to Two Rivers for the violations detected during the May 29, 2001, inspection. Violations included 47 C.F.R. §§ 11.61(a)(2), 11.35(a), 17.47(a)(1), 17.47(a)(2), 17.47(a)(3), 17.48(a), 17.49(a-d), 73.1350(c)(1), 73.1350(c)(2), 73.1800(a), 73.1820(a), 73.1820(a)(1), 73.1820(a)(1)(iii), and 73.1870(c)(3). On June 6, 2001, Two Rivers submitted documentation supporting their claim that they were the owners of antenna structure #1028734. The structure was acquired by Two Rivers as part of an asset exchange agreement dated March 7, 2000. Two Rivers made application to the FCC on June 6, 2001 to have the ownership
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- ) NAL/Acct No. 200132940002 1445 West Baseline Rd. ) Case No. EB-00-SD-295 Phoenix, AZ 85041 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 15, 2001 Released: February 15, 2001 By the Enforcement Bureau: San Diego Office INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find KASA Radio Hogar, Inc. (Hogar) has apparently violated Sections 73.54(d), 73.1350(c)(1), 73.1590(a)(6) and 73.3526(a)(2) of the Commission's Rules and Regulations (Rules), by failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection, failure to have the proper monitoring equipment installed at the duty operator position, failure to conduct annual equipment performance measurements and failure to maintain a Public Inspection File. We conclude that Hogar is
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- at least once a week to determine if required entries are being made correctly and verify that the station has been operating as required by the Commission's rules and the station's authorization. Based on the evidence before us, we find that on January 17 and 18, 2001, Palouse Country, Inc., licensee of station KMAX (AM) willfully and repeatedly violated Sections 73.1350(a), 73.1400(a)(1)(ii), and 73.1560(a) of the Commission's Rules when it operated station KMAX(AM) with excessive power during the night time mode in contravention of its station authorization and failed to connect remote control systems to provide transmitter monitoring capability to ensure compliance with the station authorization. We further find that Palouse Country, Inc., willfully and repeatedly violated section 73.1580 and 73.1870(c)(3)
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- EB-00-BS-106 WBOT ) Brockton, MA ) NAL/Acct. No. 200132260001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 8, 2001 By the District Director, Boston Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that RADIO ONE LICENSES INC. (``Radio One''), licensee and operator of WBOT (FM), Brockton, MA, apparently violated Sections 11.35(a), 73.1125(d), 73.1350(c)(1), 73.1800(a), and 73.3526(a)(2) of the Commission's Rules (the ``Rules''). The violations include failure to have operational Emergency Alert System (``EAS'') equipment, failure to conduct and log required EAS tests, failure to establish a local or toll-free telephone number in the community of license, failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power, failure to maintain
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- ) ) ) ) ) File Number EB-02-AT-100 NAL/Acct. No. 200232480004 FRN 0006-3776-00 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 18, 2002 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Radio 810 Nashville, Incorporated (``Radio 810''), licensee of radio station WMGC, Murfreesboro, Tennessee, willfully violated Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Commission's Rules (``Rules''). Specifically, Radio 810 failed to maintain properly calibrated indicating instruments, failed to terminate broadcast operation as required when the station operated in non-compliance with the technical rules, and exceeded the authorized transmitter power by failing to reduce power at sunset. The violations of Sections 73.1350(d)(2) and 73.1745(a) also are repeated violations. We conclude
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- EB-01-DV-435 ) NAL/Acct. No. 200232800005 ) FRN 0005-0081-23 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 31, 2002 By the District Director, Denver Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Mount Rushmore Broadcasting, Inc., ("Rushmore") licensee of station KZMX, in Hot Springs, South Dakota, apparently willfully violated Sections 73.1350 and 73.1400 of the Commission's Rules ("Rules")1 by failing to establish monitoring procedures and schedules to determine compliance with operating power and modulation levels and failing to have positive on/off control of the transmitter. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),2 that Rushmore is apparently liable for a forfeiture in the amount
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- which applies to Section 503(b) of the Act, provide that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act....'' See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 C.F.R. § 73.1350 and 74.1400. The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80, 73.1560(a). 47 C.F.R. § 1.1914. Pursuant to 47 C.F.R. §§ 0.314(j) and 73.1835 of
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Jarad Broadcasting Company of Westhampton, Inc. (``Jarad''), licensee of radio station WDRE. On October 15, 2003, agents of the Commission's New York Office inspected the transmitting facilities of radio station WDRE, located near Kimberly Ct., Manorville, New York, and observed the following violation: 47 C.F.R. §73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' The license for station WDRE authorizes Jarad to operate with an antenna radiation center above ground level (RCAGL) of 40 meters. However, Jarad was
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Jarad Broadcasting Company of Calverton, Inc. (``Jarad''), licensee of radio station WXXP. On October 15, 2003, agents of the Commission's New York Office inspected the transmitting facilities of radio station WXXP, located near Kimberly Ct., Manorville, New York, and observed the following violation: 47 C.F.R. §73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' The license for station WXXP authorizes Jarad to operate with an antenna radiation center above ground level (RCAGL) of 90 meters. However, Jarad was
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- District Director, New Orleans Office, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to First Natchez Corporation, licensee of FM radio station WQNZ. On November 12, 2003, agents of the Commission's New Orleans Office inspected radio station WQNZ located at Natchez, Mississippi, and observed the following violations: 47 C.F.R. § 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' The station authorization for WQNZ states that the station should produce 35,000 watts into a six-bay antenna system in order to produce its required
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- New York ) ) FRN: 0003 5063 18 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 19, 2004 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Jarad Broadcasting Company of Calverton, Inc. (``Jarad''), the licensee of radio station WDRE, has apparently violated Section 73.1350(a) of the Commission's Rules (the ``Rules''), by operating with an excessive antenna height. This section requires that a licensee operate its broadcast station in accordance with the terms of the station authorization. We conclude that Jarad is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. BACKGROUND On September 26, 2003, the FCC New York
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- New York ) ) FRN: 0004 9288 34 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 20, 2004 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Jarad Broadcasting Company of Westhampton, Inc. (``Jarad''), the licensee of radio station WBON-FM, has apparently violated Section 73.1350(a) of the Commission's Rules (the ``Rules''), by operating with an excessive antenna height. This section requires that a licensee operate its broadcast station in accordance with the terms of the station authorization. We conclude that Jarad is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. BACKGROUND On September 26, 2003, the FCC New York
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- quarter October-December, April 10 for the Quarter January-March, etc.). At the time of the inspection of the public file no current issues/programs list was found. The last issues/programs list found in the file was dated 3/26/1997. As part of the response to this notice, a copy of the first quarter of 2004 issues/programs list shall be provided. 47 C.F.R. § 73.1350(c): The licensee must establish monitoring procedures and schedules for the station. The station did not have monitoring procedures or schedules established. 47 C.F.R. § 73.1350(c)(2): Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. At the time of inspection calibration procedures and schedules had not been established.
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- and 55676 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 20, 2004 By the District Director, Seattle Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Reier Broadcasting Company Inc. (``RBC''), licensee of FM radio broadcast stations KOBB-FM and KZLO-FM in Bozeman, Montana, has apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's Rules (``Rules'') by relocating stations KOBB-FM and KZLO-FM prior to obtaining Commission authority. We also find that RBC has apparently willfully and repeatedly violated Section 73.1560(b) by failing to operate stations KOBB-FM and KZLO-FM in accordance with the stations' authorized power. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that
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- radio station WCHR. On May 14, 2004, an agent of the Commission's New York Office inspected radio station WCHR, licensed to Flemington, New Jersey, and observed the following violation(s): 47 C.F.R. § 73.62(b)(3): ``If any monitoring point exceeds its specified limit, the licensee must either terminate operation within 3 hours or reduce power in accordance with the applicable provisions of 73.1350(d), in order to eliminate any possibility of interference or excessive radiation in any direction.'' During the inspection and while in daytime operation, the field strength of the 50 degree radial monitoring point was found to be 58 mV/m. This is 120.8 % of the maximum field strength value listed on the license. 47 C.F.R. § 73.1820(a)(1)(iii): ``Entries must be made
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- that the marking and lighting on the antenna structure did not conform to FAA painting and lighting recommendations specified on the Antenna Structure Registration. The FAA recommended that Montrose paint the antenna structure for daytime marking and operate red obstruction lighting for nighttime illumination. However, the antenna structure had a dual lighting system and was not painted. 47 C.F.R. § 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' A discrepancy exists between the antenna structure coordinates and overall height antenna height specified on the license for station WPGM and those specified on the
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- EB-05-OR-006 NAL/Acct. No. 200532620004 FRN 0011734290 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 9, 2005 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that David M. Loflin, licensee of low power television station WKNI-LP/W49BM, in Andalusia, Alabama, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's Rules (``Rules'') by failing to operate the station in accordance with the terms of its station authorization. From approximately January 1, 2005 until January 21, 2005, the station operated on TV channel 25 instead of its assigned TV channel 49. We conclude, pursuant to Section 503(b) of the Act, that Mr. Loflin is apparently liable for a
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- which also applies to violations for which forfeitures 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.'' 47 C.F.R. § 73.1350(a). 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, 1.80, 73.1745(a) 8See 47 C.F.R. § 1.1914. (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission $ - " ( @ A C S Y y • - -
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- in paragraphs (a)(1) and (a)(2) of this section.'' At the time of inspection, the station had no record of any RMT transmissions after November, 2004. Form 854 upon any change in structure height or change in ownership information.'' The antenna structure registration database did not contain the current contact telephone number or the correct antenna structure address. 47 C.F.R. § 73.1350: ``(a) Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization...(b)(2) [t]he transmitter control personnel must have the capability to turn the transmitter off at all times...(c) [t]he licensee must establish monitoring procedures and
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- Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules, to Willis Broadcasting Corporation, licensee of radio station WBTE(AM). On March 14, 2005, an agent of the Commission's Norfolk Office of the Enforcement Bureau inspected radio station WBTE(AM) located in Windsor, North Carolina and observed the following violations: 47 C.F.R. § 73.1350: ``(a) Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization...(c) [t]he licensee must establish monitoring procedures and schedules for the station...'' Although the Commission authorized Station WBTE(AM) to broadcast from latitude 35º 58'
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- located in Kinston, North Carolina, and observed the following violations: a. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' The station failed to make Required Monthly Tests and conducted only two Required Weekly Tests from January 1, 2005 to March 9, 2005 b. 47 C.F.R. § 73.1350(b)(2): ``The transmitter control personnel must have the capability to turn the transmitter off at all times''. At the time of inspection, transmitter control personnel were unable to turn the transmitter off from the main studio remote control location. c. 47 C.F.R. § 73.1560(b): ``...[T]he transmitter output power of an FM station...must be maintained as near as practicable to the authorized
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- § 17.57: ``The owner must also immediately notify the Commission using FCC Form 854 upon any change in structure height or change in ownership information.'' ECR failed to notify the Commission of a change in ownership information by not updating its antenna structure registration to reflect its current contact telephone number and its correct antenna structure address. 47 C.F.R. § 73.1350: ``(a) Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization...(b)(2) [t]he transmitter control personnel must have the capability to turn the transmitter off at all times...(c) [t]he licensee must establish monitoring procedures and
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- located in Kinston, North Carolina, and observed the following violations: a. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' The station failed to make Required Monthly Tests and conducted only two Required Weekly Tests from January 1, 2005 to March 9, 2005. b. 47 C.F.R. § 73.1350(b)(2): ``The transmitter control personnel must have the capability to turn the transmitter off at all times.'' At the time of inspection, transmitter control personnel were unable to turn the transmitter off from the main studio remote control location. c. 47 C.F.R. § 73.1560(d): ``In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate
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- 6:41 PM. In addition, the station failed to document or investigate its missed required monthly test (``RMT'') transmissions. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' At the time of inspection, the station had no record of any RMT transmissions after December 2004. 47 C.F.R. § 73.1350(c): ``The licensee must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with §73.1215. (1) Monitoring procedures and schedules must enable the licensee to determine compliance with §73.1560 regarding operating power and AM station mode of operation, §73.1570 regarding modulation levels, and, where applicable, §73.1213 regarding antenna tower lighting, and §73.69 regarding the parameters
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- Number EB-05-SJ-015 NAL/Acct. No.200532680002 FRN 0010628246 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 24, 2005 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Family Educational Association Inc. (``Family''), licensee of station WPLI, in Levittown, Puerto Rico, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's Rules (``Rules'') by failing to operate the station in accordance with the terms of the station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Family is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). BACKGROUND On April 21, 2005, agents from the Commission's
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- ) ) ) EB-05-SJ-010 NAL/Acct. No.: 200532680004 FRN:0008555625 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 7, 2005 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that West Coast Broadcasting (``West Coast''), licensee of station WNNV(FM) in San German, PR, apparently willfully violated Section 73.1350(a) of the Commission's Rules (``Rules'') by failing to maintain the transmitter output power of its FM station as near as practicable to its authorized power. We also find that West Coast apparently willfully and repeatedly violated Section 73.1560(b) of the Rules by failing to operate WNNV(FM) in accordance with the terms of its station authorization. We conclude, pursuant to Section
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- LIABILITY FOR FORFEITURE Released: October 05, 2005 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Southern Media Group, Inc. (``Southern Media''), licensee of stations WBZH(FM), in Harriman, Tennessee, WWSR(FM), in Rockwood, Tennessee, and WOFE(AM) in Rockwood, Tennessee, apparently willfully and repeatedly violated Sections 11.35(a), 73.1350(a), 73.1620(a)(2), and 1.903 of the Commission's Rules (``Rules'') by failing to maintain Emergency Alert System (``EAS'') equipment in operational condition, failing to file FCC Form 302-FM (``license application'') requesting program test authority (``PTA'') prior to operating its station with a directional antenna, and failing to operate within the terms of the station's broadcast and studio transmitter link (``STL'') authorizations. We
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- (``A Radio''), licensee of AM radio station WEGA, in Vega Baja, Puerto Rico, apparently willfully violated Sections 73.49 and 73.3526(e) of the Commission's Rules (``Rules'') by failing to enclose an antenna tower having radio frequency potential at the base within an effective locked fence and failing to maintain a complete public inspection file and apparently willfully and repeatedly violated Section 73.1350(a) of the Rules by failing to operate the station in accordance with the terms of the station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that A Radio is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). BACKGROUND On August 25, 2005, in response to a complaint,
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- This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Atlantic Coast Radio, LLC, licensee of AM radio station WLOB in Portland, Maine. On September 14, 2005, an agent of the Commission's Boston Office inspected radio station WLOB located at 779 Warren Avenue Portland, Maine, and observed the following violation: 47 C.F.R. § 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' Field strength measurements made during the inspection of the monitoring points along the 265 and 280 degree radials used during night operation exceeded the
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- the commission or omission of any act, 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 regulation of the Commission authorized by this Act....'' See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 C.F.R. § 73.1560(b). See, e.g., 47 C.F.R. §§ 73.1350(c) (licensees must establish monitoring procedures and schedules for the station); 73.1870(c)(3) (chief operator must review station records at least once each week to determine if required entries are being made correctly and verify that the station has been operated as required). In its response to the NOV, the station's contract engineer stated that the chief operator now reviews and signs
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- used with reference to the commission or omission of any act, 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 regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). See, e.g., 47 C.F.R. §§ 73.1350(c) (licensees must establish monitoring procedures and schedules for the station); 73.1870(c)(3) (chief operator must review station records at least once each week to determine if required entries are being made correctly and verify that the station has been operated as required). 47 C.F.R. § 73.3526(a). See 47 C.F.R. § 73.3526(b). See 47 C.F.R. § 73.3526(c)(1). 47 C.F.R. §§ 73.1560(a)(1) and
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- than 10 watts must be maintained as near as practicable to the authorized transmitter output power and may not be less than 90% nor more than 105% of the authorized power.'' Based on the agent's calculation of the station indirect power, the transmitter power output of station WCOZ was 108.0 percent of the authorized transmitter power output. 47 C.F.R. § 73.1350(c)(2): ``Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy.'' During the inspection, the agent determined that Smith and Fitzgerald, Partnership, failed to calibrate its remote monitoring system so that it provided reliable indications of the transmitter's plate current. The WCOZ telephone remote monitoring system provided a plate
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- Station WCBS-FM ) NOV No. V20063238019 ) NOTICE OF VIOLATION Released: March 17, 2006 By the District Director, New York Office, Northeast Region, Enforcement Bureau: , licensee of radio station WCBS-FM, New York, NY. On February 16 and 22, 2006, an agent of the Commission's New York Office inspected radio station WCBS-FM, and observed the following violation: 47 C.F.R. § 73.1350(c)(2): ``Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy.'' During the inspection, the agent determined that WCBS-FM failed to calibrate its remote monitoring system so that it provided reliable indications of the transmitter's plate voltage. The station's remote monitoring system indicated a plate voltage value that was
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- 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 C.F.R. § 73.3526(e). See 47 C.F.R. § 73.3526(e)(12). 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, 73.49, 73.1350(a), 73.3526(e). 8See 47 C.F.R. § 1.1914. (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission $ hH Æ # | Š hH F ¦ (R) µ H ü ¦
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- Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Hacienda San Eladio, Inc. (``Hacienda''), licensee of AM radio station WRRE, in Juncos, Puerto Rico, apparently willfully violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a complete public inspection file and apparently willfully and repeatedly violated Section 73.1350(a) of the Rules by failing to operate the station in accordance with the terms of the station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Hacienda is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). BACKGROUND On February 8, 2006, agents from the Commission's San Juan
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- was monitoring only one of the assigned EAS sources. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' There was no evidence that required monthly EAS tests are being conducted and no evidence that required weekly tests were conducted prior to February 10, 2006. 47 C.F.R. § 73.1350 (c)(2): ``Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. At the time of inspection there was no evidence that the station was conducting periodic calibration of monitoring equipment. 47 C.F.R. § 73.1590: ``(a) The licensee of each AM, FM, TV and Class A TV station ...
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- ) ) ) ) File Number: EB-06-TP-119 NAL/Acct. No.:200732700003 FRN: 0002834810 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 25, 2006 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cumulus Licensing, LLC (``Cumulus''), licensee of station WWLD, Cairo, GA, apparently willfully violated Sections 73.1350(b)(2) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain a control system that provides personnel the capability to continuously control the transmitter and failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Cumulus is apparently liable for a forfeiture in the amount
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- WSNR and observed that, although WSNR retransmitted the EAS codes and Attention Signal, it did not retransmit the required Test Script (spoken announcement) during its November Required Monthly Test received from its LP-1 monitoring source, WABC. The agent also had monitored WABC and confirmed that WABC properly transmitted the entire Required Monthly Test, including the Test Script. 47 C.F.R. § 73.1350(c)(2): ``Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy.'' During the inspection, the agent determined that WSNR failed to calibrate its remote monitoring system so that it provided reliable indications of the transmitter's common point current. The station's remote monitoring system indicated a common point current value
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- 200732960002 FRN: 0013789524 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 22, 2006 By the District Director, San Francisco Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Del Rosario Talpa, Inc. (``Del Rosario Talpa''), licensee of broadcast station KNCR (AM), in Fortuna, California, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's Rules (``Rules'') by operating station KNCR at an unauthorized location. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Del Rosario Talpa is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND coordinates of the current location of the KNCR transmitter at 2200 Smith
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- Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cumulus Licensing, LLC (``Cumulus''), licensee of station WHBX, Tallahassee, Florida, apparently willfully violated Section 73.3526 of the Commission's Rules (``Rules'') by failing to make available a complete public inspection file. We also find that Cumulus apparently willfully and repeatedly violated Sections 11.35(a) and 73.1350(b) of the Rules by failing to maintain an Emergency Alert System (``EAS'') capable of transmitting an EAS test and failing to maintain a control system that provides personnel the capability to control continuously the transmitter. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Cumulus is apparently liable for a forfeiture in the
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- Actual reading .230 Licensed value .275 Percent deviation 16.0 % The relative phase current observed for tower #2 during day operation and towers #2 and #4 for night operation exceeded the authorized value as follows: Tower #2 (Day) Tower#2 Tower#4 (Night) Actual reading +139 -152 +154 Licensed value +145 -158 +144 Deviation in degrees 6.0 6.0 10.0 47 C.F.R. § 73.1350 (a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part (73.61) and in accordance with the terms of the station authorization. Field strength measurements conducted at the monitoring point along the 254 degree radial for night operation exceeded the maximum authorized value by
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- EB-06-DL-075 NAL/Acct. No.: 200732500003 FRN: 0003773140 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 30, 2007 By the Dallas District Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Community Broadcast Group, Inc., (``Community'') licensee of AM Broadcast Radio station KZEY, in Tyler, Texas, apparently willfully and repeatedly violated Sections 73.1350(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to operate the station in accordance with the station authorization and failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Community is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000).
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- EB-06-PO-145 NAL/Acct. No.: 200732920001 FRN: 0003780053 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 21, 2007 By the Resident Agent, Portland Resident Agent Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Larson-Wynn, Inc. (``Larson-Wynn''), licensee of broadcast station KODL(AM), in The Dalles, Oregon, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's Rules (``Rules'') by operating station KODL at an unauthorized location. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Larson-Wynn is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND On October 27, 2006, in response to a complaint, an agent from the Enforcement
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- locked fences or other enclosures. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Perreira is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). We also issue to Perreira a Notice of Violation for failing to operate KIGS within the terms of its license, a violation of Sections 73.1350(a) and 73.1745(a) of the Rules. BACKGROUND On August 29, 2006, an agent from Enforcement Bureau's San Francisco Office inspected the antenna towers used by Perreira to broadcast KIGS. KIGS utilizes two antenna towers to broadcast its signal: antenna structure # 1016446, and antenna structure # 1016447. According to its license, the KIGS antenna towers are series fed and, therefore, are
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- Number: EB-05-TP-452 NAL/Acct. No.: 200732700013 FRN: 0005008016 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 6, 2007 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Rama Communications, Inc. (``Rama''), licensee of station WKIQ, in Eustis, Florida, apparently willfully and repeatedly violated Sections 73.1125(a), 73.1350(b)(2) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain full-time managerial and staff personnel at the main studio during normal business hours, failing to maintain the continuous ability to turn its transmitter off, and failing to maintain a complete public inspection file at its main studio. We conclude, pursuant to Section 503(b) of the Communications Act of 1934,
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- Commission's New York Office inspected WDDM's main studio in Edison, New Jersey and transmitter site in Holmdel, New Jersey, and observed the following violations: 47 C.F.R. § 73.1800(a): ``The licensee of each station must maintain a station log as required by § 73.1820.'' At the time of inspection, the required station log was not available for inspection. 47 C.F.R. § 73.1350 (b)(2): "The transmitter control personnel must have the capability to turn the transmitter off at all times.'' On May 11, 2007, the station owner stated that the station's method for turning off the transmitter was to disconnect the telephone line transmitting audio to the transmitter. This method eliminated the modulation, but did not turn off the unmodulated carrier and therefore
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- of the license in the public inspection file. The station had only the first page of the license application posted on the wall, which the General Manager incorrectly identified as being their station license. The General Manager was unable to provide a copy of the station's monitoring points, which is also part of the station authorization. c. 47 C.F.R. § 73.1350(c)(1) & (d)(3): Licensees must establish monitoring procedures and schedules for the station. The station could not provide a copy of the monitoring points and had no directional antenna monitor installed at the station. The licensee had no evidence that it had established monitoring procedures or schedules for the station's transmission system. d. 47 C.F.R. § 73.1870(c)(3): The chief operator is
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- of Apparent Liability for Forfeiture (``NAL''), we find that Minority Business & Housing Development, Inc. (``MBHD''), licensee of FM radio station WYGG in Asbury Park, New Jersey, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules), by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that MBHD is apparently liable for forfeiture in the amount of twenty-five thousand dollars ($25,000). We also
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- tower base for meter reading and maintenance purposes at all times. However, individual tower fences need not be installed if the towers are contained within a protective property fence.'' Although there was an effective locked fence, there was no ready access to the bases of the two array antenna structure, due to significant weed and grass overgrowth. 47 C.F.R. § 73.1350(a): Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' During the inspection, the licensee admitted that it could not adjust the transmitter power levels for the past two months. Accordingly, the station has
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- Director, Philadelphia Office, Northeast Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Word of God Fellowship, Inc, licensee of television translator station WELL-LP in Philadelphia, Pennsylvania. On January 11, 2008, an agent of the Commission's Philadelphia Office monitored television station WELL-LP and observed the following violation: 47 C.F.R. §73.1350(a): "Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' On January 11, 2008, the agent observed that Word of God Fellowship, Inc. was operating station WELL-LP on both Television Channel 8 and Television
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- ) File Number EB-07-OR-141 NAL/Acct. No. 200832620003 FRN 0010301059 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 22, 2008 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Frank Rackley, Jr., licensee of station WNBN-AM, in Meridian, Mississippi, apparently willfully and repeatedly violated Sections 73.1350(a) and 73.1745(a) of the Commission's Rules (``Rules'') by operating from an unauthorized location and operating at a power level in excess of that authorized by his license. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Mr. Rackley is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND
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- maintained within 3 degrees of the values specified on the instrument of authorization.'' The relative phase of tower two relative to tower one specified on the license granted February 5, 1999 is 136 degrees; whereas the observed value during the inspection on June 18, 2008 was 132.2 degrees, a difference of 3.8 degrees exceeding the allowed tolerance. 47 C.F.R. § 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' The Station Authorization for station KROD specifies a specific number of buried copper radials. During the inspection, there was evidence that parts of several
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- the following violations: 47 C.F.R. § 73.1226(a): ``Station records and logs shall be made available for inspection or duplication at the request of the FCC or its representative. ...'' At the time of inspection, station records and logs including tower light logs (see 73.1820(a)(1)(i) and logs concerning Emergency Alert System (see 73.1820(a)(1)(iii) were not available for inspection. 47 C.F.R. § 73.1350(c): ``The license must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with §73.1215.'' At the time of inspection, the station's representative stated the station did not have monitoring procedures or schedules. 47 C.F.R. § 73.1400: ``The licensee of an AM, FM, TV, or Class A TV station is responsible for assuring that at
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- mail, to Black Crow Radio, LLC, at its address of record and to its counsel, David G. O'Neil, Rini Coran PC, 1615 L Street NW, Suite 1325, Washington, DC 20036. FEDERAL COMMUNICATIONS COMMISSION Ralph Barlow District Director Tampa Office South Central Region Enforcement Bureau 47 C.F.R. §§ 11.35 (a), 73.44(b), 73.49, 73.3526. 47 U.S.C. § 503(b). See 47 C.F.R. § 73.1350(d) (if not in compliance with the technical rules or the station authorization, and the condition is not listed in Section 73.1350(e) of the Rules, broadcast operation must be terminated within three hours). 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
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- of inspection, the broadcast station records contained no entries documenting the reception of the weekly tests from the local primary (LP-1) station, WABC, New York, New York, for the period October 1, 2008, through October 18, 2008. The broadcast station records contained no reasons why the weekly tests were not received from station WABC during that period. 47 C.F.R. § 73.1350(c)(2): ``Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy.'' At the time of inspection, the antenna input current meter read 4.5 amperes whereas the station authorization specifies an antenna input current to 3.65 amperes. The last calibration date on the antenna input current meter was March 1996.
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- tests of the EAS header and EOM codes at least once a week at random days and times...'' According to the station's EAS logs, WVPO failed to transmit any Required Weekly Tests between May 26, 2009 and August 4, 2009. There were no entries in the station logs indicating the reason why the tests were not conducted. 47 C.F.R. § 73.1350(c)(2): ``Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy.'' At the time of inspection, the modulation meter at the WPVO transmitter site indicated that the station's carrier wave modulation at times exceeded the 120% limit on positive peaks. The last calibration date on the modulation meter was
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- ... [h]ourly, as close to the hour as feasible, at a natural break in program offerings.'' On September 14, 2009, Believe & Achieve did not transmit the proper call sign on station WZUM at the top of the 8:00 pm hour. Instead, agents heard station WZUM transmit the call sign for the station whose programming it retransmits. 47 C.F.R. § 73.1350(b)(2): ``The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or must include an alternate method of acquiring control that can satisfy the requirement of paragraph (d) of this section that operation be terminated within 3 minutes.'' Believe
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- ownership report or certifying statements were not in the station's public inspection file. 47 C.F.R. § 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, there was no written designation posted with the station license designating the chief operator. 47 C.F.R. § 73.1350(c)(2): ``Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy.'' At the time of inspection, the antenna input current meter reading was 5.0 amperes whereas the station authorization specifies an antenna input current during critical hours of 6.82 amperes. The last calibration date on the antenna input current
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- Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Church of the Living God Ministries, licensee of non-commercial FM radio station WTKC in Findlay, OH. On August 26, 2009, agents of the Commission's Detroit Office radio station WTKC located in Findlay, OH, and observed the following violation(s): 47 C.F.R. S: 73.1350(b)(2): "The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or must include an alternate method of acquiring control that can satisfy the requirement of paragraph (d) of this section that operation be terminated within 3 minutes." Church
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- reasons why any tests were not received must be made in the broadcast log as specified in §§73.1820 and 73.1840 of this chapter for all broadcast streams...'' At the time of the inspection, there were no entries in the station log indicating why the Required Monthly and Required Weekly tests and activations were missing since December 2008. 47 C.F.R. § 73.1350(b)(2): ``The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or must include an alternate method of acquiring control that can satisfy the requirement of paragraph (e) of this section that operation be terminated within three minutes.'' At
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- determine what, if any, enforcement action is required to ensure compliance. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director Dallas District Office South Central Region Enforcement Bureau 47 C.F.R. § 1.89. See 47 U.S.C. § 73.1350(e) (requiring a broadcast station, operating in a manner likely to significantly disrupt operation of other stations or pose a threat to life or property, to terminate operation within three minutes unless antenna input power is reduced sufficiently to eliminate any excess radiation). 47 U.S.C. § 308(b). P.L. 93-579, 5 U.S.C. § 552a(e)(3). 18 U.S.C. § 1001 et seq. Federal Communications
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- determine what, if any, enforcement action is required to ensure compliance. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director Dallas District Office South Central Region Enforcement Bureau 47 C.F.R. § 1.89. See 47 U.S.C. § 73.1350(e) (requiring a broadcast station, operating in a manner likely to significantly disrupt operation of other stations or pose a threat to life or property, to terminate operation within three minutes unless antenna input power is reduced sufficiently to eliminate any excess radiation). 47 U.S.C. § 308(b). P.L. 93-579, 5 U.S.C. § 552a(e)(3). 18 U.S.C. § 1001 et seq. Federal Communications
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to HTV/HTN/Hawaiian TV Network, Ltd. (``HTV''), licensee of UHF Class A Television Station KHLU-LP in Honolulu, Hawaii. On April 12, 2011, an agent of the Enforcement Bureau's Honolulu Office inspected the KHLU-LP transmitting antenna on Palehua Ridge, Hawaii, and observed the following violation: 47 C.F.R. § 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner ... in accordance with the terms of the station authorization.'' The most recent license engineering data for KHLU-LP specifies that the antenna radiation center above ground level (``RCAGL'') is 713 meters. On-scene observations indicate that the top of the transmitting antenna is below 18 meters. Pursuant
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- Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Farmworker Educational Radio Network, Inc. ("Farmworker Radio"), licensee of radio station KMYX-FM in Arvin, California. On July 20, 2011, an agent of the Enforcement Bureau's Los Angeles Office inspected station KMYX-FM in Arvin, California, and observed the following violation: 47 C.F.R. § 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner ... in accordance with the terms of the station authorization.'' The KMYX-FM authorization lists the transmitter's location as Arvin California, with the coordinates at 35° 11' 45'' north latitude, and 118° 42' 30'' west longitude. At that time of the investigation, the transmitter's location was in
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- those locations, without specific FCC authority, but notification to the FCC in Washington shall be made promptly.'' The address of the WTZN main studio is 1233 Redington, Avenue, Troy, Pennsylvania. The license specifies that the address is 170 Redington Avenue, Troy, Pennsylvania. Cantroair failed to notify the Commission of the address change of the WTZN main studio. 47 C.F.R. § 73.1350(c)(1): ``Monitoring procedures and schedules must enable the licensee to determine compliance with §73.1560 regarding operating power and AM station mode of operation, § 73.1570 regarding modulation levels, and, where applicable, § 73.1213 regarding antenna tower lighting, and §73.69 regarding the parameters of an AM directional antenna system.'' At the time of inspection, Cantroair had not established monitoring procedures to ensure
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- 73.57(d): ``Each remote reading ammeter shall be accurate to within 2 percent of the value read on its corresponding regular ammeter.'' At the time of inspection, agents observed that the remote antenna ammeter reading was 8.30 amps and the regular antenna ammeter reading was 8.75 amps during the nighttime mode of operation, a difference of 5.14 percent. 47 C.F.R. § 73.1350(c): ``The licensee must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with §73.1215.'' At the time of inspection, there were no records that KTRB(AM) monitoring procedures and schedules were established, and that the indicating instruments were monitored. 47 C.F.R. § 73.1400: ``The licensee of an AM, FM, TV or Class A TV station
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- Enforcement Bureau: This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules to Double O Texas Corporation, licensee of radio station KELI in San Angelo, Texas. On July 6, 2011, an agent of the Commission's Dallas Office inspected radio station KELI located at San Angelo, Texas, and observed the following violation(s): 47 C.F.R. § 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station ... in accordance with the terms of the station authorization.'' Although Station KELI had obtained Special Temporary Authority to operate with reduced power, it failed to amend its operating location. Thus, at the time of inspection, Station KELI was operating temporarily from an unauthorized location. Pursuant to Section 403
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- Station WMVB's equipment performance measurements were not available at the time of inspection. 47 C.F.R. § 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, there was no written designation posted with the station license designating the chief operator. 47 C.F.R. § 73.1350(c) (2) ``Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. Errors inherent in monitoring equipment and the calibration procedure must be taken into account when adjusting operating parameters to ensure that the limits imposed by the technical rules and the station authorization are not exceeded.'' At the
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- to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), and Section 1.80 of the Commission's Rules (``the Rules'') the Enforcement Bureau ("EB") found Arnold liable for a monetary forfeiture in the amount of $14,000 for willful violation of the following sections of the Rules: 11.35 (failure to install and maintain operable Emergency Alert System (``EAS'') equipment), 73.1350 (failure to have a transmitter control system in place which would allow the transmitter to be shut down within three minutes of an event requiring shut down), 73.1820 (failure to make required entries into the station log), and 73.1870 (failure to designate and post the designation of a chief operator for the station). For the reasons discussed below, we reduce
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- years and has committed numerous other violations of the Commission's rules. The seriousness and duration of these violations, together with Family's failure to take corrective action despite repeated warnings from Commission staff, raises questions as to whether Family can be relied upon in the future to operate its stations in accordance with the Communications Act and the Commission's rules. Section 73.1350(a) of the Rules provides that ``[e]ach licensee is responsible for maintaining and operating its broadcast station ( in accordance with the terms of the station authorization.'' Section 73.1560(a) provides that the antenna input power of an AM station ``must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more
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- 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 their authorizations; D. To determine whether Family Broadcasting, Inc. willfully or repeatedly violated §73.49 of the Rules by failing to enclose WSTX(AM)'s antenna within an effective locked fence; E. To determine whether Family Broadcasting, Inc. willfully or repeatedly violated §11.35 of the
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- Liability for Forfeiture (``NAL''), we find Maria L. Salazar, licensee of radio station KTCM(FM), Kingman, Kansas, and owner of antenna structure number 1057462 near Spivey, Kansas, apparently liable for a forfeiture in the amount of thirty-nine thousand dollars ($39,000) for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 73.1350(a) and 17.51 of the Commissions Rules (``Rules''). Ms. Salazar is also apparently liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules. Specifically, we find Ms. Salazar apparently liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert
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- operating their broadcast stations within tolerances specified by applicable technical rules contained in this part and in accordance with the terms of the station authorization. Section 73.1400 of the Rules allows stations to employ various methods or levels of transmission system monitoring and supervision to preclude out-of-tolerance operation and to ensure compliance with the transmission system control requirements of Section 73.1350. At the time of the inspection, A-O's owner admitted that he did not have ongoing supervision of the transmission system by a station employee or other person designated by the licensee, did not have an automatic transmission system to alert a contact person in the event of a technical malfunction, and did not have a remote control whereby the transmission
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- September 8, 1998 and April 13, 2001. Family admits that at the time of each inspection Stations WSTX(AM) and WSTX-FM were operating at variance from the terms of their licenses and that Family did not have an STA to operate either station at variance from the terms of its authorization. The ALJ therefore found willful and repeated violations of Sections 73.1350(a), 73.1560(a), 73.1560(b), and 73.1690(b)(2). Misrepresentation and/or Lack of Candor. The ALJ also found several instances of admitted misrepresentation or lack of candor by Family. In two separate responses, for example, the licensee falsely stated that its move to an unauthorized transmitter location was due to damage to its authorized facilities from Hurricane Lenny or Hurricane Marilyn. In fact, Gerard Luz
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- Communications Act of 1934, as amended ("the Act"), and Section 1.80 of the Commission's Rules ("the Rules"), the Enforcement Bureau found KASA Radio liable for a monetary forfeiture in the amount of $15,000 for willful violation of the following sections of the Rules: 73.54(d) (failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection); 73.1350(c)(1) (failure to have the proper monitoring equipment installed at the duty operator position); 73.1590(a)(6) (failure to conduct annual equipment performance measurements); and 73.3526(a)(2) (failure to maintain a public inspection file). For the reasons stated below, we deny KASA Radio's application for review. BACKGROUND 2. On November 17, 2000, the FCC's San Diego, California Field Office ("San Diego Office") conducted an
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- review and sign station records and logs. KZPO did not have the required designations of chief operator, either posted or in its public file, and did not designate Stevens as chief operator until after the Commission's inspection. We will specify an issue to determine whether Zawila or LB willfully or repeatedly violated Sections 73.1225(c)(2), 73.1226(c)(4), 73.1870(b)(3), or 73.1870(c)(3). 110. Section 73.1350(a) of our Rules requires a licensee to maintain and operate its broadcast station in a manner that complies with the technical rules set forth in our Rules and in accordance with the terms of its station authorization. As detailed above, investigation appears to establish that station KZPO was not operating in accordance with our technical rules or its station authorization.
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Amendment of Sections 73.62 and 73.1350 of the Commission's Rules ) ) ) ) ) MB Docket No. 03-151 NOTICE OF PROPOSED RULEMAKING Adopted: July 1, 2003 Released: July 7, 2003 Comments Date: August 29, 2003 Reply Comments Date: September 18, 2003 By the Commission: INTRODUCTION We issue this Notice of Proposed Rulemaking (``Notice'') to resolve an apparent conflict between Sections 73.62 and 73.1350(d)(2) of the
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- the Enforcement Bureau issued a Forfeiture Order to Radio One, finding it liable for a monetary forfeiture in the amount of $21,500 for willful violation of the following sections of the Commission's Rules (``the Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). 3. On September 13, 2001, Radio One filed a Petition for Reconsideration of the Forfeiture Order. On January 31, 2002, the Enforcement Bureau issued a Memorandum Opinion and Order in
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- July 22, 2003 Memorandum Opinion and Order (``MO&O'') issued in this proceeding. The MO&O imposed a forfeiture of $8,000 against Radio One for willful violations of the following sections of the Commission's Rules (``the Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); and 73.1800(a) (failure to maintain a station log). 2. Radio One now asserts that its forfeiture should be cancelled because ``newly available evidence'' suggests that the Bureau applied its forfeiture policies inconsistently to the detriment of Radio One. Specifically, Radio One claims that the Bureau treated
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- operating their broadcast stations within tolerances specified by applicable technical rules contained in this part and in accordance with the terms of the station authorization. Section 73.1400 of the Rules allows stations to employ various methods or levels of transmission system monitoring and supervision to preclude out-of-tolerance operation and to ensure compliance with the transmission system control requirements of Section 73.1350. At the time of the inspection, A-O's owner admitted that he did not have ongoing supervision of the transmission system by a station employee or other person designated by the licensee, did not have an automatic transmission system to alert a contact person in the event of a technical malfunction, and did not have a remote control whereby the transmission
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- Commission: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirty-nine thousand dollars ($39,000) to Maria L. Salazar, licensee of Station KTCM(FM), Kingman, Kansas, and owner of antenna structure number 1057462 near Spivey, Kansas, for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 73.1350(a) and 17.51 of the Commission's Rules (``the Rules''). Ms. Salazar is also liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules. Specifically, we find Ms. Salazar liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert System
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- Forfeiture Order issued on April 22, 2003, and reduce the assessed forfeiture against Salazar to thirty-four thousand dollars ($34,000). The Forfeiture Order imposed a monetary forfeiture in the amount of thirty-nine thousand dollars ($39,000) against Salazar, for willfully and repeatedly violating Sections 301 and 303(q) of the Communications Act of 1934, as amended, (the ``Act'') and Sections 11.35(a), 17.51, 73.1125(a), 73.1350(a) and 73.3526 of the Commission's Rules. BACKGROUND On April 8, 2002, agents from the Commission's Kansas City, Missouri Field Office (``Field Office'') conducted an on-site investigation of Station KTCM(FM). The agents determined that Salazar was licensed to operate Station KTCM(FM) and that the license specified Kingman, Kansas as the station's community of license. However, the agents found that the station
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- Forfeiture Order issued on April 22, 2003, and reduce the assessed forfeiture against Salazar to thirty-four thousand dollars ($34,000). The Forfeiture Order imposed a monetary forfeiture in the amount of thirty-nine thousand dollars ($39,000) against Salazar, for willfully and repeatedly violating Sections 301 and 303(q) of the Communications Act of 1934, as amended, (the ``Act'') and Sections 11.35(a), 17.51, 73.1125(a), 73.1350(a) and 73.3526 of the Commission's Rules. BACKGROUND On April 8, 2002, agents from the Commission's Kansas City, Missouri Field Office (``Field Office'') conducted an on-site investigation of Station KTCM(FM). The agents determined that Salazar was licensed to operate Station KTCM(FM) and that the license specified Kingman, Kansas as the station's community of license. However, the agents found that the station
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- its tower coordinates. We also on our own motion, in light of the unique circumstances of this case, grant a waiver of Section 73.3598(e) of the Commission's rules to prevent forfeiture of the construction permit. In addition, we issue a Notice of Apparent Liability to KM for operating KWKM at variance from its authorized geographic coordinates in violation of Section 73.1350(a) of the Commission's rules. Background. On July 13, 2000, over the objections of CMA, the staff granted a modification application authorizing KM to construct at a mountain top site on a private parcel of land known as Brown Ranch (the ``2000 Permit''). KWKM's 2000 Permit was valid through December 21, 2000. As indicated above, on December 6, 2000, KM filed
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- (``petition'') filed by Maria L. Salazar (``Salazar''), licensee of Station KTCM(FM), Kingman, Kansas and owner of antenna structure # 1057462, of the Memorandum Opinion and Order (``Order'') released March 16, 2004. The Order found that Salazar failed to operate as authorized in willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 73.1350(a) of the Commission's Rules (``Rules''), failed to maintain antenna structure lighting in willful and repeated violation of Sections 303(q) of the Act and Section 17.51 of the Rules, and failed to comply with the Emergency Alert System, the main studio and the public information requirements in willful and repeated violation of Sections 11.35(a), 73.1125(a) and 73.3526 of the Rules. Based
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- financing and managerial capacity to ensure the installation and maintenance of operational EAS equipment for Stations WSTX(AM) and WSTX-FM as required by Section 11.35; To determine whether Family Broadcasting, Inc. under the direction of transferee Barbara James-Petersen will operate WSTX(AM) and WSTX-FM in accordance with the Rules, the Communications Act, and the terms of their authorizations as required by Sections 73.1350(a), 73.1560(a), 73.1560(b), and 73.1690(b); and To determine, in light of the evidence adduced pursuant to the foregoing issues, whether approval of the transfer of control application will serve the public interest. 17 FCC Rcd at 6191-92. The burdens of proceeding and proof as to each issue were assigned to Family. Id. Minority Distress Applications On February 24, 2003, Family filed
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- relied upon to operate [the station] in the future in accordance with the requirements of its licenses and the Commission's rules.'' These rule violations also constitute a pattern of abuse and thus may warrant a finding that Hammond's application for renewal of the license for Station KBKH(FM) does not meet the standard for renewal set forth in the Act. Section 73.1350(a) of the Commission's rules provides that a licensee is required to maintain and operate its broadcast station in accordance with the terms of the station authorization. It appears that, from August 26, 2002 until July 2, 2003, and from October 2004 to the present, Station KBKH(FM) operated at a site and with an antenna radiation center and power at levels
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Sections 73.62 and 73.1350 of the Commission's Rules ) ) ) ) ) MB Docket No. 03-151 REPORT AND ORDER Adopted: May 22, 2007 Released: May 25, 2007 By the Commission: INTRoDUCTION We issue this Report and Order (``Order'') to resolve a conflict between the requirements of Sections 73.62 and 73.1350(d)(2) of the Commission's rules regarding what corrective actions an AM broadcast station licensee
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- 70. Numerous rule sections that require the submission of informal letters to the Commission for various types of notifications or requests state erroneous addresses where the submissions should be sent. Accordingly, we shall amend the following rule sections to include the proper address within the Commission to which the submission should be sent: Sections 73.45, 73.54, 73.58, 73.68, 73.258, 73.561, 73.1350, 73.1560, 73.1580, 73.1750, 73.3542, 73.3544, 73.3549, 74.734, 74.751, 74.763, 74.784, 74.1231, and 74.1234. 71. We shall adopt revisions to 47 C.F.R. § 74.1235 of the Commission's rules with respect to the protection that must be afforded to and received from FM translator stations within 320 kilometers of the Canadian and Mexican borders. These revised protection requirements were promulgated in the
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- considerations and procedures in situations requiring an STA or permit temporary operation at variance without prior authorization from the FCC when notification is filed as prescribed in the particular rules. See § 73.62, Directional antenna system tolerances; § 73.157, Antenna testing during daytime; § 73.158, Directional antenna monitoring points; § 73.691, Visual modulation monitoring; § 73.1250, Broadcasting emergency information; § 73.1350, Transmission system operation; § 73.1560, Operating power and mode tolerances; § 73.1570, Modulation levels: AM, FM, TV and Class A TV aural; § 73.1615, Operation during modification of facilities; § 73.1680, Emergency antennas; and § 73.1740, Minimum operating schedule. * * * * * 29. Section 73.1660 is amended to read as follows: § 73.1660 Acceptability of broadcast transmitters. (a)
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- quarter OctoberDecember, April 10 for the Quarter JanuaryMarch, etc.). At the time of the inspection of the public file no current issues/programs list was found. The last issues/programs list found in the file was dated 3/26/1997. As part of the response to this notice, a copy of the first quarter of 2004 issues/programs list shall be provided. 2.k. 47 C.F.R. 73.1350(c): The licensee must establish monitoring procedures and schedules for the station. The station did not have monitoring procedures or schedules established. 2.l. 47 C.F.R. 73.1350(c)(2): Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. At the time of inspection calibration procedures and schedules had not been established.
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- station WCHR. 2. On May 14, 2004, an agent of the Commission's New York Office inspected radio station WCHR, licensed to Flemington, New Jersey, and observed the following violation(s): 2.a. 47 C.F.R. 73.62(b)(3): ``If any monitoring point exceeds its specified limit, the licensee must either terminate operation within 3 hours or reduce power in accordance with the applicable provisions of 73.1350(d), in order to eliminate any possibility of interference or excessive radiation in any direction.'' During the inspection and while in daytime operation, the field strength of the 50 degree radial monitoring point was found to be 58 mV/m. This is 120.8 % of the maximum field strength value listed on the license. 2.b. 47 C.F.R. 73.1820(a)(1)(iii): ``Entries must be made
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- that the marking and lighting on the antenna structure did not conform to FAA painting and lighting recommendations specified on the Antenna Structure Registration. The FAA recommended that Montrose paint the antenna structure for daytime marking and operate red obstruction lighting for nighttime illumination. However, the antenna structure had a dual lighting system and was not painted. 2.c. 47 C.F.R. 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' A discrepancy exists between the antenna structure coordinates and overall height antenna height specified on the license for station WPGM and those specified on the
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- antenna structure were extinguished. There was no record of this extinguishment. 2.d. 47 C.F.R. 17.57: ``The owner must also immediately notify the Commission using FCC Form 854 upon any change in structure height or change in ownership information.'' The antenna structure registration database did not contain the current contact telephone number or the correct antenna structure address. 2.e. 47 C.F.R. 73.1350: ``(a) Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization...(b)(2) [t]he transmitter control personnel must have the capability to turn the transmitter off at all times...(c) [t]he licensee must establish monitoring procedures and
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- station WELS-FM located in Kinston, North Carolina, and observed the following violations: a. 47 C.F.R. 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' The station failed to make Required Monthly Tests and conducted only two Required Weekly Tests from January 1, 2005 to March 9, 2005 b. 47 C.F.R. 73.1350(b)(2): ``The transmitter control personnel must have the capability to turn the transmitter off at all times''. At the time of inspection, transmitter control personnel were unable to turn the transmitter off from the main studio remote control location. c. 47 C.F.R. 73.1560(b): ``...[T]he transmitter output power of an FM station...must be maintained as near as practicable to the authorized transmitter
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- C.F.R. 17.57: ``The owner must also immediately notify the Commission using FCC Form 854 upon any change in structure height or change in ownership information.'' ECR failed to notify the Commission of a change in ownership information by not updating its antenna structure registration to reflect its current contact telephone number and its correct antenna structure address. 2.e. 47 C.F.R. 73.1350: ``(a) Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization...(b)(2) [t]he transmitter control personnel must have the capability to turn the transmitter off at all times...(c) [t]he licensee must establish monitoring procedures and
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- station WELS(AM) located in Kinston, North Carolina, and observed the following violations: a. 47 C.F.R. 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' The station failed to make Required Monthly Tests and conducted only two Required Weekly Tests from January 1, 2005 to March 9, 2005. b. 47 C.F.R. 73.1350(b)(2): ``The transmitter control personnel must have the capability to turn the transmitter off at all times.'' At the time of inspection, transmitter control personnel were unable to turn the transmitter off from the main studio remote control location. c. 47 C.F.R. 73.1560(d): ``In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate at
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- 6:41 PM. In addition, the station failed to document or investigate its missed required monthly test (``RMT'') transmissions. 2.b. 47 C.F.R. 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' At the time of inspection, the station had no record of any RMT transmissions after December 2004. 2.c. 47 C.F.R. 73.1350(c): ``The licensee must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with 73.1215. (1) Monitoring procedures and schedules must enable the licensee to determine compliance with 73.1560 regarding operating power and AM station mode of operation, 73.1570 regarding modulation levels, and, where applicable, 73.1213 regarding antenna tower lighting, and 73.69 regarding the parameters
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- FORFEITURE Released: October 05, 2005 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Southern Media Group, Inc. (``Southern Media''), licensee of stations WBZH(FM), in Harriman, Tennessee, WWSR(FM), in Rockwood, Tennessee, and WOFE(AM) in Rockwood, Tennessee, apparently willfully and repeatedly violated Sections 11.35(a), 73.1350(a), 73.1620(a)(2), and 1.903 of the Commission's Rules (``Rules'')1 by failing to maintain Emergency Alert System (``EAS'') equipment in operational condition, failing to file FCC Form 302-FM (``license application'') requesting program test authority (``PTA'') prior to operating its station with a directional antenna, and failing to operate within the terms of the station's broadcast and studio transmitter link (``STL'') authorizations. We
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- only one of the assigned EAS sources. b. 47 C.F.R. S 11.61(a): EAS "[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section." There was no evidence that required monthly EAS tests are being conducted and no evidence that required weekly tests were conducted prior to February 10, 2006. c. 47 C.F.R. S 73.1350 (c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. At the time of inspection there was no evidence that the station was conducting periodic calibration of monitoring equipment. d. 47 C.F.R. S 73.1590: "(a) The licensee of each AM, FM, TV and Class A TV station
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- and observed that, although WSNR retransmitted the EAS codes and Attention Signal, it did not retransmit the required Test Script (spoken announcement) during its November Required Monthly Test received from its LP-1 monitoring source, WABC. The agent also had monitored WABC and confirmed that WABC properly transmitted the entire Required Monthly Test, including the Test Script. c. 47 C.F.R. S 73.1350(c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy." During the inspection, the agent determined that WSNR failed to calibrate its remote monitoring system so that it provided reliable indications of the transmitter's common point current. The station's remote monitoring system indicated a common point current value
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- Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cumulus Licensing, LLC ("Cumulus"), licensee of station WHBX, Tallahassee, Florida, apparently willfully violated Section 73.3526 of the Commission's Rules ("Rules") by failing to make available a complete public inspection file. We also find that Cumulus apparently willfully and repeatedly violated Sections 11.35(a) and 73.1350(b) of the Rules by failing to maintain an Emergency Alert System ("EAS") capable of transmitting an EAS test and failing to maintain a control system that provides personnel the capability to control continuously the transmitter. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Cumulus is apparently liable for a forfeiture in the
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- mail, to Black Crow Radio, LLC, at its address of record and to its counsel, David G. O'Neil, Rini Coran PC, 1615 L Street NW, Suite 1325, Washington, DC 20036. FEDERAL COMMUNICATIONS COMMISSION Ralph Barlow District Director Tampa Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 11.35 (a), 73.44(b), 73.49, 73.3526. 47 U.S.C. S: 503(b). See 47 C.F.R. S: 73.1350(d) (if not in compliance with the technical rules or the station authorization, and the condition is not listed in Section 73.1350(e) of the Rules, broadcast operation must be terminated within three hours). 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
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- inspection, the broadcast station records contained no entries documenting the reception of the weekly tests from the local primary (LP-1) station, WABC, New York, New York, for the period October 1, 2008, through October 18, 2008. The broadcast station records contained no reasons why the weekly tests were not received from station WABC during that period. b. 47 C.F.R. S: 73.1350(c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy." At the time of inspection, the antenna input current meter read 4.5 amperes whereas the station authorization specifies an antenna input current to 3.65 amperes. The last calibration date on the antenna input current meter was March 1996.
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- of the EAS header and EOM codes at least once a week at random days and times..." According to the station's EAS logs, WVPO failed to transmit any Required Weekly Tests between May 26, 2009 and August 4, 2009. There were no entries in the station logs indicating the reason why the tests were not conducted. c. 47 C.F.R. S: 73.1350(c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy." At the time of inspection, the modulation meter at the WPVO transmitter site indicated that the station's carrier wave modulation at times exceeded the 120% limit on positive peaks. The last calibration date on the modulation meter was
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- [h]ourly, as close to the hour as feasible, at a natural break in program offerings." On September 14, 2009, Believe & Achieve did not transmit the proper call sign on station WZUM at the top of the 8:00 pm hour. Instead, agents heard station WZUM transmit the call sign for the station whose programming it retransmits. f. 47 C.F.R. S: 73.1350(b)(2): "The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or must include an alternate method of acquiring control that can satisfy the requirement of paragraph (d) of this section that operation be terminated within 3 minutes." Believe
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- or certifying statements were not in the station's public inspection file. f. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license designating the chief operator. g. 47 C.F.R. S: 73.1350(c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy." At the time of inspection, the antenna input current meter reading was 5.0 amperes whereas the station authorization specifies an antenna input current during critical hours of 6.82 amperes. The last calibration date on the antenna input current
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- why any tests were not received must be made in the broadcast log as specified in S:S:73.1820 and 73.1840 of this chapter for all broadcast streams..." At the time of the inspection, there were no entries in the station log indicating why the Required Monthly and Required Weekly tests and activations were missing since December 2008. c. 47 C.F.R. S: 73.1350(b)(2): "The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or must include an alternate method of acquiring control that can satisfy the requirement of paragraph (e) of this section that operation be terminated within three minutes." At
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- locations, without specific FCC authority, but notification to the FCC in Washington shall be made promptly." The address of the WTZN main studio is 1233 Redington, Avenue, Troy, Pennsylvania. The license specifies that the address is 170 Redington Avenue, Troy, Pennsylvania. Cantroair failed to notify the Commission of the address change of the WTZN main studio. c. 47 C.F.R. S: 73.1350(c)(1): "Monitoring procedures and schedules must enable the licensee to determine compliance with S:73.1560 regarding operating power and AM station mode of operation, S: 73.1570 regarding modulation levels, and, where applicable, S: 73.1213 regarding antenna tower lighting, and S:73.69 regarding the parameters of an AM directional antenna system." At the time of inspection, Cantroair had not established monitoring procedures to ensure
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- "Each remote reading ammeter shall be accurate to within 2 percent of the value read on its corresponding regular ammeter." At the time of inspection, agents observed that the remote antenna ammeter reading was 8.30 amps and the regular antenna ammeter reading was 8.75 amps during the nighttime mode of operation, a difference of 5.14 percent. d. 47 C.F.R. S: 73.1350(c): "The licensee must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with S:73.1215." At the time of inspection, there were no records that KTRB(AM) monitoring procedures and schedules were established, and that the indicating instruments were monitored. e. 47 C.F.R. S: 73.1400: "The licensee of an AM, FM, TV or Class A TV
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- Bureau, found that Arnold had willfully violated several sections of the Commission's Rules ("Rules"): Sections 11.35(a) (failure to install and maintain operable Emergency Alert System ("EAS") equipment); 11.61 (failure to conduct EAS tests and activations or maintain logs of tests or activations); 17.4(g) (failure to post the antenna structure registration number at the base of the antenna tower); 73.1870 and 73.1350(b) (failure to designate and post the designation of a chief operator for the station); 73.1870(c)(3) (failure to have a chief operator review the station's records weekly and verify in the station log that KNEC operated in accordance with the Rules and its authorization); and 73.1225(c) and 73.1820(a) (failure to make the station's equipment performance measurements, written designation of chief operator,
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- ) EB-00-KC-194 (FM) Station KYOO-FM ) Bolivar, Missouri 65613 ) NAL/Acct. No. 20013256-001 FORFEITURE ORDER Adopted: April 27, 2001 Released: May 1, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against KYOO Communications (``KYOO'') for willful violations of Sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Commission's Rules (``Rules''). The noted violations involve KYOO's failure to maintain an operational Emergency Alert System (``EAS'') combined with its failure to log the outage of the EAS equipment, failure to clean and repaint its antenna tower as often as necessary to maintain good visibility, failure to monitor and control its transmitter, and failure to maintain
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- 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) against KASA Radio Hogar, Inc. (``KASA Radio''), licensee of radio station KDAP(AM), for willful violation of the following sections of the Commission's Rules ("Rules"): 73.54(d) (failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection); 73.1350(c)(1) (failure to have the proper monitoring equipment installed at the duty operator position); 73.1590(a)(6) (failure to conduct annual equipment performance measurements); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On November 17, 2000, the FCC's San Diego Field Office ("San Diego Office") conducted an inspection of radio station KDAP(AM) in Douglas, Arizona, after it received information
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- grant a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on September 1, 2000. This is the third petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In the instant petition
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- a monetary forfeiture in the amount of twenty-one thousand five hundred dollars ($21,500) against Radio One Licenses, Inc. (``Radio One''), licensee of WBOT(AM), for willful violation of the following Sections of the Commission's Rules (``Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On March 14, 2000, the Commission's Boston Field Office (``Boston Office'') conducted an inspection of radio station WBOT(AM) in Boston, Massachusetts, after it received information indicating that
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- U.S.C. § 503(b). 6 47 U.S.C. § 503(b)(2)(D). The referenced Notices of Violation were issued for the following Enforcement Bureau file numbers: EB-01-TP-020 (for violation of Section 17.51(a) of the Rules); EB-00-CF-572 (for violation of Section 17.57 of the Rules); EB-01-PA-031 (for violation of Section 73.1201(a) of the Rules); EB-99-CF-165 (for violation of Sections 11.35(a), 11.61(a), 17.50, 73.1870(a), 73.54(d) and 73.1350(c)(1) of the Rules); EB-99-CF-166 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1350(c)(1) and 73.1870(a) of the Rules); EB-99-CF-167 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1225(b), 73.1350(c)(1), 73.1870(a) and 73.62(a) of the Rules); EB-99-CF-171 (for violation of Section 11.61(a) of the Rules); and EB-99-CF-172 (for violation of Section 11.61(a) of the Rules). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C.
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- filed by KASA Radio Hogar, Inc. (``KASA Radio''), licensee of radio station KDAP(AM). On June 7, 2001, the Enforcement Bureau issued a Forfeiture Order assessing a $15,000 forfeiture against KASA Radio for willful violation of the following sections of the Commission's Rules (``Rules''): 73.54(d) (failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection); 73.1350(c)(1) (failure to have the proper monitoring equipment installed at the duty operator position); 73.1590(a)(6) (failure to conduct annual equipment performance measurements); and 73.3526(a)(2) (failure to maintain a public inspection file). In the Forfeiture Order, the Bureau rejected KASA Radio's inability to pay claim because KASA Radio submitted financial information only for KDAP(AM), not for the licensee, KASA Radio. 2. On
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- stations install EAS encoders, EAS decoders and attention signal generating and receiving equipment so that the monitoring and transmitting functions are available during the times the stations are in operation. Section 73.1400(a)(1)(ii) of the Rules requires that the remote control system at the main studio provide sufficient transmission system monitoring and control capability so as to ensure compliance with Section 73.1350 of the Rules. Section 73.1800(a) of the Rules requires that licensees of all broadcast stations maintain a station log. Rego acknowledges that it did not have operational EAS equipment from July 2000, when it took control of the station, until April 14, 2001. Section 11.35(b) of the Rules provides temporary authority to operate for 60 days pending repair or replacement
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- deny a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on January 29, 2001. This is the fourth petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In its fourth petition
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- years and has committed numerous other violations of the Commission's rules. The seriousness and duration of these violations, together with Family's failure to take corrective action despite repeated warnings from Commission staff, raises questions as to whether Family can be relied upon in the future to operate its stations in accordance with the Communications Act and the Commission's rules. Section 73.1350(a) of the Rules provides that ``[e]ach licensee is responsible for maintaining and operating its broadcast station ( in accordance with the terms of the station authorization.'' Section 73.1560(a) provides that the antenna input power of an AM station ``must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more
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- to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), and Section 1.80 of the Commission's Rules (``the Rules'') the Enforcement Bureau ("EB") found Arnold liable for a monetary forfeiture in the amount of $14,000 for willful violation of the following sections of the Rules: 11.35 (failure to install and maintain operable Emergency Alert System (``EAS'') equipment), 73.1350 (failure to have a transmitter control system in place which would allow the transmitter to be shut down within three minutes of an event requiring shut down), 73.1820 (failure to make required entries into the station log), and 73.1870 (failure to designate and post the designation of a chief operator for the station). For the reasons discussed below, we reduce
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- of the Forfeiture Order1 issued by the Enforcement Bureau (``Bureau'') assessing a twenty- one thousand five hundred dollar forfeiture ($21,500) against Radio One for willful violation of the following Sections of the Commission's Rules (``Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e)2 (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file).3 II. BACKGROUND 2. On March 14, 2000, the Commission's Boston, Massachusetts Field Office (``Boston Office'') conducted an inspection of radio station WBOT(FM) in Brockton, Massachusetts, after it received information indicating
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- and Section 1.80 of the Commission's Rules ("the Rules"),5 the Enforcement Bureau found Radio One liable for a monetary forfeiture in the amount of $21,500 for willful violation of the following sections of the Rules: 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file).6 2. Radio One has presented new information which has persuaded the Bureau to reconsider and reverse the assessment of a forfeiture for violation of Section 73.3526(a)(2) of the Rules. The
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- Dakota ) Facility ID #46712 ) FORFEITURE ORDER Adopted: October 24, 2002 Released: October 29, 2002 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Mount Rushmore Broadcasting, Inc., (``Mount Rushmore'') licensee of Station KZMX(FM), Hot Springs, South Dakota, for willful violation of Sections 73.1350 and 73.1400 of the Commission's Rules (``the Rules'').1 The noted violations involve Mount Rushmore's failure to establish monitoring procedures and schedules to determine compliance with operating power and modulation levels, and Mount Rushmore's failure to have positive on/off control of the transmitter. 2. On May 31, 2002, the District Director of the Commission's Denver, Colorado Field Office (``Denver Office'') issued
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- ) FORFEITURE ORDER Adopted: November 26, 2002 Released: December 2, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800) to Truth Broadcasting Corporation (``Truth''), licensee of Station WTOB(AM), Winston-Salem, North Carolina, for willful and repeated violation of Sections 73.49 and 73.1350(a) of the Commission's Rules (``Rules'').1 The noted violations involve Truth's failure to enclose three of its antenna structures within an effective locked fence or other enclosure, and failure to operate in accordance with the terms of the station authorization in that Station WTOB(AM) exceeded authorized field strength limits. 2. On June 12, 2002, the Commission's Norfolk, Virginia Resident Agent Office
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- the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''). The Consent Decree terminates the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. Fifth Avenue, licensee of WCMI(AM), apparently violated Sections 73.1225(d)(1) (failure to maintain copy of the most recent antenna impedance measurement); 73.1350(a) (failure to operate according to the terms of the station authorization); 73.1690(b)(2) (failure to file a construction permit); 73.3526(e)(1) (failure to maintain copy of current authorization in public inspection file); and 73.3526(e)(12) (failure to maintain issues/programs lists in the public inspection file) of the Commission's Rules.1 2. The Consent Decree provides, that, among other things, Fifth Avenue will implement a
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- complete document, download the Microsoft Word or Adobe Acrobat version. ***************************************************************** CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission (``Commission or FCC'') and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue'') hereby enter into this Consent Decree for the purpose of terminating a forfeiture proceeding arising from an investigation of Fifth Avenue, for alleged violations of Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1), and 73.3526(e)(12) of the Commission's Rules (``Rules'').1 BACKGROUND 2. On September 14, 2000, the Federal Communications Commission received a complaint that Fifth Avenue had ``...re- located its AM transmission site into another state without prior Commission authorization...''. The complainant requested ``...immediate Commission action to require the termination of the unauthorized and potentially dangerous operations of WCMI(AM).'' On September
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- Liability for Forfeiture (``NAL''), we find Maria L. Salazar, licensee of radio station KTCM(FM), Kingman, Kansas, and owner of antenna structure number 1057462 near Spivey, Kansas, apparently liable for a forfeiture in the amount of thirty-nine thousand dollars ($39,000) for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act'')1, and Sections 73.1350(a) and 17.51 of the Commissions Rules (``Rules'').2 Ms. Salazar is also apparently liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules.3 Specifically, we find Ms. Salazar apparently liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert
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- their broadcast stations within tolerances specified by applicable technical rules contained in this part and in accordance with the terms of the station authorization. Section 73.1400 of the Rules allows stations to employ various methods or levels of transmission system monitoring and supervision to preclude out- of-tolerance operation and to ensure compliance with the transmission system control requirements of Section 73.1350. At the time of the inspection, A-O's owner admitted that he did not have ongoing supervision of the transmission system by a station employee or other person designated by the licensee, did not have an automatic transmission system to alert a contact person in the event of a technical malfunction, and did not have a remote control whereby the transmission
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- Communications Act of 1934, as amended ("the Act"),2 and Section 1.80 of the Commission's Rules ("the Rules"), the Enforcement Bureau found KASA Radio liable for a monetary forfeiture in the amount of $15,000 for willful violation of the following sections of the Rules: 73.54(d) (failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection); 73.1350(c)(1) (failure to have the proper monitoring equipment installed at the duty operator position); 73.1590(a)(6) (failure to conduct annual equipment performance measurements); and 73.3526(a)(2) (failure to maintain a public inspection file).3 For the reasons stated below, we deny KASA Radio's application for review. BACKGROUND 2. On November 17, 2000, the FCC's San Diego, California Field Office ("San Diego Office") conducted an
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- a monetary forfeiture in the amount of three thousand dollars ($3,000) to L.T. Simes II and Raymond Simes (collectively, ``Simes''), licensee of FM station KAKJ, Marianna, Arkansas, and owners of an unregistered antenna structure located at geographic coordinates 34 47' 20'' North latitude and 090 47' 08'' West longitude near Marianna, Arkansas, for willful violation of Sections 11.35(a), 17.4(a) and 73.1350(a) of the Commission's Rules (``Rules'').1 The noted violations involve Simes's failure to ensure that Emergency Alert System (``EAS'') equipment was installed and operational at KAKJ, failure to register the antenna structure for KAKJ with the Commission, and failure to operate KAKJ in accordance with the terms of its station authorization. 2. On July 22, 2002, the Commission's New Orleans, Louisiana
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- ORDER Adopted: May 5, 2003 Released: May 7, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Minority Business and Housing Development, Inc. (``Minority Business''), licensee of radio station WYGG, Asbury Park, New Jersey, for willful and repeated violation of Sections 11.35(a) and 73.1350(a) of the Commission's Rules (``Rules'').1 The noted violations involve Minority Business's failure to install Emergency Alert System equipment and failure to operate in accordance with the terms of the station authorization. 2. On December 30, 2002, the District Director of the Commission's Philadelphia, Pennsylvania Field Office (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount
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- I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed on November 29, 2002, by Mount Rushmore Broadcasting, Inc., (``Mount Rushmore''). Mount Rushmore seeks reconsideration of the Forfeiture Order1 in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $3,000 for willful violation of Sections 73.1350 and 73.1400 of the Commission's Rules (``Rules'').2 The noted violations involve Mount Rushmore's inability to access its station's power and modulation levels by remote control from the main studio, its inability to turn its station's transmitter on or off by remote control from the main studio and its failure to establish monitoring procedures and schedules to determine compliance with operating
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- Station WUFF ) Eastman, Georgia ) FRN 0004-9860-22 FORFEITURE ORDER Adopted: August 7, 2003 Released: August 11, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Farnell O'Quinn (``O'Quinn''), licensee of radio station WUFF, Eastman, Georgia, for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules'').1 The noted violation involves O'Quinn's failure to operate in accordance with the terms of the station authorization. 2. On July 8, 2002, the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of four thousand dollars ($4,000) to O'Quinn for the noted violation.2 II. BACKGROUND
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- Merced, California ) NAL/Acct. No. 200232960001 Facility ID # 87180 ) ) FRN 0003-7254-54 FORFEITURE ORDER Adopted: September 16, 2003 Released: September 18, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand dollars ($6,000) to Clarke Broadcasting Corporation (``Clarke''), for willful violations of Sections 73.1350(a), 73.1350(c) and 73.1400 of the Commission's Rules (``Rules'') and for willful and repeated violations of Sections 73.1560(a) and 73.1745(a) of the Rules.1 The noted violations involve Clarke's failure to provide adequate transmitter control and to maintain the authorized power. 2. On August 30, 2002, the Commission's San Francisco, California, Field Office (``San Francisco Office'') issued a Notice of Apparent Liability
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- ) FORFEITURE ORDER Adopted: December 17, 2003 Released: December 19, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Hunt Broadcasting Group, Inc. (``Hunt''), licensee of radio stations KPWB(AM) and KPWB-FM, located in Piedmont, Missouri, for willful violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6), and 73.3526(e)(12) of the Commission's Rules (``Rules'').1 The noted violations involve Hunt's failure to provide an effective locked fence enclosing the base of station KPWB(AM)'s antenna, failure to provide transmitter control and monitoring capabilities, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain all required items in the joint public inspection file
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- KDEF(AM) ) Albuquerque, New Mexico ) FRN 0006- 1600-48 FORFEITURE ORDER Adopted: March 12, 2003 Released: March 17, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Ramh Corporation (``Ramh''), licensee of Station KDEF(AM), Albuquerque, New Mexico, for willful violation of Sections 73.1125, 73.1350, and 73.1400 of the Commission's Rules (``the Rules'').1 The noted violations involve Ramh's failure to maintain a main studio management and staff presence, and its failure to establish monitoring procedures to ensure compliance with authorized operating power, mode of operation, and AM directional system parameters. Further, we find that Ramh willfully and repeatedly violated Section 73.1560 of the Rules2 by
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- WMGC(AM) ) Murfreesboro, Tennessee ) FRN 0006- 3776-00 FORFEITURE ORDER Adopted: March 20, 2003 Released: March 24, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Radio 810 Nashville, Incorporated (``Radio 810'') licensee of Station WMGC(AM), Murfreesboro, Tennessee, for willfully violating Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Commission's Rules (``the Rules'').1 The noted violations involve Radio 810's failure to maintain properly calibrated indicating instruments, failure to terminate broadcast operation as required when Station WMGC(AM) operated in non-compliance with the technical rules, and its exceeding the authorized transmitter power at Station WMGC(AM) by failing to reduce power at sunset. 2. On June 18, 2002,
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- the Enforcement Bureau issued a Forfeiture Order3 to Radio One, finding it liable for a monetary forfeiture in the amount of $21,500 for willful violation of the following sections of the Commission's Rules (``the Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file).4 3. On September 13, 2001, Radio One filed a Petition for Reconsideration of the Forfeiture Order. On January 31, 2002, the Enforcement Bureau issued a Memorandum Opinion and Order5 in
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- 22, 2003 Memorandum Opinion and Order 2 (``MO&O'') issued in this proceeding. The MO&O imposed a forfeiture of $8,000 against Radio One for willful violations of the following sections of the Commission's Rules (``the Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); and 73.1800(a) (failure to maintain a station log).3 2. Radio One now asserts that its forfeiture should be cancelled because ``newly available evidence'' suggests that the Bureau applied its forfeiture policies inconsistently to the detriment of Radio One. Specifically, Radio One claims that the Bureau treated
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- their broadcast stations within tolerances specified by applicable technical rules contained in this part and in accordance with the terms of the station authorization. Section 73.1400 of the Rules allows stations to employ various methods or levels of transmission system monitoring and supervision to preclude out- of-tolerance operation and to ensure compliance with the transmission system control requirements of Section 73.1350. At the time of the inspection, A-O's owner admitted that he did not have ongoing supervision of the transmission system by a station employee or other person designated by the licensee, did not have an automatic transmission system to alert a contact person in the event of a technical malfunction, and did not have a remote control whereby the transmission
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- 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirty-nine thousand dollars ($39,000) to Maria L. Salazar, licensee of Station KTCM(FM), Kingman, Kansas, and owner of antenna structure number 1057462 near Spivey, Kansas, for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act''),1 and Sections 73.1350(a) and 17.51 of the Commission's Rules (``the Rules'').2 Ms. Salazar is also liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules.3 Specifically, we find Ms. Salazar liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert System
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- ORDER Adopted: May 17, 2004 Released: May 19, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Melodynamic Broadcasting Corporation (``Melodynamic''), the licensee of Radio Station WCER, Canton, Ohio for willful and repeated violation of Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Commission's Rules (``Rules'').1 Respectively, the noted violations include failure to respond to Commission communications; failure to maintain a copy of the Emergency Alert System (EAS) handbook; failure to maintain a record of the dates of commencement and termination of power determination by the indirect method; failure to maintain a record of the efficiency factor
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- FM Station WYGG, Asbury Park, New Jersey, of the Forfeiture Order issued on May 7, 2003.1 The Forfeiture Order imposed a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) against MBHD for its failure to operate its station as authorized and to install Emergency Alert System (``EAS'') equipment at the station, in willful and repeated violation of Sections 73.1350(a) and 11.35(a) of the Commission's Rules (``Rules'').2 II. BACKGROUND 2. In 2002, the Commission's Philadelphia, Pennsylvania Field Office (``Field Office'') conducted on- site inspections of, and investigated a complaint regarding, Station WYGG's operations. The Field Office's investigation resulted in the issuance of Notices of Violations on May 30, 2002,3 and July 24, 2002,4 and ultimately the issuance of a Notice
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- and Order (``Order''), we grant in part the Petition for Reconsideration filed by Radio 810 Nashville, Limited (``Radio 810''), licensee of Station WMGC(AM), Murfreesboro, Tennessee. Radio 810 seeks reconsideration of the Forfeiture Order1 in which the Chief, Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of ten thousand dollars ($10,000) for willfully violating Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Commission's Rules (``the Rules'').2 The noted violations involve Radio 810's failure to maintain properly calibrated indicating instruments, failure to terminate broadcast operation as required when Station WMGC(AM) operated in non- compliance with the technical rules, and exceeding the authorized transmitter power at Station WMGC(AM) by failing to reduce power at sunset. 2. On June 18, 2002,
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- I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of thirteen thousand dollars ($13,000) issued to Cornell College (``Cornell''), the licensee of noncommercial educational FM Station KRNL, Mt. Vernon, Iowa. We find that Cornell failed to maintain control of the station's transmitter in apparent willful and repeated violation of Section 73.1350(b)(2) of the Commission's Rules (``Rules'') and failed to make available the station's public file in apparent willful violation of Section 73.3527(c) of the Rules.1 While we cancel the forfeiture based primarily upon the financial hardship that would result, we admonish Cornell for its violations of Sections 73.1350(b)(2) and 73.3527(c) of the Rules. II. BACKGROUND 2. On March 18, 2003, an
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- overall compliance and good faith. We have examined the Radio One orders and find nothing which supports a different result. Radio One involved a monetary forfeiture originally imposed for willful violation of the following Rules: 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). In a series of rulings, the Enforcement Bureau and the Commission reduced the originally proposed monetary forfeiture of $22,000 to $8,000 on the basis that Radio One did maintain a
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- Order (``Order''), we deny a petition for reconsideration filed by Mr. Farnell O'Quinn, licensee of radio stations WUFF (AM) and WUFF-FM (``the O'Quinn stations''), Eastman, Georgia, and owner of those stations' antenna structure (antenna registration number 1019521); and we affirm the Forfeiture Order1 issued August 11, 2003, in the amount of three thousand dollars ($3,000) for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules'').2 The noted violation involves Mr. O'Quinn's failure to operate the O'Quinn stations in accordance with the terms of their station authorizations. II. BACKGROUND 2. On June 11, 2002, an agent from the Commission's Atlanta, Georgia, Field Office (``Atlanta Office'') inspected the O'Quinn stations' transmitter site and antenna structure near Eastman, Georgia. The agent determined through
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- issued on April 22, 2003,2 and reduce the assessed forfeiture against Salazar to thirty- four thousand dollars ($34,000). The Forfeiture Order imposed a monetary forfeiture in the amount of thirty- nine thousand dollars ($39,000) against Salazar, for willfully and repeatedly violating Sections 301 and 303(q) of the Communications Act of 1934, as amended, (the ``Act'')3 and Sections 11.35(a), 17.51, 73.1125(a), 73.1350(a) and 73.3526 of the Commission's Rules. II. BACKGROUND 2. On April 8, 2002, agents from the Commission's Kansas City, Missouri Field Office (``Field Office'') conducted an on-site investigation of Station KTCM(FM). The agents determined that Salazar was licensed to operate Station KTCM(FM) and that the license specified Kingman, Kansas as the station's community of license. However, the agents found that
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- executed by telecopy or by original signatures. RADIO & INVESTMENTS, INC. By: ___________________________ Kenneth R. Noble II, President Date: ___________________________ ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION By: _____________________________ David H. Solomon, Chief Date: ____________________________ TABLE I VIOLATIONS Violation Citation Station(s) Unauthorized 47 U.S.C. KFRA, KDDK Transfer of 310(d) Control Failure to 47 C.F.R. KFRA, KDDK Install/Maintain 11.35, 73.1250, EAS Equipment 73.1300, 73.1350(h) Failure to 47 C.F.R. KDDK Register Antenna 17.4(a)(1), (g) Structure and Post Registration Failure to 47 C.F.R. KFRA, KDDK Maintain/Staff 73.1125 Main Studio Failure to 47 C.F.R. KFRA, KDDK Designate Chief 73.1350(a)-(c), Operator 73.1870 Excess operating 47 C.F.R. KDDK power 73.1560(b) Failure to 47 C.F.R. KFRA conduct 73.1590(a)(6) equipment performance measurements Failure to 47 C.F.R. KFRA, KDDK maintain station 73.1800,
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- Andalusia, Alabama ) Facility ID # 15775 FORFEITURE ORDER Adopted: July 26, 2005 Released: July 28, 2005 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to David M. Loflin, licensee of Station WKNI-LP/W49BM,1 for willful and repeated violation of Section 73.1350(a) of the Commission's Rules (``Rules'')2 by failing to operate the station in accordance with the terms of its station authorization. The noted violation involves Mr. Loflin's operation of Station WKNI-LP on TV channel 25, instead of its assigned TV channel 49. 2. On May 9, 2005, the District Director of the Commission's New Orleans Field Office (``New Orleans Office'') issued
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- November 22, 2005 Released: November 28, 2005 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand six hundred dollars ($5,600) to Family Educational Association Inc. (``Family''), licensee of station WPLI, in Levittown, Puerto Rico, for willful and repeated violation of Section 73.1350(a) of the Commission's Rules (``Rules'').1 The noted violation involves Family's failure to operate its station in accordance with the terms of the station authorization. II. BACKGROUND 2. On April 21, 2005, as a follow-up to a previous inspection that uncovered a violation, agents from the Commission's San Juan Office of the Enforcement Bureau (``San Juan Office'') conducted an inspection of
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- (``petition'')1 filed by Maria L. Salazar (``Salazar''), licensee of Station KTCM(FM), Kingman, Kansas and owner of antenna structure # 1057462, of the Memorandum Opinion and Order (``Order'') released March 16, 2004.2 The Order found that Salazar failed to operate as authorized in willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 73.1350(a) of the Commission's Rules (``Rules''),3 failed to maintain antenna structure lighting in willful and repeated violation of Sections 303(q) of the Act and Section 17.51 of the Rules,4 and failed to comply with the Emergency Alert System, the main studio and the public information requirements in willful and repeated violation of Sections 11.35(a), 73.1125(a) and 73.3526 of the Rules.5 Based
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- and managerial capacity to ensure the installation and maintenance of operational EAS equipment for Stations WSTX(AM) and WSTX-FM as required by Section 11.35; i. To determine whether Family Broadcasting, Inc. under the direction of transferee Barbara James-Petersen will operate WSTX(AM) and WSTX-FM in accordance with the Rules, the Communications Act, and the terms of their authorizations as required by Sections 73.1350(a), 73.1560(a), 73.1560(b), and 73.1690(b); and j. To determine, in light of the evidence adduced pursuant to the foregoing issues, whether approval of the transfer of control application will serve the public interest. 17 FCC Rcd at 6191-92. The burdens of proceeding and proof as to each issue were assigned to Family. Id. Minority Distress Applications 8. On February 24, 2003,
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- ORDER Adopted: September 26, 2006 Released: September 28, 2006 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to West Coast Broadcasting ("West Coast"), licensee of station WNNV(FM) in San German, PR, for willful and repeated violation of Section 73.1350(a) of the Commission's Rules ("Rules") and willful violation of Section 73.1560(b) of the Rules. The noted violations involve West Coast's failure to operate station WNNV(FM) in accordance with the terms of its station authorization and its failure to maintain the transmitter output power of its FM station as near as practicable to its authorized power. II. BACKGROUND 2. On March
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- September 26, 2006 Released: September 28, 2006 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800) to Hacienda San Eladio, Inc. ("Hacienda"), licensee of station WRRE in Juncos, Puerto Rico, for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Hacienda's failure to operate its station in accordance with the terms of its station authorization and its failure to maintain a complete public inspection file. II. BACKGROUND 2. On February 8, 2006, agents from the Commission's San Juan Office of the Enforcement Bureau ("San Juan Office") conducted an inspection
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- Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to A Radio Company, Inc. ("A Radio"), licensee of AM radio station WEGA in Vega Baja, Puerto Rico, for willful violation of Sections 73.49 and 73.3526 of the Commission's Rules ("Rules") and willful and repeated violation of Section 73.1350(a) of the Rules. The noted violations involve A Radio's failure to enclose an antenna tower having radio frequency potential at the base within an effective locked fence, its failure to make available a complete public inspection file, and its failure to operate its station in accordance with the terms of its station authorization. II. BACKGROUND 2. On August 25, 2005,
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- instrument whether executed by telecopy or by original signatures. FEDERAL COMMUNICATIONS COMMISSION ________________________________ By: Kris Anne Monteith Chief, Enforcement Bureau Date: _______________ LICENSEE OF STATION ___________________________________ Kenneth Wayne Diebel (individually) Date: _______________ R&M BROADCASTING, INC. ___________________________________ By: Jack Reynolds, President Date: _______________ These rules include the main studio rule, 47 C.F.R. S 73.1125, the chief operator rule, 47 C.F.R. S 73.1350 (a)-(c), the station log rules, 47 C.F.R. SS 73.1800, 73.1820, and 73.1840, the public file rule, 47 C.F.R. S 73.3526, and the Emergency Alert System rules, 47 C.F.R. SS 11.35, 73.1250, 73.1300, and 73.1350(h). 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. See 47 U.S.C. S 310(d); 47 C.F.R. SS 73.3540. See 47 C.F.R. S 73.1125. (...continued from previous
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- upon to operate [the station] in the future in accordance with the requirements of its licenses and the Commission's rules." These rule violations also constitute a pattern of abuse and thus may warrant a finding that Hammond's application for renewal of the license for Station KBKH(FM) does not meet the standard for renewal set forth in the Act. 19. Section 73.1350(a) of the Commission's rules provides that a licensee is required to maintain and operate its broadcast station in accordance with the terms of the station authorization. It appears that, from August 26, 2002 until July 2, 2003, and from October 2004 to the present, Station KBKH(FM) operated at a site and with an antenna radiation center and power at levels
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- March 22, 2007 Released: March 29, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Community Broadcast Group, Inc., ("Community") licensee of AM Broadcast Radio station KZEY, in Tyler, Texas, for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. II. BACKGROUND 2. On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement Bureau ("Dallas Office") conducted an inspection of station KZEY's main studio
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- By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Simmons-Austin, LS, LLC ("Simmons"), licensee of station KSLG(AM), St. Louis, Missouri. The Consent Decree terminates an investigation by the Bureau into whether Simmons violated Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 73.1350 and 73.1745 of the Commission's Rules ("Rules"). 2. The Bureau and Simmons 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 by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
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- 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of three thousand, two hundred dollars ($3,200) to Del Rosario Talpa, Inc. ("Del Rosario Talpa"), licensee of AM broadcast station KNCR, in Fortuna, California, for willfully and repeatedly violating Section 73.1350(a) of the Commission's Rules ("Rules"). On December 22, 2006, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Del Rosario Talpa for operating station KNCR at an unauthorized location. In this Order, we consider Del Rosario Talpa's arguments that its violation was actually of Section 73.1680 of the
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- A Radio Company, Inc. ("A Radio"), licensee of AM radio station WEGA in Vega Baja, Puerto Rico, of the Forfeiture Order issued November 3, 2006. The Forfeiture Order imposed a monetary forfeiture in the amount of $15,000 on A Radio for the willful violation of Sections 73.49 and 73.3526 of the Rules and the willful and repeated violation of Section 73.1350(a) of the Rules. The noted violations involved A Radio's failure to enclose an antenna tower having radio frequency potential at the base within an effective locked fence, its failure to make available a complete public inspection file, and its failure to operate its station in accordance with the terms of its station authorization. II. BACKGROUND 2. On August 25, 2005,
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- ) ) FORFEITURE ORDER Adopted: September 7, 2007 Released: September 11, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to Larson-Wynn, Inc. ("Larson-Wynn"), licensee of broadcast station KODL(AM), in The Dalles, Oregon, for willfully and repeatedly violating Section 73.1350(a) of the Commission's Rules ("Rules"). On February 21, 2007, the Enforcement Bureau's Portland Resident Agent Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Larson-Wynn for operating station KODL(AM) at an unauthorized location. In this Order, we consider Larson-Wynn's argument that the forfeiture amount should be cancelled because of Larson-Wynn's good faith efforts
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- as Perreira Broadcasting. The agent also observed that the antenna structure registration numbers for the two AM towers, as well as any high voltage or radiofrequency radiation warning signs, had also been removed with the fencing. 47 C.F.R. S: 73.49. Within the NAL, the San Francisco Office also issued a Notice of Violation ("NOV") to Pereira for violation of Section 73.1350(a) of the Rules which states that each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules and in accordance with the terms of the station license., 47 C.F.R. S: 73.1350(a). Specifically, Section 73.1745(a) of the Rules states that no broadcast station shall operate at times or with modes or power,
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- Order ("Order"), we dismiss the Petition for Reconsideration filed by Community Broadcast Group, Inc., ("Community") licensee of AM Broadcast Radio station KZEY, in Tyler, Texas. Community seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau ("Bureau") found it liable for a monetary forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. For the reasons provided below, we dismiss Community's petition for reconsideration as untimely. II. BACKGROUND 2. On June 5, 2006, agents from the Commission's Dallas Office of
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- licensee of station WIQR(AM), in Prattville, Alabama, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Star Power's failure to maintain operational Emergency Alert System ("EAS") equipment, and failure to maintain and make available a complete public inspection file. We also admonish Star Power for its repeated violation of Section 73.1350(a) of the Rules. II. BACKGROUND 2. On August 30, 2007, agents of the Commission's Atlanta Office of the Enforcement Bureau ("Atlanta Office") conducted an inspection of the AM directional station, WIQR, in Prattville, Alabama during normal business hours with the station's general manager. The agents found that the station's EAS encoder/decoder unit was not operational, because it was unplugged from
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- DC 20036. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. S:S: 73.44(b), 73.49. We also find that Black Crow willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Rules. Black Crow made a payment of $12,000 for these violations, and are not at issue in this Forfeiture Order. See 47 C.F.R. S: 73.1350(d) (if not in compliance with the technical rules or the station authorization, and the condition is not listed in Section 73.1350(e) of the Rules, broadcast operation must be terminated within three hours). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700018 (Enf. Bur., Tampa Office, September 24, 2008) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S:
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- 2008 By the Associate Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and A Radio Company, Inc. ("A Radio"), licensee of AM radio station WEGA in Vega Baja, Puerto Rico. The Consent Decree terminates an investigation by the Bureau against A Radio for possible violations of Sections 73.49, 73.1350(a), and 73.3526 of the Commission's Rules ("Rules") regarding antenna tower fencing and public inspection file requirements and operating with an unauthorized antenna pattern. 2. The Bureau and A Radio have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of
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- FORFEITURE ORDER Adopted: April 24, 2008 Released: April 28, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) to Frank Rackley, Jr., licensee of station WNBN-AM, in Meridian, Mississippi, for willful and repeated violation of Sections 73.1350(a) and 73.1745(a) of the Commission's Rules ("Rules"). The noted violations involve Mr. Rackley's operation of the station from an unauthorized location and operation at a power level in excess of that authorized by the license. II. BACKGROUND 2. On December 7, 2007, the Commission's New Orleans Office of the Enforcement Bureau ("New Orleans Office") received a complaint concerning station WNBN-AM.
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1208A1.html
- in the amount of twenty-five thousand dollars ($25,000) to Minority Business & Housing Development, Inc. ("MBHD"), licensee of FM radio station WYGG in Asbury Park, New Jersey, for willfully and repeatedly violating Section 1.1310 of the Commission's Rules ("Rules), by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. II. BACKGROUND 2. On November 16, 2006, an agent from the Commission's New York Office monitored station WYGG on 88.1 MHz using an FCC direction finding vehicle and found that the station
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1370A1.html
- 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 Section 1.91(c) and Section 1.221(c) of the Commission's rules, the Hearing Designation Order
- http://transition.fcc.gov/eb/Orders/2010/DA-10-784A1.html
- Section 11.35(a) of the Rules by failing to ensure that EAS equipment was installed and operational when the station was in operation. 7. Section 73.1400(a)(1)(ii) of the Rules states that if a remote control system of the transmission system is used, the "remote control system must provide sufficient transmission system monitoring and control capability so as to ensure compliance with S:73.1350." On January 26, 2010, the installed transmitter dial-up remote control system at the WCLM transmitter site was inoperative. According to the station manager and "technical representative", the transmitter remote control unit was "hit by lightning" sometime in November 2009 and had not subsequently been repaired or replaced. Therefore, we find that World Media apparently willfully and repeatedly violated Section 73.1400(a)(1)(ii)
- http://transition.fcc.gov/eb/Orders/2011/DA-11-443A1.html
- ORDER Adopted: March 8, 2011 Released: March 8, 2011 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ace of Hearts Disc Jockey Service, Inc. ("Ace of Hearts"), licensee of translator station W277AN, in Cape Canaveral, Florida, apparently willfully and repeatedly violated sections 73.1350 and 74.1235(e) of the Commission's rules ("Rules") by: (1) operating overpower; and (2) utilizing an unauthorized transmitting antenna system. We conclude that Ace of Hearts is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND 2. Station W277AN is authorized to operate with a transmitter output power of 0.061 kW (61 watts). When operating
- http://transition.fcc.gov/eb/Orders/2011/DA-11-724A1.html
- Based on our review of the facts and circumstances of this case, we conclude that A Radio is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). II. BACKGROUND 2. On May 12, 2008, the Bureau adopted an Order and Consent Decree that terminated a Bureau investigation of possible violations by A Radio of sections 73.49, 73.1350(a), and 73.3526 of the Commission's rules ("Rules") regarding antenna tower fencing, public inspection file requirements, and operating with an unauthorized antenna pattern. Among other terms in the Order and Consent Decree, A Radio agreed to make a voluntary contribution to the U.S. Treasury in the amount of eight thousand dollars ($8,000) by June 14, 2008. A Radio also agreed to
- http://transition.fcc.gov/eb/Orders/2011/DA-11-890A1.html
- and receiving equipment are installed and operational so that the EAS monitoring and transmitting functions are available when a station is in operation. Section 73.1400(a)(1)(ii) of the Rules states that if a remote control system of the transmission system is used, the "remote control system must provide sufficient transmission system monitoring and control capability so as to ensure compliance with S:73.1350." 7. Section 73.3526(a)(2) of the Rules states that "[e]very permittee or licensee of an AM, FM, TV or a Class A station in the commercial broadcast services shall maintain a public inspection file containing the material" set forth in this section. The public inspection file must be maintained at the main studio of the station, and must be available for
- http://transition.fcc.gov/eb/Orders/2011/DA-11-900A1.html
- By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Entertainment Media Trust, Dennis J. Watkins, Trustee ("Entertainment Media Trust" or "the Licensee"), licensee of AM Station KZQZ, in St. Louis, MO and AM Station KQQZ, in DeSoto, MO, apparently willfully violated section 73.1350 of the Commission's Rules ("Rules") by failing to operate Station KZQZ in accordance with the terms of its station authorization. We also find that the Licensee apparently willfully and repeatedly violated sections 73.1590 and 73.3526 of the Rules by failing to conduct required annual equipment performance measurements for Station KZQZ and failing to maintain and make available complete public inspection
- http://transition.fcc.gov/eb/Orders/2012/DA-12-277A1.html
- FORFEITURE AND ORDER Adopted: February 28, 2012 Released: February 28, 2012 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Super W Media Group, Inc. (Super W), licensee of Station WIPC, in Lake Wales, Florida, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's rules (Rules), by failing to operate its station in accordance with the terms of its station authorization. We conclude that Super W is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000). We further direct Super W to submit a written statement, signed under penalty of perjury, stating whether Station WIPC is
- http://transition.fcc.gov/eb/Orders/2012/DA-12-350A1.html
- FOR FORFEITURE AND ORDER Adopted: March 7, 2012 Released: March 8, 2012 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Hoosier Public Radio Corporation (Hoosier), licensee of Non-Commercial Educational Station WRFM-FM, in Wilkinson, Indiana (Station), apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's rules (Rules), by failing to maintain and operate its broadcast station in accordance with the terms of the Station's authorization. We conclude that Hoosier is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). We also direct Hoosier to submit a report, signed under penalty of perjury, regarding the status of the Station's
- http://transition.fcc.gov/eb/Orders/2012/DA-12-625A1.html
- Released: April 23, 2012 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Ace of Hearts Disc Jockey Service, Inc. (Ace), licensee of translator station W277AN (Station), in Cape Canaveral, Florida, for willful and repeated violation of Sections 73.1350 and 74.1235(e) of the Commission's rules (Rules). The noted violations involved Ace operating its Station with unauthorized antenna equipment and with more than authorized power. In addition to the monetary forfeiture, we direct Ace to submit no later than thirty (30) calendar days from the date of this Order a statement signed under penalty of perjury that it is operating
- http://transition.fcc.gov/eb/Orders/2012/DA-12-789A1.html
- May 17, 2012 Released: May 18, 2012 By the District Director, Denver Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (NAL), we find that Mt. Rushmore Broadcasting, Inc. (Mount Rushmore), licensee of Stations KZMX(AM) and KZMX-FM (Stations), in Hot Springs, South Dakota, apparently willfully and repeatedly violated Sections 73.1125(a), 73.1125(e), 73.1225(a), and 73.1350(a) of the Commission's rules (Rules), by failing to maintain a management or staff presence at the Stations' main studio, by failing to maintain a local telephone number in its community of license or a toll-free number for either station, by failing to make the Stations available for inspection, and by failing to operate Station KZMX-FM in accordance with the terms
- http://transition.fcc.gov/eb/Orders/2012/DA-12-889A1.html
- 6, 2012 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of three thousand five hundred dollars ($3,500) to Super W Media Group, Inc. (Super W or the Licensee), licensee of Station WIPC, in Lake Wales, Florida, for willful and repeated violation of Section 73.1350(a) of the Commission's rules (Rules). The noted violations involved Super W's failure to operate its Station in accordance with the terms of its station authorization. II. BACKGROUND 2. On February 28, 2012, the Enforcement Bureau's Tampa Office (Tampa Office) issued a Notice of Apparent Liability for Forfeiture and Order (NAL) to Super W for its failure to change power/operating mode
- http://transition.fcc.gov/eb/Orders/da002005.doc http://transition.fcc.gov/eb/Orders/da002005.txt
- (``Order''), we deny a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on March 9, 2000. That Memorandum Opinion and Order denied Joy's petition for reconsideration of the Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involve Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. Reconsideration is appropriate only
- http://transition.fcc.gov/eb/Orders/da00526.doc http://transition.fcc.gov/eb/Orders/da00526.html http://transition.fcc.gov/eb/Orders/da00526.txt
- ) NAL/Acct. No. 915TP0004 Radio Station WJTF-FM ) Panama City, Florida ) MEMORANDUM OPINION AND ORDER Adopted: March 8, 2000 Released: March 9, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we reaffirm a monetary forfeiture of $3,000 issued by the former Compliance and Information Bureau to Joy Public Broadcasting Corporation (``Joy'') for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Rules. Respectively, these sections require that broadcast stations make periodic calibrations of the station's monitoring equipment, make equipment performance measurements upon the initial installation of a new transmitter, and designate the station's chief operator in writing and post a copy of the designation with the station license. The Notice of Apparent Liability (``NAL'') in this
- http://transition.fcc.gov/eb/Orders/da00571.doc http://transition.fcc.gov/eb/Orders/da00571.html http://transition.fcc.gov/eb/Orders/da00571.txt
- and Order, we deny a Petition for Reconsideration filed on March 25, 1999, by Hoosier Broadcasting Corporation (``Hoosier''), licensee of FM Station WIRE, Lebanon, Indiana (formerly WWRE). Hoosier seeks reconsideration of a Forfeiture Order, in which the former Compliance and Information Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of $4,000 for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules''). The noted violation involves operation at an antenna height that exceeded the station's authorization. For the reasons discussed below, we affirm the $4,000 monetary forfeiture. II. BACKGROUND 2. On May 5, 1998, agents from the FCC's Chicago, Illinois Field Office (``Field Office''), acting in response to an interference complaint from FM Station WEDM, Indianapolis, Indiana,
- http://transition.fcc.gov/eb/Orders/da00948.doc http://transition.fcc.gov/eb/Orders/da00948.html http://transition.fcc.gov/eb/Orders/da00948.txt
- the resident agent of the Commission's Portland Field Office conducted an inspection of the captioned stations. The inspection disclosed numerous violations of the rules, including: those noted above; failure to make appropriate entries in station records concerning EAS required weekly and monthly tests (47 C.F.R. § 11.61(b)); reliance on an inoperable telephone dial-up remote control for KHSN(AM) (47 C.F.R. § 73.1350(c)); and failure to post antenna registration numbers at the towers for KACW(FM) and KBBR(AM) (47 C.F.R. § 17.4). Following issuance of a Notice of Violation (``NOV'') on April 21, 1999, and review of the licensee's response, the Portland Field Office, on August 24, 1999, issued a Notice of Apparent Liability (``NAL'') to Bay, which proposed a forfeiture of $19,000. The
- http://transition.fcc.gov/eb/Public_Notices/DA-02-1238A1.html
- (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirement), 11.61 (Tests of EAS Procedures) and 73.1820 (Station Log). Atlanta, GA District Office (4/19/02). * GreenTV Corp., Evergreen, CO., KDMD (TV), Anchorage, AK. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1225 (Station Inspection by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1840 (Retention of Logs) and 73.1870 (Chief Operator). Anchorage, AK Resident Agent Office (4/22/02). * Murray Broadcasting Company, Englewood, FL. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirement) and 11.61 (Tests of EAS Procedures). Tampa, FL District Office (4/29/02). * Charter Communications,
- http://transition.fcc.gov/eb/Public_Notices/DA-02-1367A1.html
- AM Transmission System Fencing Requirements * Sam Bushman, KNAL(AM) Delta, UT. $ 7,000 NAL. Denver, CO District Office (5/17/02). * Commonwealth License Subsidiary, LLC, KLMR(AM), Lamar, CO. $7,000 NAL. Denver, CO District Office (5/30/02). * 47 C.F.R. 73.1125 Station Main Studio Location * American Family Association, KBKC, Moberly, MO. $7,000 NAL. Kansas City, MO District Office (5/28/02). * 47 C.F.R. 73.1350 Transmission System Operation * Mount Rushmore Broadcasting, Inc., WZMX(FM), Hot Springs, SD. $3,000 NAL. Other violation: 47 C.F.R. 73.1400 (Transmission System Monitoring and Control). Denver, CO District Office (5/31/02). * 47 C.F.R. 73.1560 Operating Power and Mode Tolerances * Tarrant Radio Broadcasting, Inc., Southlake, TX. $4,000 NAL. Dallas, TX District Office (5/24/02). 47 C.F.R. Part 76 Multichannel Video and Cable
- http://transition.fcc.gov/eb/Public_Notices/DA-02-1689A1.html
- & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Mitchell Communications, Inc., Danville, VA. $13,000 NAL. Other violation: 47 C.F.R. 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record). Norfolk, VA Resident Agent Office (6/10/02). * Truth Broadcasting Corp., Winston-Salem, NC. $11,200 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission System Fencing Requirements) and 73.1350 (Transmission System Operation). Norfolk, VA Resident Agent Office (6/12/02). * 47 C.F.R. 17.4(g) Posting of Antenna Structure Registration Number * Media Broadcasting Corporation, Winston-Salem, NC. $12,000 NAL. Other violation: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited). Norfolk, VA Resident Agent Office (6/13/02). * Beacon Broadcasting, Inc., Warren, OH. $15,000 NAL. Other violations: 47 C.F.R. 17.48 (Notification of Extinguishment
- http://transition.fcc.gov/eb/Public_Notices/DA-02-2037A1.html
- Mexico, Inc. $3,000 NAL. Dallas, TX District Office (7/9/02). 47 C.F.R. Part 11 Emergency Alert System (EAS) Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * Adelphia Communications Corporation, Coudersport, PA. $8,000 NAL. Atlanta, GA District Office (7/18/02). * L.T. Simes II & Raymond Simes, KAKJ(FM), West Helena, AR. $15,000 NAL. Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration) and 73.1350 (Transmission System Operation). New Orleans, LA District Office (7/22/02). * Rotijefco, Inc., Santa Barbara, CA. $8,000 NAL. Los Angeles, CA District Office (7/26/02). * Smith Broadcasting of Santa Barbara, LP, Santa Barbara, CA. $8,000 NAL. Los Angeles, CA District Office (7/26/02). * Lighthouse Broadcasting, Canon, GA, licensee of WBIC(AM) in Royston, GA. $12,000 NAL. Other violation: 47 C.F.R. 73.1745 (Unauthorized
- http://transition.fcc.gov/eb/Public_Notices/DA-02-2463A1.html
- Part 73 Radio Broadcast Rules * 47 C.F.R. 73.49 AM Transmission System Fencing Requirements * Times and News Publishing Company, Gettysburg, PA. $7,000 NAL. Philadelphia, PA District Office (8/5/02). * Cumulus Licensing Corporation, WNAM, Oshkosh, WI. $7,000 NAL. Chicago, IL District Office (8/16/02). * WCPC Broadcasting Co., Houston, MS. $7,000 NAL. New Orleans, LA District Office (8/21/02). * 47 C.F.R. 73.1350 Transmission System Operations * Clarke Broadcasting Corporation, KTIQ, Merced, CA. $7,000 NAL. Other violations: 47 C.F.R. 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances) and 73.1745 (Unauthorized Operation). San Francisco, CA District Office (8/30/02). * 47 C.F.R. 73.1560 Operating Power and Mode Tolerances * North American Broadcasting Company, Inc., Cave Creek, Arizona. $4,000 NAL. San Diego,
- http://transition.fcc.gov/eb/Public_Notices/DA-02-2978A1.html
- (Antenna Structure Registration). Atlanta, GA District Office (9/24/02). * Aracelis Ortiz, Excutrix of the Estate of Carlos Ortiz, KCOS-LP, Phoenix, AZ. $15,000 NAL. Other violation: 47 C.F.R. 73.1125 (Station Main Studio Location). San Diego, CA District Office (9/30/02). * Hunt Broadcasting Group, Inc., KPWB AM and FM, Piedmont, MO. $19,000 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission Fencing Requirements), 73.1350 (Transmission System Operation), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/30/02). * 47 C.F.R. 11.61 Tests of EAS Procedures * Hoonaauao Community Television, Inc., KWBN-TV, Honolulu, HI. $4,000 NAL. Honolulu, HI Resident Agent Office (9/27/02). 47 C.F.R. Part 17 Construction, Marking and Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration
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- Other violation: 47 C.F.R. 74.780 (Broadcast Regulations Applicable to Translators, Low Power, and Booster Stations). Anchorage, AK Resident Agent Office (1/22/02). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Mt. Rushmore Broadcasting, Inc., Custer, SD (KAWK-FM, Facility ID #43916). Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring and Control), 73.1580 (Transmission System Inspections), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Denver, CO District Office (1/7/02). 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.951 Duty to Respond to Official Communications * Patricia L. Kozel, Muncie, IN. Philadelphia, PA District Office
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- * 47 C.F.R. 11.35 Equipment Operational Readiness * Steven M. Greeley, Lake Havasu City, AX, KJJJ(FM). Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (2/12/02). * Clarke Broadcasting Corp., KAXW, Merced, CA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1215 (Specifications for Indicating Instruments), 73.1350 (Transmission System Operations), 73.1545 (Carrier Frequency Departure Tolerances), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (2/13/02). * Amaturo Group of LA, LTD, KELT(FM), Riverside, CA. San Diego, CA District Office (2/15/02). * Cornerstone
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- CA District Office (3/12/02). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.903 Authorization Required * Fennessey Broadcasting Stations Corp., Scranton, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1225 (Station Inspections by FCC), 73.1350 (Transmission System Operations), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1800 (General Requirements Related to the Station Log), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (3/7/02). * Frankford Hospital, Philadelphia, PA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 90.403 (General Operating
- http://transition.fcc.gov/eb/Public_Notices/DA-03-404A1.html
- 95.426 ((CB Rule 26) Do I Have To Make My Station Available For Inspection?). Seattle, WA District Office (12/30/02). 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.89 Response to Notice of Violation * Melodynamic Broadcasting Corporation, WCER, Canton, OH. $11,000 NAL. Other violations: 47 C.F.R. 11.15 (EAS Operating Handbook), 73.51(Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation) and 73.1870 (Chief Operator). Detroit, MI District Office (12/30/02). * 47 C.F.R. 1.903 Authorization Required * Horizon Communications, Cliffside Park, NJ. $10,000 NAL. Other violation: 47 C.F.R. 90.425 (Station Identification). Philadelphia, PA District Office (12/5/02). 47 C.F.R. Part 11 Emergency Alert System (EAS) Rules * 47 C.F.R. 11.35
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- Michael Radio Group, Glendo, Wyoming. NOV also issued for violation of 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.267 (Determining Operational Power), 73.1125 (Station Main Studio Location), 73.1207 (Rebroadcasts), 73.1225 (Station Inspections by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station License), 73.1300 (Unattended Station Operation), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1540 (Carrier Frequency Measurements), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System Inspections), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operators), 73.3526 (Public Inspection File), and 73.3556 (Duplication of Programming on Commonly Owned or Time Brokered Stations). Denver, CO Office (5/17/00). AT&T Cable Services, Levittown, PA. NOV also issued for violation
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- 47 C.F.R. §§ 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operators). Boston, MA District Office (6/2/00). Citadel Communications Corp., WFHN(FM), Fairhaven, MA. Other violations: 47 C.F.R. § 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operators). Boston, MA District Office (6/2/00). Brown Broadcasting Systems, Inc. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 73.1350 (Transmitter System Operations), 73.1870 (Chief Operators), and 73.3526 (Public Inspection File). Atlanta, GA District Office (6/6/00). Chancellor Media Radio Licensees, LLC, Chicago, IL, WGCI(AM) and WGCI-FM. Chicago, IL District Office (6/8/00). Canton Broadcasters, Inc. Dallas, TX District Office (6/9/00). Columbia College, Chicago, Illinois, WCRX. Other violations: 47 C.F.R. § 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/12/00). St.
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- Requirements). New York, NY District Office (7/31/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.15 - EAS Operating Handbook Garden City Broadcasters, Inc., D.I.P., Fort Worth, TX. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1840 (Retention of Logs), and 73.1870 (Chief Operators). Dallas, TX Office (7/5/00). Electronic Applications Radio Service, WLHN(AM) Muncie, IN. Other violation: 47 C.F.R. § 73.1820 (Station Log). Chicago, IL District Office (7/18/00). 47 C.F.R. § 11.35 - Equipment Operations Readiness
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- and 11.61 (Tests of EAS Procedures). Kansas City, MO District Office (8/23/00). 47 C.F.R. § 11.32 - EAS Encoder Lenora Alexander, KAGM(FM), Strasburg, Colorado. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Requirements), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1545 (Carrier Frequency Departure Tolerance), 73.1580 (Transmission System Inspections), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File For Commercial Stations). Denver, CO District Office (8/2/00). 47 C.F.R. § 11.35 - Equipment Operations Readiness Cumulus Licensing Corporation. Other violation: 47 C.F.R. § 11.61 (Tests
- http://transition.fcc.gov/eb/Public_Notices/da002408.doc http://transition.fcc.gov/eb/Public_Notices/da002408.html
- FL District Office (9/15/00). Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. § 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. § 11.35 -
- http://transition.fcc.gov/eb/Public_Notices/da002635.doc http://transition.fcc.gov/eb/Public_Notices/da002635.html
- Power), 73.1230 (Posting of Station License), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File For Noncommercial Broadcast Stations). Boston, MA District Office (10/10/00). Pollack Broadcasting Company, Cordova, TN. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Monitoring Requirements), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (10/10/00). University of New Hampshire, WUNH, Durham, NH. Other violations: 47 CFR §§ 11.61 (Tests for EAS Procedures), 73.1870 (Chief Operators) and 73.3527 (Local Public Inspection File for Noncommercial Educational Broadcast Stations). Boston, MA District Office
- http://transition.fcc.gov/eb/Public_Notices/da002855.doc http://transition.fcc.gov/eb/Public_Notices/da002855.html
- violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 17.4 (Posting of Antenna Structure Registration), 73.1820 (Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File of Commercial Stations). Detroit, MI District Office (11/24/00). Stepchild Radio of Cincinnati, Inc., Cincinnati, OH. Other violations: 47 C.F.R. §§ 73.267 (Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances) 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation), 73.1820 (Station Log), 73.1870 (Chief Opeator), 73.3527 (Local Public Inspection File for Noncommercial Educational Stations) and Terms of the Station Authorization. Detroit, MI District Office (11/24/00). RJ's Late Night Entertain. Corp., Highland Park, MI. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and
- http://transition.fcc.gov/eb/Public_Notices/da00520.doc http://transition.fcc.gov/eb/Public_Notices/da00520.html
- (failure to maintain a station log). San Juan, PR Office (2/1/00). Morradio, Inc., Greenwood, SC. NOV also issued for violation of numerous rules under 47 C.F.R. Part 73. Atlanta, GA Office (2/2/00). ADD Radio Group, Inc. (WLYN-AM), Lynn, MA. NOV also issued for violation of 47 C.F.R. § 73.1560(a) (operating with reduced power for extended period), and 47 C.F.R. § 73.1350(a) (operating with unauthorized antenna impedance). New England District Office (2/4/00). American General Media Corp., Rochester, New York. Buffalo, NY Office (2/7/00). ABC, Inc., Chicago, IL. Chicago, IL Office (2/8/00). Sinclair Broadcasting Group, Inc., Grand Island, NY. Buffalo, NY Office (2/9/00). Fuente de Concilio Mision Cristina, Carolina, PR. San Juan, PR Office (2/11/00). Mortenson Broadcasting Company of Texas, Inc., Dallas TX.
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- 11 (Emergency Alert System (EAS) Rules) 47 C.F.R. § 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. §§ 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. §§ 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. § 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. § 11.35 (Equipment
- http://transition.fcc.gov/eb/Public_Notices/da011019.doc http://transition.fcc.gov/eb/Public_Notices/da011019.html
- to Notice of Violation Northeast Passage Corporation, Forked River, NJ. $7,000 NAL. Other violation: 47 C.F.R. § 17.4(a) (Antenna Structure Registration). Philadelphia PA District Office (3/20/01). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.35 - Equipment Operations Readiness Radio One Licenses Inc., Lanham, MD. $22,000 NAL. Other violations: 47 C.F.R. §§ 73.1125 (Station Main Studio Location), 73.1350 (Transmission System Operations), 73.1800 (General Requirements Related to the Station Log), and 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (3/8/01). 47 C.F.R. Part 17 - Antenna Structure Construction, Marking, and Lighting of Antenna Structures 47 C.F.R. § 17.4 - Antenna Structure Registration 47 C.F.R. § 17.4(a) - Registration Mitchell Communications, Inc., Lynchburg, VA. $3,000 NAL.
- http://transition.fcc.gov/eb/Public_Notices/da01102.doc http://transition.fcc.gov/eb/Public_Notices/da01102.html
- - EAS Operating Handbook Missouri Valley College, Marshall, MO. Other violation: 47 C.F.R. § 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (12/6/00). KYOO Communications, Bolivar, MO. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (12/8/00). KASA Radio Hogar, Inc. (KDAP Douglas, AZ). Other violations: 47 C.F.R. §§ 73.44 (AM Transmission System Emission Limitations), 73.54 (Antenna Resistance and Reactance Measurements), 73.
- http://transition.fcc.gov/eb/Public_Notices/da011314.doc http://transition.fcc.gov/eb/Public_Notices/da011314.html
- (4/20/01). 47 C.F.R. § 1.948 - Assignment of Authorization or Transfer of Control, Notification of Consummation Greenville Broadcasting Company, Greenville, Pennsylvania. Philadelphia, PA District Office (4/12/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. § 11.15 - EAS Operating Handbook Aura Broadcasting Corp., Hatillo, PR. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1820 (Station Log), and 73.1870 (Chief Operator). San Juan, PR Resident Agent Office (4/3/01). Twin Eagle Communications, Poplar Bluff, MO. 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 73.1125 (Station Main Studio Location), 73.1350 (Transmission System Operation), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (4/19/01). 47 C.F.R. §
- http://transition.fcc.gov/eb/Public_Notices/da011644.doc http://transition.fcc.gov/eb/Public_Notices/da011644.html
- Services, Oroville, CA. Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). San Francisco, CA District Office (5/4/01). Atlantic City Board of Education, Atlantic City, NJ, (WAJM-FM). Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Stations). Philadelphia, PA District Office (5/11/01). Sunflower Cablevision, Lawrence, KS. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 76.305 (Records to be Maintained Locally by Cable System Operators for Public Inspection) and 76.605 (Technical Standards). Kansas
- http://transition.fcc.gov/eb/Public_Notices/da011756.doc http://transition.fcc.gov/eb/Public_Notices/da011756.html
- & Eubank Communications, Inc., WDKN(AM), Dickson, TN. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 73.51 (Determining Operating Power), 73.1230 (Posting of Station License), and 73.1400 (Transmission System Monitoring). Atlanta, GA District Office (6/18/01). Wilson Broadcasting Co., Inc., WAGF(AM), Dothan, AL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring), 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation) and 73.1820 (Station Log). Atlanta, GA District Office (6/18/01). Christian Broadcasting Group, Ceiba, PR. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection
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- ASR# 103090, Kopperston, WV. Other violation: 47 C.F.R. § 17.4(g) (Posting of Antenna Structure Registration Numbers). Columbia, MD District Office (7/11/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. § 11.15 - EAS Operating Handbook John H. Wiggins, WJHW(FM), Bainbridge, GA. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 73.1213 ( Antenna Structure Marking and Lighting), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1820 (Station Log) and 73.1870 (Chief Operator). Atlanta, GA District Office (7/3/01). Lovett Broadcasting Enterprises, Inc., WGRA(AM), Cairo, GA. Other violations: 47 C.F.R. §§ 17.4(g) (Posting of Antenna Structure Registration Number) and 17.50 (Cleaning and Repainting). Atlanta, GA District Office (7/3/01) CSN International, Gillette, WY, (KLWD-FM, Facility ID #84184). Denver, CO
- http://transition.fcc.gov/eb/Public_Notices/da012273.html http://transition.fcc.gov/eb/Public_Notices/da012273.pdf
- (Time When Lights Should Be Exhibited). Kansas City, MO District Office (8/3/01). 47 C.F.R. Part 17 Antenna Structure Construction, Marking, and Lighting of Antenna Structures * 47 C.F.R. 17.51 Time When Lights Should Be Exhibited * Eure Family Limited Partnership, Yorktown, VA. $10,000 NAL. Norfolk, VA Resident Agent Office (8/16/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.1350 Transmission System Operation * Palouse Country, Inc., KMAX(AM), Colfax, WA. $10,000 NAL. Other violations: 47 C.F.R. 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System Inspections), and 73.1870 (Chief Operators). Seattle, WA District Office (8/30/01). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.903 Authorization Required * Robert E.
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- NAL, NOV or Citation. NOTICES OF APPARENT LIABILITY Communications Act * 47 U.S.C. 301 Unauthorized Operation * David Edwin Merrell, Wichita Falls, TX. $10,000 NAL. Dallas, TX District Office (9/10/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.1225 Station Inspections By FCC * Fifth Avenue Broadcasting Co., Inc., WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 90.233 (Base/Mobile Non Voice Operations), and
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- * Clear Channel Broadcasting Licenses, Inc., KTSM-FM, El Paso, TX. Dallas, TX District Office (10/19/01). * Clear Channel Broadcasting Licenses, Inc., KHEY-FM, El Paso, TX. Dallas, TX District Office (10/19/01). * Clear Channel Broadcasting Licenses, Inc., KPRR, El Paso, TX. Dallas, TX District Office (10/19/01). * KXOJ, Inc., KXOJ, Sapulpa, OK. Other violations: 47 C.F.R. 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations) and 73.1870 (Chief Operator). Dallas, TX District Office (10/19/01). * KXOJ, Inc., KXOJ-FM, Sapulpa, OK. Other violations: 47 C.F.R. 73.1350 (Transmission System Operations), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Dallas, TX District Office (10/19/01). * TCI Cablevision of California, Inc., Concord, CA (Physical System #003379). Other violations: 47 C.F.R. 76.605 (Technical
- http://transition.fcc.gov/eb/Public_Notices/da012948.html http://transition.fcc.gov/eb/Public_Notices/da012948.pdf
- Broadcasting, Inc., Greenville, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 17.23 (Specifications for Painting and Lighting of Antenna Structures), 17.48 (Notification of Extinguishment and Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.58 (Indicating Instruments), 73.1201 (Station Identification), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). * School District, Bay City, WCHW-FM, Bay City, MI. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.567 (Determining Operating Power), 73.1230 (Posting
- http://transition.fcc.gov/eb/Public_Notices/da01541.doc http://transition.fcc.gov/eb/Public_Notices/da01541.html
- District Office (1/3/01). 47 C.F.R. § 1.903 - Authorization Required 420 Energy Investments, Inc., WPFP282, Burnsville, WV and WPFQ228, Sardis, WV. $12,000 NAL. Columbia, MD District Office (1/3/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. § 11.35 - Equipment Operational Readiness KYOO Communications, Bolivar, MO. $22,000 NAL. Other violations: 47 C.F.R. §§ 17.50 (Cleaning and Repainting), 73.1350 (Transmission System Operation) and 73.1800 (General Requirements Related to the Station Log). Kansas City, MO District Office (1/31/01). 47 C.F.R. Part 95 - Personal Radio Services 47 C.F.R. § 95.409 - (CB Rule 9) What Equipment May I Use At My CB Station? Jerry Smith, Claymont, DE. $13,500 NAL. Other violations: 47 C.F.R. § 95.410 ((CB Rule 10) How Much
- http://transition.fcc.gov/eb/Public_Notices/da01711.doc http://transition.fcc.gov/eb/Public_Notices/da01711.html
- OF APPARENT LIABILITY 47 C.F.R. Part 73 - Broadcast Radio Services 47 C.F.R. § 73.49 - AM Transmission System Fencing Requirements Erald Broadcasting, Inc, WJRO, Glen Burnie, MD. $7,000 NAL. Columbia, MD District Office (2/5/01). 47 C.F.R. § 73.54 - Antenna Resistance and Reactance Measurements KASA Radio Hogar, Inc., (KDAP - Douglas, AZ). $15,000 NAL. Other violations: 47 C.F.R. §§ 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements) and 73.3526 (Local Public Inspection File for Commercial Stations). San Diego, CA District Office (2/15/01). NOTICES OF VIOLATION Communications Act 47 U.S.C. § 301 - Unauthorized Operations Family Workshop Center Church, K206CM, Lafayette, LA. New Orleans, LA District Office (2/7/01). 47 U.S.C. § 308(b) - Failure to Respond to Letter of Inquiry Galaxy
- http://transition.fcc.gov/eb/bc-chklsts/EB18FMTR06_2008.pdf
- apparatus is designed to operate. The apparatus shall be equipped with suitable meters or meter jacks so that the operating constants can be measured while the apparatus is in operation. [See 74.1250(c)(3)] 28. METERING: Does the equipment at this station allow transmitter control personnel the capability of turning off the transmitter at any time the station is in operation? [See 73.1350(b)(2)] 29. OPERATING PARAMETERS: Does the licensee maintain necessary metering to determine compliance with power at this station? [See 74.1250(c)] 10 SECTION IV: UNATTENDED OPERATION A. UNATTENDED: Translator and Booster stations may be operated without a designated person in attendance if the following requirements are met: 1) If the transmitter site cannot be reached promptly at all hours and in all
- http://transition.fcc.gov/eb/bc-chklsts/EB18LPFM06_2008.pdf
- Does the licensee maintain either automated equipment or periodic human monitoring that enables station operation to be corrected or terminated within 3 hours after an out-of-tolerance condition arises? [See 73.845, 73.1300 and 73.1400(b)] 47. NOTIFICATION: For unattended operations, did the licensee notify the Commission's Media Bureau, in writing, of the address and telephone number of a responsible party? [See 73.845, 73.1350(g), 73.1400(a) and R&O FCC 00-19] 15 16 THIS PAGE INTENTIONALLY LEFT BLANK 17 VI. ABBREVIATIONS ATS - Automatic Transmission System dB - Decibel EAS - Emergency Alert System EFM - Educational FM Station ERP - Effective Radiated Power F - Transmitter Efficiency Factor FAA - Federal Aviation Administration FCC - Federal Communications Commission FM - Frequency Modulation HAAT - Height
- http://transition.fcc.gov/fcc-bin/audio/DA-08-832A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-08-832A1.pdf
- 14, 2008 By the Associate Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and A Radio Company, Inc. (``A Radio''), licensee of AM radio station WEGA in Vega Baja, Puerto Rico. The Consent Decree terminates an investigation by the Bureau against A Radio for possible violations of Sections 73.49, 73.1350(a), and 73.3526 of the Commission's Rules (``Rules'') regarding antenna tower fencing and public inspection file requirements and operating with an unauthorized antenna pattern. The Bureau and A Radio have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent
- http://transition.fcc.gov/fcc-bin/audio/FCC-95-412A1.pdf
- tower lighting status should be monitored at a minimum. Determining proper (daytime/nighttime) mode changes at directional AM sta tions also was suggested, as were readings (such as antenna relative phases and amplitudes) necessary to ensure proper antenna operation. The question was raised as to whether transmitter frequency should be included in the list of important operating parameters. Amendments to Sections 73.1350 and 73.1580 were proposed to state which param eters should be monitored and how the monitoring equip ment should be calibrated and maintained. 28 Notice, paragraphs 25-31. 29 See comments of KIOW (p. 4) which suggested 7-10 min utes. SBA (p. 6) which suggested "at least three minutes," Wagner (p. 5) who suggested "five or ten minutes," Centner (p. 3)
- http://transition.fcc.gov/fcc-bin/audio/am.html
- control point (also called transmission system control point) must be sent to the Audio Division, Mail Stop 1800B2, FCC, Washington, D.C. 20554 within 3 days of the initial use of that point. Notification is not required if personnel can be contacted at the main studio site or at the transmitter site during all hours of operation. See [146]47 CFR Section 73.1350(g) and Question 8 of [147]Unattended Operation of Radio and Television Broadcast Stations. [148]Renewal of License Applications for Radio Broadcast Stations -- All radio broadcast station licenses will expire between 2011 and 2014. Licensees must file a license renewal application (FCC Form 303-S) and the Broadcast Equal Employment Opportunity Program Statement (FCC Form 396) four months before the expiration date of
- http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
- indicating instruments. [476]TEXT [477]PDF 73.1216 Licensee-conducted contests. [478]TEXT [479]PDF 73.1217 Broadcast hoaxes. [480]TEXT [481]PDF 73.1225 Station inspections by FCC. [ [482]Inspection Fact Sheet ] [483]TEXT [484]PDF 73.1226 Availability to FCC of station logs and records. [485]TEXT [486]PDF 73.1230 Posting of station license. [487]TEXT [488]PDF 73.1250 Broadcasting emergency information. [489]TEXT [490]PDF 73.1300 Unattended station operation. [ [491]Unattended Operation ] [492]TEXT [493]PDF 73.1350 Transmission system operation. [494]TEXT [495]PDF 73.1400 Transmission system monitoring and control. [ [496]Unattended Operation ] [497]TEXT [498]PDF 73.1510 Experimental authorizations. [499]TEXT [500]PDF 73.1515 Special field test authorizations. [501]TEXT [502]PDF 73.1520 Operation for tests and maintenance. [503]TEXT [504]PDF 73.1530 Portable test stations [Definition]. [505]TEXT [506]PDF 73.1540 Carrier frequency measurements. [507]TEXT [508]PDF 73.1545 Carrier frequency departure tolerances. [509]TEXT [510]PDF 73.1560 Operating power
- http://transition.fcc.gov/fcc-bin/audio/engrser.html
- of Part 73 of the Commission's Rules to Permit the Introduction of Digital Audio Broadcasting in the the AM and FM Broadcasting Services [USADR Petition] Petition for Rulemaking, RM-9395, filed October 7, 1998 [ [375]PDF ]. NOTE: This document initiated MM Docket 99-325. [376]Next subject [377]Previous subject Directional Antennas AM Directional Antennas July 7, 2003 Amendment of Sections 73.62 and 73.1350 of the Ciommission's Rules [for AM directional broadcast stations] NPRM, MB Docket 03-151, FCC 03-160, released July 7, 2003 [ [378]PDF | [379]Word ]. NOTE: Consideration of procedures when AM directional stations cannot be maintained within tolerances. Comments due by August 29, 2003, reply comments due September 18. 2003. March 7, 2001 An inquiry into the Commission's Policy and Rules
- http://transition.fcc.gov/fcc-bin/audio/fm.html
- control point (also called transmission system control point) must be sent to the Audio Division, Mail Stop 1800B2, FCC, Washington, D.C. 20554 within 3 days of the initial use of that point. Notification is not required if personnel can be contacted at the main studio site or at the transmitter site during all hours of operation. See [163]47 CFR Section 73.1350(g) and Question 8 of [164]Unattended Operation of Radio and Television Broadcast Stations. [165]Renewal of License Applications for Radio Broadcast Stations -- All radio broadcast station licenses will expire between 2003 and 2006. Licensees will need to file a renewal application for the next license term. This page provides information about the radio broadcast license renewal process. Rules and Regulations from
- http://transition.fcc.gov/fcc-bin/audio/published_audio_documents.html
- [ [1785]PDF | [1786]Word ]. Petition for reconsideration filed by Mount Pisgah was denied. June 8, 2007 Union County Broadcasting Co., for renewal of licenses for WMSK (AM) and WEZG, Morganfield, KY, Letter, DA 07-2382, released June 8, 2007. [ [1787]PDF | [1788]Word ]. Petitions to deny were dismissed, renewal applications granted. May 25, 2007 Amendment of Sections 73.62 and 73.1350 of the Commission's Rules , Report and Order (R&O), [1789]MB Docket 03-151, FCC 07-97, released May 25, 2007. [ [1790]PDF | [1791]Word ]. Resolved a conflict between these two rule sections regarding what corrective actions must be taken by an AM directional broadcast station when improper operation occurs. May 18, 2007 Faith Baptist Church, Inc., for renewal of license for
- http://transition.fcc.gov/mb/audio/decdoc/engrser.html
- of Part 73 of the Commission's Rules to Permit the Introduction of Digital Audio Broadcasting in the the AM and FM Broadcasting Services [USADR Petition] Petition for Rulemaking, RM-9395, filed October 7, 1998 [ [375]PDF ]. NOTE: This document initiated MM Docket 99-325. [376]Next subject [377]Previous subject Directional Antennas AM Directional Antennas July 7, 2003 Amendment of Sections 73.62 and 73.1350 of the Ciommission's Rules [for AM directional broadcast stations] NPRM, MB Docket 03-151, FCC 03-160, released July 7, 2003 [ [378]PDF | [379]Word ]. NOTE: Consideration of procedures when AM directional stations cannot be maintained within tolerances. Comments due by August 29, 2003, reply comments due September 18. 2003. March 7, 2001 An inquiry into the Commission's Policy and Rules
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000225.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000225.html http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000225.txt http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000225.wp
- Enforcement Bureau: 1. This order imposes a forfeiture against Arnold Broadcasting Company, Inc. (``Arnold Broadcasting'') in the amount of $16,000 pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 503(b), and Section 1.80 of the Commission's Rules (``the Rules''), 47 C.F.R. § 1.80, for willful violations of Sections 11.35, 11.61, 17.4, 73.1225, 73.1350, 73.1820, and 73.1870 of the Rules, 47 C.F.R. §§ 11.35, 11.61, 17.4, 73.1225, 73.1350, 73.1820, and 73.1870. These violations include failure to comply with the Rules for Emergency Alert System (``EAS'') equipment and antenna structure registration, as well as numerous violations of the Rules for broadcast stations. BACKGROUND 2. On May 19, 1999, agents of the Commission's Denver Field Office
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000526.doc
- ) NAL/Acct. No. 915TP0004 Radio Station WJTF-FM ) Panama City, Florida ) MEMORANDUM OPINION AND ORDER Adopted: March 8, 2000 Released: March 9, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we reaffirm a monetary forfeiture of $3,000 issued by the former Compliance and Information Bureau to Joy Public Broadcasting Corporation (``Joy'') for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Rules. Respectively, these sections require that broadcast stations make periodic calibrations of the station's monitoring equipment, make equipment performance measurements upon the initial installation of a new transmitter, and designate the station's chief operator in writing and post a copy of the designation with the station license. The Notice of Apparent Liability (``NAL'') in this
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- and Order, we deny a Petition for Reconsideration filed on March 25, 1999, by Hoosier Broadcasting Corporation (``Hoosier''), licensee of FM Station WIRE, Lebanon, Indiana (formerly WWRE). Hoosier seeks reconsideration of a Forfeiture Order, in which the former Compliance and Information Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of $4,000 for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules''). The noted violation involves operation at an antenna height that exceeded the station's authorization. For the reasons discussed below, we affirm the $4,000 monetary forfeiture. II. BACKGROUND 2. On May 5, 1998, agents from the FCC's Chicago, Illinois Field Office (``Field Office''), acting in response to an interference complaint from FM Station WEDM, Indianapolis, Indiana,
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- 11 (Emergency Alert System (EAS) Rules) 47 C.F.R. § 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. §§ 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. §§ 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. § 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. § 11.35 (Equipment
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- the resident agent of the Commission's Portland Field Office conducted an inspection of the captioned stations. The inspection disclosed numerous violations of the rules, including: those noted above; failure to make appropriate entries in station records concerning EAS required weekly and monthly tests (47 C.F.R. § 11.61(b)); reliance on an inoperable telephone dial-up remote control for KHSN(AM) (47 C.F.R. § 73.1350(c)); and failure to post antenna registration numbers at the towers for KACW(FM) and KBBR(AM) (47 C.F.R. § 17.4). Following issuance of a Notice of Violation (``NOV'') on April 21, 1999, and review of the licensee's response, the Portland Field Office, on August 24, 1999, issued a Notice of Apparent Liability (``NAL'') to Bay, which proposed a forfeiture of $19,000. The
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002005.doc
- (``Order''), we deny a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on March 9, 2000. That Memorandum Opinion and Order denied Joy's petition for reconsideration of the Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involve Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. Reconsideration is appropriate only
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- (failure to maintain a station log). San Juan, PR Office (2/1/00). Morradio, Inc., Greenwood, SC. NOV also issued for violation of numerous rules under 47 C.F.R. Part 73. Atlanta, GA Office (2/2/00). ADD Radio Group, Inc. (WLYN-AM), Lynn, MA. NOV also issued for violation of 47 C.F.R. § 73.1560(a) (operating with reduced power for extended period), and 47 C.F.R. § 73.1350(a) (operating with unauthorized antenna impedance). New England District Office (2/4/00). American General Media Corp., Rochester, New York. Buffalo, NY Office (2/7/00). ABC, Inc., Chicago, IL. Chicago, IL Office (2/8/00). Sinclair Broadcasting Group, Inc., Grand Island, NY. Buffalo, NY Office (2/9/00). Fuente de Concilio Mision Cristina, Carolina, PR. San Juan, PR Office (2/11/00). Mortenson Broadcasting Company of Texas, Inc., Dallas TX.
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- 11 (Emergency Alert System (EAS) Rules) 47 C.F.R. § 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. §§ 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. §§ 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. § 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. § 11.35 (Equipment
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- Michael Radio Group, Glendo, Wyoming. NOV also issued for violation of 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.267 (Determining Operational Power), 73.1125 (Station Main Studio Location), 73.1207 (Rebroadcasts), 73.1225 (Station Inspections by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station License), 73.1300 (Unattended Station Operation), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1540 (Carrier Frequency Measurements), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System Inspections), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operators), 73.3526 (Public Inspection File), and 73.3556 (Duplication of Programming on Commonly Owned or Time Brokered Stations). Denver, CO Office (5/17/00). AT&T Cable Services, Levittown, PA. NOV also issued for violation
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- 47 C.F.R. §§ 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operators). Boston, MA District Office (6/2/00). Citadel Communications Corp., WFHN(FM), Fairhaven, MA. Other violations: 47 C.F.R. § 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operators). Boston, MA District Office (6/2/00). Brown Broadcasting Systems, Inc. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 73.1350 (Transmitter System Operations), 73.1870 (Chief Operators), and 73.3526 (Public Inspection File). Atlanta, GA District Office (6/6/00). Chancellor Media Radio Licensees, LLC, Chicago, IL, WGCI(AM) and WGCI-FM. Chicago, IL District Office (6/8/00). Canton Broadcasters, Inc. Dallas, TX District Office (6/9/00). Columbia College, Chicago, Illinois, WCRX. Other violations: 47 C.F.R. § 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/12/00). St.
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- Requirements). New York, NY District Office (7/31/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.15 - EAS Operating Handbook Garden City Broadcasters, Inc., D.I.P., Fort Worth, TX. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1840 (Retention of Logs), and 73.1870 (Chief Operators). Dallas, TX Office (7/5/00). Electronic Applications Radio Service, WLHN(AM) Muncie, IN. Other violation: 47 C.F.R. § 73.1820 (Station Log). Chicago, IL District Office (7/18/00). 47 C.F.R. § 11.35 - Equipment Operations Readiness
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- and 11.61 (Tests of EAS Procedures). Kansas City, MO District Office (8/23/00). 47 C.F.R. § 11.32 - EAS Encoder Lenora Alexander, KAGM(FM), Strasburg, Colorado. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Requirements), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1545 (Carrier Frequency Departure Tolerance), 73.1580 (Transmission System Inspections), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File For Commercial Stations). Denver, CO District Office (8/2/00). 47 C.F.R. § 11.35 - Equipment Operations Readiness Cumulus Licensing Corporation. Other violation: 47 C.F.R. § 11.61 (Tests
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- FL District Office (9/15/00). Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. § 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. § 11.35 -
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- 70. Numerous rule sections that require the submission of informal letters to the Commission for various types of notifications or requests state erroneous addresses where the submissions should be sent. Accordingly, we shall amend the following rule sections to include the proper address within the Commission to which the submission should be sent: Sections 73.45, 73.54, 73.58, 73.68, 73.258, 73.561, 73.1350, 73.1560, 73.1580, 73.1750, 73.3542, 73.3544, 73.3549, 74.734, 74.751, 74.763, 74.784, 74.1231, and 74.1234. 71. We shall adopt revisions to 47 C.F.R. § 74.1235 of the Commission's rules with respect to the protection that must be afforded to and received from FM translator stations within 320 kilometers of the Canadian and Mexican borders. These revised protection requirements were promulgated in the
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- considerations and procedures in situations requiring an STA or permit temporary operation at variance without prior authorization from the FCC when notification is filed as prescribed in the particular rules. See § 73.62, Directional antenna system tolerances; § 73.157, Antenna testing during daytime; § 73.158, Directional antenna monitoring points; § 73.691, Visual modulation monitoring; § 73.1250, Broadcasting emergency information; § 73.1350, Transmission system operation; § 73.1560, Operating power and mode tolerances; § 73.1570, Modulation levels: AM, FM, TV and Class A TV aural; § 73.1615, Operation during modification of facilities; § 73.1680, Emergency antennas; and § 73.1740, Minimum operating schedule. * * * * * 29. Section 73.1660 is amended to read as follows: § 73.1660 Acceptability of broadcast transmitters. (a)
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- 5, 1999. WIRELESS TELCOMMUNICATIONS BUREAU GRANTS CONSENT TO ASSIGN OR TRANSFER C AND F BLOCK BROADBAND PCS LICENSES.Contacts: Rita Cookmeyer or Rachel Kazan at (202) 418-0660. (DA No. 99-435). ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- DOMINGA BARRETO SANTIAGO, MOCA, PR. Affirmed the $4,000 forfeiture issued to Dominga Barreto Santiago, licensee of AM station WZNA, Moca, PR, for willful violation of Sections 73.1350(a) and (d)(2) of the Rules. Action by Director, Legal Services Group. Adopted: February 26, 1999. by Forfeiture Order. (DA No. 99-439). CIB Internet URL: [7]http://www.fcc.gov/Bureaus/Compliance/Orders/1999/da990439.wp ADELPHIA CABLE COMMUNICATIONS. Denied complaint filed against the August 1, 1998 rate increase for the cable programming services tier in Tonawanda, NY. Action by Acting Chief, Financial Analysis and Compliance Division. Adopted: March 1, 1999.
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- by the Commission. Adopted: March 19, 1999. by Policy Statement. (FCC No. 99-53). CCB Internet URL: [23]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99053.wp ERRATA TO ORDER (DA 98-2633) RELEASED DECEMBER 28, 1998, ARMIS ANNUAL SUMMARY REPORT. Action by Chief, Accounting Safeguards Division. by Errata. CCB Internet URL: [24]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/er982633.wp MORRADIO INC., RADIO STATION WLMA(AM), GREENWOOD, SC. Affirmed $4,000 forfeiture issued to Morradio for willful violations of Sections 73.1350(a) and 73.1690 of the rules. Action by Director, Legal Services Group. Adopted: March 31, 1999. by Forfeiture Order. (DA No. 99-631). CIB LORAL ORION SERVICES, INC. Authorized Loral Orion to construct and operate an 11-meter, Ku-band earth station, and a 13-meter C-band satellite earth station at Kapolei, HI, and to conduct tracking, telemetry and command and gateway communications services to
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- AND POST-REPLY COMMENT PERIOD FILINGS IN PERMIT-BUT-DISCLOSE PROCEEDINGS (1 OF 2). OMD. Contact: Barbara P. Chappelle (202) 418-0310 [12]DOC-227830A1.doc [13]DOC-227830A1.pdf [14]DOC-227830A1.txt Released: 10/29/2002. TARIFF TRANSMITTALS PUBLIC REFERENCE LOG. WCB [15]DOC-227828A1.pdf [16]DOC-227828A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- MOUNT RUSHMORE BROADCASTING, INC.. Issued a $3,000 forfeiture to Mount Rushmore Broadcasting, Inc., licensee of KZMX(FM), Hot Springs, South Dakota, for willfully violating Sections 73.1350 and 73.1400 of the Rules.. Action by: Chief, Enforcement Bureau. Adopted: 10/24/2002 by Forfeiture Order. (DA No. 02-2825). EB [17]DA-02-2825A1.doc [18]DA-02-2825A1.pdf [19]DA-02-2825A1.txt MOUNT RUSHMORE BROADCASTING, INC.. Issued $10,000 forfeiture to Mount Rushmore Broadcasting, Inc., licensee of KAWK(FM), Custer, SD, for willfully operating an unlicensed aural broadcasting auxiliary station without Commision authorization. Action by: Chief, Enforcement Bureau. Adopted: 10/24/2002 by Forfeiture
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- 355 Released: 03/24/2003. EXPERIMENTAL ACTIONS. OET [3]DOC-232432A1.doc [4]DOC-232432A1.pdf [5]DOC-232432A1.txt Released: 03/24/2003. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG. WCB. Contact: Reference Information Center at (202) 418-0270 [6]DOC-232428A1.pdf [7]DOC-232428A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- RADIO 810 NASHVILLE, INCORPORATED. Issued a monetary forfeiture in the amount of $10,000 to Radio 810 Nashville, Inc., licensee of Station WMGC(AM), Murfreesboro, TN for willfully violating Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 03/20/2003 by Forfeiture Order. (DA No. 03-840). EB [8]DA-03-840A1.doc [9]DA-03-840A1.pdf [10]DA-03-840A1.txt INTERFERENCE IMMUNITY PERFORMANCE SPECIFICATIONS FOR RADIO RECEIVERS/ REVIEW OF THE COMMMISSION'S RULES AND POLICIES AFFECTING THE CONVERSION TO DIGITAL TELEVISION. The Commission begins consideration of incorporating receiver interference immunity performance specifications into our spectrum policy on a
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- Due: 05/20/2003. WCB. Contact: Janice M. Myles at (202) 418-1580 [7]DA-03-1184A1.doc [8]DA-03-1184A1.pdf [9]DA-03-1184A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- MARIA L. SALAZAR, LICENSEE OF STATION KTCM(FM), KINGMAN, KS. Issued a monetary forfeiture in the amount of $39,000 to Maria L. Salazar for willful and repeated violations of Sections 301 and 303(q) of the Communications Act of 1934, as amended, and Sections 73.1350(a) and 17.51 of the Commission's Rules. Action by: Chief, Enforcement Bureau / TPSD. Adopted: 04/17/2003 by Forfeiture Order. (FCC No. 03-94). EB [10]FCC-03-94A1.doc [11]FCC-03-94A1.pdf [12]FCC-03-94A1.txt R/L DBS COMPANY, LLC. Granted and authorized R/L DBS Company, LLC an extension of its launch milestone and extended the attendant milestones for shipping the spacecraft to the launch site and for final testing of
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- Video Division, Media Bureau. Adopted: 07/02/2003 by R&O. (DA No. 03-2187). MB [32]DA-03-2187A1.doc [33]DA-03-2187A1.pdf [34]DA-03-2187A1.txt CABLE ONE, INC. Granted the Petition for a determination of effective competition filed in the captioned proceeding by Cable One, Inc. Action by: Deputy Chief, Policy Division, Media Bureau. Adopted: 06/26/2003 by MO&O. (DA No. 03-2102). MB [35]DA-03-2102A1.doc [36]DA-03-2102A1.pdf [37]DA-03-2102A1.txt AMENDMENT OF SECTIONS 73.62 AND 73.1350 OF THE COMMISSION'S RULES. Sought comment on the analysis, questions, discussions and statements of issues in this Notice of Proposed Rulemaking. (Dkt No. 03-151). Action by: By the Commission. Adopted: 07/01/2003 by NPRM. (FCC No. 03-160). MB [38]FCC-03-160A1.doc [39]FCC-03-160A1.pdf [40]FCC-03-160A1.txt FAIRCLARK CABLE TV, INC., D/B/A TIME WARNER CABLE. Granted petition for a determination of effective competition filed in the captioned
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- failure to clean and repaint its antenna structure to maintain good visibility. Action by: Chief, Enforcement Bureau. Adopted: 07/29/2004 by Forfeiture Order. (DA No. 04-2388). EB [7]DA-04-2388A1.doc [8]DA-04-2388A1.pdf [9]DA-04-2388A1.txt CORNELL COLLEGE. Cancelled the monetary forfeiture in the amount of $13,000 to Cornell, the licensee of noncommercial educational FM Station KRNL, Mt. Vernon, IA. Admonished Cornell for its violations of Sections 73.1350(b)(2) and Section 73.3527(c) of the Rules. Action by: Chief, Enforcement Bureau. Adopted: 07/29/2004 by MO&O. (DA No. 04-2387). EB [10]DA-04-2387A1.doc [11]DA-04-2387A1.pdf [12]DA-04-2387A1.txt PEARSON BROADCASTING OF MENA, INC. Issued a monetary forfeiture in the amount of $1,600 to Pearson Broadcasting of Mena, Inc., licensee of FM Station KTTG, Mena, Arkansas, for failure to receive and transmit required weekly and monthly tests
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070525.html
- MB [38]DA-07-2195A1.doc [39]DA-07-2195A1.pdf [40]DA-07-2195A1.txt FM TABLE OF ALLOTMENTS, BOKCHITO AND CLAYTON, OK. Proposed Amendment of the FM Table of Allotments for these listed communities. (Dkt No. RM-11330 , 07-017). Action by: Assistant Chief, Audio Division, Media Bureau. Comments Due: 07/16/2007. Reply Comments Due: 07/31/2007. Adopted: 05/23/2007 by NPRM. (DA No. 07-2194). MB [41]DA-07-2194A1.doc [42]DA-07-2194A1.pdf [43]DA-07-2194A1.txt AMENDMENT OF SECTIONS 73.62 AND 73.1350 OF THE COMMISSION' S RULES.. Resolved conflict between the requirements of the Commission's rules regarding what corrective actions an AM broadcast station licensee must take when encountering difficulties in the operation of a station's AM directional antenna. (Dkt No. 03-151). Action by: the Commission. Adopted: 05/22/2007 by R&O. (FCC No. 07-97). MB [44]FCC-07-97A1.doc [45]FCC-07-97A1.pdf [46]FCC-07-97A1.txt FM TABLE OF ALLOTMENTS, GRANTS
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- TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, AND DE FACTO TRANSFER LEASE APPLICATIONS, AND DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS ACCEPTED FOR FILING. PSHSB [66]DOC-291159A1.pdf [67]DOC-291159A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- MINORITY BUSINESS & HOUSING DEVELOPMENT, INC. Issued a monetary forfeiture in the amount of $25,000 to Minority Business & Housing Development, Inc. for willfully and repeatedly violating Section 1.1310, Section 73.1350(a), and Section 73.3527(a) of the Commission's Rules. Action by: Regional Director, Northeast Region, Enforcement Bureau. Adopted: 05/28/2009 by Forfeiture Order. (DA No. 09-1208). EB [68]DA-09-1208A1.doc [69]DA-09-1208A1.pdf [70]DA-09-1208A1.txt MEADE COUNTY COMMUNICATIONS, INC. Issued a $7,000 forfeiture to Station WMMG-FM, Brandenburg, Kentucky. Action by: Chief, Audio Division, Media Bureau. Adopted: 06/02/2009 by Forfeiture Order. (DA No. 09-1243). MB [71]DA-09-1243A1.doc [72]DA-09-1243A1.pdf [73]DA-09-1243A1.txt POST-TRANSITION
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- some time in early July 2000. The FCC inspection of the station on March 24, 1999 found excessive field intensity at 4 out of 5 nighttime monitoring points. 7. Section 73.62(b)(3) states that ``If any monitoring point exceeds its specified limit, the licensee must either terminate operation within 3 hours or reduce power in accordance with the applicable provisions of 73.1350(d), in order to eliminate any possibility of interference or excessive radiation in any direction.''4 During the inspection on August 4, 2000, the measured field intensity at 4 out of 5 designated nighttime monitoring points exceeded the maximum allowed under the station's authorization. According to KIRL station engineer, Jack Leverich, the nighttime power must be lowered to 55% of authorized to
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- 1999, agents from the Federal Communications Commission's ( Commission) Enforcement Bureau, Tampa District Office, conducted field strength measurements and monitored broadcast times of radio station WKLN, 1170 kHz, St. Augustine, Florida. On May 4, 1999, agents inspected radio station WKLN. The monitoring and inspection revealed several violations of the Commission's Rules, including violations of 47 C.F.R. Sections 73.99(d)(1), 73.99(e), 73.1560(a)(1), 73.1350(c)(1), 73.1840(a), and 11.61(a)(1)(i) and (2)(ii)(A). On June 3, 1999, an Official Notice of Violation, (NOV), was issued to Betty's Communications Companies, Inc., by the Tampa District Office1. 4. On June 18, 1999, the Tampa District Office received a written response to the NOV from Mr. Harold Osborne, General Manager of radio station WKLN, St. Augustine, Florida. In his reply to
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- 200332360003 Canton, Ohio ) ) FRN: 0007-96-0818 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 30, 2002 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Melodynamic Broadcasting Corporation, (?Melodynamic?), licensee of radio station WCER, Canton, Ohio, has apparently violated Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Commission's Rules (?Rules?)1. Respectively, these sections require that the station respond to Commission communications; maintain a copy of the Emergency Alert System (EAS) handbook; maintain a record of the dates of commencement and termination of power determination by the indirect method; maintain a record of the efficiency factor F for each mode of operation;
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- ) Uniondale, New York ) FRN: 0007-5125-28 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 30, 2002 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Minority Business and Housing Development, Inc. (``Minority Business''), the licensee of radio station WYGG, has apparently violated Sections 11.35(a) and 73.1350(a) of the Commission's Rules (the ``Rules'').1 These sections respectively, require that the station have installed an operational EAS system, and that the station operate in accordance with the terms of the station authorization. We conclude that Minority Business is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND 2. On February 20, 2002, the
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- 200232960001 Merced, California ) FRN 0003-7254-54 Facility ID # 87180 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 30, 2002 By the District Director, San Francisco Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Clarke Broadcasting Corporation (``Clarke''), licensee of station KTIQ,1 Merced, California, apparently willfully violated Sections 73.1350(a) and (c), and 73.1400 of the Commission's Rules ("Rules") by failing to provide adequate transmitter control. We further find that Clarke apparently willfully and repeatedly violated 73.1560(a) and 73.1745(a) of the Rules by failing to maintain proper authorized power.2 We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),3 that Clarke is apparently liable for
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- ) FRN 0005-0019-46 Roswell, New Mexico ) Facility ID #34871 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 14, 2002 By the District Director, Denver Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that King Broadcasting Company ("King"), licensee of station KBIM, Roswell, New Mexico, apparently willfully violated Sections 73.49, 73.1350 and 73.1400 of the Commission's Rules ("Rules") by failing to provide an effective enclosure for the station's antenna structure and failing to establish monitoring procedures to ensure compliance with authorized operating power, mode of operation and AM directional system parameters. We further find that King apparently willfully and repeatedly violated 73.1560 of the Commission's Rules1 by exceeding nighttime power levels
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237967A1.html
- ) FRN 0006-1600-48 Albuquerque, New Mexico ) Facility ID #227 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 28, 2002 By the District Director, Denver Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ramh Corporation ("Ramh"), licensee of station KDEF in Albuquerque, New Mexico, apparently willfully violated Sections 73.1125, 73.1350 and 73.1400 of the Commission's Rules ("Rules") by failing to maintain a main studio presence, and failing to establish monitoring procedures to ensure compliance with authorized operating power, mode of operation and AM directional system parameters.1 We further find that Ramh apparently willfully and repeatedly violated Section 73.1560 of the Rules,2 by exceeding nighttime power levels and operating with an
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- we find L.T. Simes II & Raymond Simes (``Simes''), licensee of FM radio station KAKJ, Marianna, Arkansas, and owner of unregistered antenna structure located at 34 47' 20'' North latitude by 090 47' 08'' West longitude near Marianna, Arkansas, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for willful violation of Sections 11.35(a), 17.4(a), and 73.1350(a) of the Commission's Rules (``Rules'').1 Specifically, we find L.T. Simes II & Raymond Simes apparently liable for failing to ensure Emergency Alert System (``EAS'') equipment was installed and operational, failing to register their antenna structure with the Commission, and failing to construct the transmitter site and antenna structure at its licensed geographical coordinates. II. BACKGROUND 2. On May 22, 2002,
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- Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Truth Broadcasting Corp. (``Truth''), licensee of AM radio station WTOB, Winston-Salem, North Carolina, and owner of antenna structures used as part of station WTOB located at 36 08' 53" North Latitude by 080 19' 11" West Longitude, willfully and repeatedly violated Sections 17.4(a), 73.49, and 73.1350(a) of the Commission's Rules.1 Truth failed to register its antenna structures, failed to enclose three of its antenna towers within an effective locked fence or other enclosure, and failed to operate in accordance with the terms of the station authorization in that the station exceeded authorized field strength limits. We conclude that Truth is apparently liable for forfeiture in the
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- of this Notice Of Apparent Liability shall be sent by regular mail and Certified Mail Return Receipt Requested to Atlantic Beach Radio, Inc., c/o Putbrese, Hunsaker & Trent, P.O. Box 217, Sterling, VA 20167. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office _________________________ 1 47 C.F.R 11.35 and 73.1745. 2 See 47 C.F.R. 11.35(a)-(b). 3 See 47 C.F.R. 73.1350 and 73.1400. 4 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', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate
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- FRN 0004-9860-22 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 8, 2002 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Farnell O'Quinn, licensee of radio station WUFF, Eastman, Georgia, apparently liable for a forfeiture in the amount of four thousand dollars ($4,000) for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules'').1 We find Farnell O'Quinn apparently liable for failure to operate in accordance with the terms of the station authorization. Specifically, WUFF's transmitter site is not located at its licensed geographical coordinates. II. BACKGROUND 2. On June 11, 2002 an agent of the Federal Communications Commission (``FCC'') Enforcement Bureau's Atlanta Field Office (``Field Office'') inspected the
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- four antenna structures associated with the KGGF directional operation. In addition, the station was not receiving EAS tests from one monitoring source. 3. On May 7, 1998, the Kansas City Office issued a Notice of Violation (``NOV'') to KGGF-KUSN, Inc. for violations detected during the May 1, 1998 inspection of KGGF. The NOV specifically cited 47 C.F.R. 11.17, 11.35(a), 73.1225(c), 73.1350(c), 73.1350(d), 73.1560(a) and 73.1870(c)(3). 4. On May 18, 1998, a reply was received to the NOV from KGGF-KUSN, Inc. President, John B. Mahaffey. In that reply, Mr. Mahaffey stated that station personnel were unaware that the station was required to receive two EAS weekly tests and that they would follow up with each of the monitoring sources if they do
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- transmit and log the required EAS tests, and failed to make the appropriate entries in the broadcast station log detailing the cause of the failure to receive the required EAS tests and activations. (b) Did not have a remote control system at the main studio able to provide sufficient transmission system monitoring and control capability to ensure compliance with Section 73.1350 of the Rules.2 (c) Failed to maintain a station log. (a) . Other violations noted during the inspection of WGEZ were that the station:were: (a) dDid not have descriptions and diagrams documenting the measurement of the antenna resistance on file at the station. (a) dDid not have the station authorization posted and readily available at the station. (b) (c) dDid
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- Huntington, West Virginia ) NAL/Acct. No. 200132360003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 21, 2001 By the District Director, Detroit Office, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''), the licensee of WCMI(AM), licensed to Ashland, Kentucky, has apparently violated Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1) and 73.3526(e)(12) of the Commission's Rules (``Rules'')1. Respectively, these Rules require a copy of the most recent antenna impedance measurements be made available upon request by representatives of the FCC, WCMI(AM) be operated according to the terms of the station authorization, a construction permit be filed for modification of transmission system facilities, and, a copy of the current
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- ) EB-00- KC-194 Bolivar, Missouri 65613 ) NAL/Acct.No. 20013256-001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 31, 2001 By the Enforcement Bureau, Kansas City Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that KYOO Communications, licensee of station KYOO (AM), Bolivar, Missouri, and KYOO-FM, Half-Way, Missouri, has apparently violated sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Commission's Rules (``Rules'') for failure to maintain operational Emergency Alert System (``EAS'') equipment, for failure to clean and repaint the KYOO antenna structure as often as necessary to maintain good visibility, for failure to monitor and control the KYOO transmitter and for failure to maintain station logs.1 We conclude that KYOO Communications is apparently liable for
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- FORFEITURE Released: September 30, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Hunt Broadcasting Group, Inc. (``Hunt''), licensee of radio stations KPWB AM and FM, Piedmont, Missouri, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for willful violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6) and 73.3526(e)(12) of the Commission's Rules (``Rules'').1 Specifically, we find Hunt apparently liable for failure to provide an effective locked fence enclosing the base of the station's AM antenna, failure to provide transmitter control and monitoring capabilities, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain all required items in the station's
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- maintained a manager responsible for accounts receivable and a receptionist. All station operation, other than accounts receivable, were under the direction and oversight of Wilks. 8. On June 18, 2001, FCC Kansas City issued an NOV to Two Rivers for the violations detected during the May 29, 2001, inspection. Violations included 47 C.F.R. 11.61(a)(2), 11.35(a), 17.47(a)(1), 17.47(a)(2), 17.47(a)(3), 17.48(a), 17.49(a-d), 73.1350(c)(1), 73.1350(c)(2), 73.1800(a), 73.1820(a), 73.1820(a)(1), 73.1820(a)(1)(iii), and 73.1870(c)(3). 9. On June 6, 2001, Two Rivers submitted documentation supporting their claim that they were the owners of antenna structure #1028734. The structure was acquired by Two Rivers as part of an asset exchange agreement dated March 7, 2000. Two Rivers made application to the FCC on June 6, 2001 to have the
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- NAL/Acct No. 200132940002 1445 West Baseline Rd. ) Case No. EB-00-SD-295 Phoenix, AZ 85041 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 15, 2001 Released: February 15, 2001 By the Enforcement Bureau: San Diego Office I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find KASA Radio Hogar, Inc. (Hogar) has apparently violated Sections 73.54(d), 73.1350(c)(1), 73.1590(a)(6) and 73.3526(a)(2) of the Commission's Rules and Regulations (Rules), by failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection, failure to have the proper monitoring equipment installed at the duty operator position, failure to conduct annual equipment performance measurements and failure to maintain a Public Inspection File1. We conclude that Hogar is
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- least once a week to determine if required entries are being made correctly and verify that the station has been operating as required by the Commission's rules and the station's authorization.9 10. Based on the evidence before us, we find that on January 17 and 18, 2001, Palouse Country, Inc., licensee of station KMAX (AM) willfully and repeatedly violated Sections 73.1350(a), 73.1400(a)(1)(ii), and 73.1560(a) of the Commission's Rules when it operated station KMAX(AM) with excessive power during the night time mode in contravention of its station authorization and failed to connect remote control systems to provide transmitter monitoring capability to ensure compliance with the station authorization. We further find that Palouse Country, Inc., willfully and repeatedly violated section 73.1580 and 73.1870(c)(3)
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- WBOT ) Brockton, MA ) NAL/Acct. No. 200132260001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 8, 2001 By the District Director, Boston Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that RADIO ONE LICENSES INC. (``Radio One''), licensee and operator of WBOT (FM), Brockton, MA, apparently violated Sections 11.35(a), 73.1125(d), 73.1350(c)(1), 73.1800(a), and 73.3526(a)(2) of the Commission's Rules (the ``Rules'').1 The violations include failure to have operational Emergency Alert System (``EAS'') equipment, failure to conduct and log required EAS tests, failure to establish a local or toll- free telephone number in the community of license, failure to establish monitoring procedures to determine compliance with Section 73.15602 regarding operating power, failure to
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- Radio Station WMGC, ) FRN 0006-3776-00 Murfreesboro, Tennessee ) Evansville, IN 47714 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 18, 2002 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Radio 810 Nashville, Incorporated (``Radio 810''), licensee of radio station WMGC, Murfreesboro, Tennessee, willfully violated Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Commission's Rules (``Rules'').1 Specifically, Radio 810 failed to maintain properly calibrated indicating instruments, failed to terminate broadcast operation as required when the station operated in non-compliance with the technical rules, and exceeded the authorized transmitter power by failing to reduce power at sunset. The violations of Sections 73.1350(d)(2) and 73.1745(a) also are repeated violations. We conclude
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- ) Hot Springs, South Dakota ) Facility ID #46712 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 31, 2002 By the District Director, Denver Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Mount Rushmore Broadcasting, Inc., ("Rushmore") licensee of station KZMX, in Hot Springs, South Dakota, apparently willfully violated Sections 73.1350 and 73.1400 of the Commission's Rules ("Rules")1 by failing to establish monitoring procedures and schedules to determine compliance with operating power and modulation levels and failing to have positive on/off control of the transmitter. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),2 that Rushmore is apparently liable for a forfeiture in the amount
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- which applies to Section 503(b) of the Act, provide that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act....'' See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 5 47 C.F.R. 73.1350 and 74.1400. 6 The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 7 47 U.S.C. 503(b)(2)(D). 8 47 U.S.C. 503(b); 47 C.F.R. 0.111, 0.311, 1.80, 73.1560(a). 9 47 C.F.R. 1.1914. 10 Pursuant to 47 C.F.R. 0.314(j) and 73.1835 of
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- 780911AM. 4 47 U.S.C. 503(b). 5 Section 312(f)(2), 47 U.S.C. 312(f)(2), which also applies to Section 503(b), provides: "[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." 6 47 C.F.R. 73.1350(a). 7 The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 8 47 U.S.C. 503(b)(2)(D). 9 47 U.S.C. 503(b). 10 47 C.F.R. 0.111, 0.311, 1.80 and 73.1745. 11 See 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237677A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237677A1.doc
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- APPARENT LIABILITY FOR FORFEITURE Released: June 27, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Cornell College, (``Cornell''), licensee of FM radio station KRNL-FM, Mt. Vernon, Iowa, apparently liable for forfeiture in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 73.1350(b)(2) of the Commission's Rules (``Rules'') and willful violation of Section 73.3527(c) of the Rules.1 Specifically, we find Cornell College apparently liable for failing to maintain transmitter control and failing to make available the station's public inspection file. II. BACKGROUND 2. On March 18, 2003, an agent from the FCC Enforcement Bureau's Kansas City Office conducted an inspection of KRNL-FM. At
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- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Jarad Broadcasting Company of Westhampton, Inc. (``Jarad''), licensee of radio station WDRE. 2. On October 15, 2003, agents of the Commission's New York Office inspected the transmitting facilities of radio station WDRE, located near Kimberly Ct., Manorville, New York, and observed the following violation: 47 C.F.R. 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' The license for station WDRE authorizes Jarad to operate with an antenna radiation center above ground level (RCAGL) of 40 meters. However, Jarad was
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-240659A1.html
- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Jarad Broadcasting Company of Calverton, Inc. (``Jarad''), licensee of radio station WXXP. 2. On October 15, 2003, agents of the Commission's New York Office inspected the transmitting facilities of radio station WXXP, located near Kimberly Ct., Manorville, New York, and observed the following violation: 47 C.F.R. 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' The license for station WXXP authorizes Jarad to operate with an antenna radiation center above ground level (RCAGL) of 90 meters. However, Jarad was
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- New Orleans Office, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to First Natchez Corporation, licensee of FM radio station WQNZ. 2. On November 12, 2003, agents of the Commission's New Orleans Office inspected radio station WQNZ located at Natchez, Mississippi, and observed the following violations: 2.a. 47 C.F.R. 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' The station authorization for WQNZ states that the station should produce 35,000 watts into a six-bay antenna system in order to produce its required
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- York ) ) FRN: 0003 5063 18 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 19, 2004 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Jarad Broadcasting Company of Calverton, Inc. (``Jarad''), the licensee of radio station WDRE, has apparently violated Section 73.1350(a) of the Commission's Rules (the ``Rules''),1 by operating with an excessive antenna height. This section requires that a licensee operate its broadcast station in accordance with the terms of the station authorization. We conclude that Jarad is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. BACKGROUND 2. On September 26, 2003, the FCC New
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- York ) ) FRN: 0004 9288 34 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 20, 2004 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Jarad Broadcasting Company of Westhampton, Inc. (``Jarad''), the licensee of radio station WBON-FM, has apparently violated Section 73.1350(a) of the Commission's Rules (the ``Rules''),1 by operating with an excessive antenna height. This section requires that a licensee operate its broadcast station in accordance with the terms of the station authorization. We conclude that Jarad is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. BACKGROUND 2. On September 26, 2003, the FCC New
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- quarter OctoberDecember, April 10 for the Quarter JanuaryMarch, etc.). At the time of the inspection of the public file no current issues/programs list was found. The last issues/programs list found in the file was dated 3/26/1997. As part of the response to this notice, a copy of the first quarter of 2004 issues/programs list shall be provided. 2.k. 47 C.F.R. 73.1350(c): The licensee must establish monitoring procedures and schedules for the station. The station did not have monitoring procedures or schedules established. 2.l. 47 C.F.R. 73.1350(c)(2): Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. At the time of inspection calibration procedures and schedules had not been established.
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- ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 20, 2004 By the District Director, Seattle Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Reier Broadcasting Company Inc. (``RBC''), licensee of FM radio broadcast stations KOBB-FM and KZLO-FM in Bozeman, Montana, has apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's Rules (``Rules'') by relocating stations KOBB-FM and KZLO-FM prior to obtaining Commission authority.1 We also find that RBC has apparently willfully and repeatedly violated Section 73.1560(b) by failing to operate stations KOBB-FM and KZLO-FM in accordance with the stations' authorized power.2 We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 that
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- station WCHR. 2. On May 14, 2004, an agent of the Commission's New York Office inspected radio station WCHR, licensed to Flemington, New Jersey, and observed the following violation(s): 2.a. 47 C.F.R. 73.62(b)(3): ``If any monitoring point exceeds its specified limit, the licensee must either terminate operation within 3 hours or reduce power in accordance with the applicable provisions of 73.1350(d), in order to eliminate any possibility of interference or excessive radiation in any direction.'' During the inspection and while in daytime operation, the field strength of the 50 degree radial monitoring point was found to be 58 mV/m. This is 120.8 % of the maximum field strength value listed on the license. 2.b. 47 C.F.R. 73.1820(a)(1)(iii): ``Entries must be made
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- that the marking and lighting on the antenna structure did not conform to FAA painting and lighting recommendations specified on the Antenna Structure Registration. The FAA recommended that Montrose paint the antenna structure for daytime marking and operate red obstruction lighting for nighttime illumination. However, the antenna structure had a dual lighting system and was not painted. 2.c. 47 C.F.R. 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' A discrepancy exists between the antenna structure coordinates and overall height antenna height specified on the license for station WPGM and those specified on the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258873A1.html
- ID # 15775 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 9, 2005 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that David M. Loflin, licensee of low power television station WKNI-LP/W49BM,1 in Andalusia, Alabama, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's Rules (``Rules'')2 by failing to operate the station in accordance with the terms of its station authorization. From approximately January 1, 2005 until January 21, 2005, the station operated on TV channel 25 instead of its assigned TV channel 49. We conclude, pursuant to Section 503(b) of the Act,3 that Mr. Loflin is apparently liable for a
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- which also applies to violations for which forfeitures 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.'' 10 47 C.F.R. 73.1350(a). 1112 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. 1.80. 1247 U.S.C. 503(b)(2)(D). 1347 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 1.80, 73.1745(a) 8See 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258875A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258875A1.doc
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- antenna structure were extinguished. There was no record of this extinguishment. 2.d. 47 C.F.R. 17.57: ``The owner must also immediately notify the Commission using FCC Form 854 upon any change in structure height or change in ownership information.'' The antenna structure registration database did not contain the current contact telephone number or the correct antenna structure address. 2.e. 47 C.F.R. 73.1350: ``(a) Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization...(b)(2) [t]he transmitter control personnel must have the capability to turn the transmitter off at all times...(c) [t]he licensee must establish monitoring procedures and
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260411A1.html
- Bureau: 1. This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules,1 to Willis Broadcasting Corporation, licensee of radio station WBTE(AM). 2. On March 14, 2005, an agent of the Commission's Norfolk Office of the Enforcement Bureau inspected radio station WBTE(AM) located in Windsor, North Carolina and observed the following violations: 2.a. 47 C.F.R. 73.1350: ``(a) Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization...(c) [t]he licensee must establish monitoring procedures and schedules for the station...'' Although the Commission authorized Station WBTE(AM) to broadcast from latitude 35 58'
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- station WELS-FM located in Kinston, North Carolina, and observed the following violations: a. 47 C.F.R. 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' The station failed to make Required Monthly Tests and conducted only two Required Weekly Tests from January 1, 2005 to March 9, 2005 b. 47 C.F.R. 73.1350(b)(2): ``The transmitter control personnel must have the capability to turn the transmitter off at all times''. At the time of inspection, transmitter control personnel were unable to turn the transmitter off from the main studio remote control location. c. 47 C.F.R. 73.1560(b): ``...[T]he transmitter output power of an FM station...must be maintained as near as practicable to the authorized transmitter
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- C.F.R. 17.57: ``The owner must also immediately notify the Commission using FCC Form 854 upon any change in structure height or change in ownership information.'' ECR failed to notify the Commission of a change in ownership information by not updating its antenna structure registration to reflect its current contact telephone number and its correct antenna structure address. 2.e. 47 C.F.R. 73.1350: ``(a) Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization...(b)(2) [t]he transmitter control personnel must have the capability to turn the transmitter off at all times...(c) [t]he licensee must establish monitoring procedures and
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260652A1.html
- station WELS(AM) located in Kinston, North Carolina, and observed the following violations: a. 47 C.F.R. 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' The station failed to make Required Monthly Tests and conducted only two Required Weekly Tests from January 1, 2005 to March 9, 2005. b. 47 C.F.R. 73.1350(b)(2): ``The transmitter control personnel must have the capability to turn the transmitter off at all times.'' At the time of inspection, transmitter control personnel were unable to turn the transmitter off from the main studio remote control location. c. 47 C.F.R. 73.1560(d): ``In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate at
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- 6:41 PM. In addition, the station failed to document or investigate its missed required monthly test (``RMT'') transmissions. 2.b. 47 C.F.R. 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' At the time of inspection, the station had no record of any RMT transmissions after December 2004. 2.c. 47 C.F.R. 73.1350(c): ``The licensee must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with 73.1215. (1) Monitoring procedures and schedules must enable the licensee to determine compliance with 73.1560 regarding operating power and AM station mode of operation, 73.1570 regarding modulation levels, and, where applicable, 73.1213 regarding antenna tower lighting, and 73.69 regarding the parameters
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- Facility ID # 11620 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 24, 2005 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Family Educational Association Inc. (``Family''), licensee of station WPLI, in Levittown, Puerto Rico, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's Rules (``Rules'')1 by failing to operate the station in accordance with the terms of the station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Family is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. On April 21, 2005, agents from
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260947A1.html
- Facility ID # 71565 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 7, 2005 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that West Coast Broadcasting (``West Coast''), licensee of station WNNV(FM) in San German, PR, apparently willfully violated Section 73.1350(a) of the Commission's Rules (``Rules'')1 by failing to maintain the transmitter output power of its FM station as near as practicable to its authorized power. We also find that West Coast apparently willfully and repeatedly violated Section 73.1560(b) of the Rules2 by failing to operate WNNV(FM) in accordance with the terms of its station authorization. We conclude, pursuant to Section
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- FORFEITURE Released: October 05, 2005 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Southern Media Group, Inc. (``Southern Media''), licensee of stations WBZH(FM), in Harriman, Tennessee, WWSR(FM), in Rockwood, Tennessee, and WOFE(AM) in Rockwood, Tennessee, apparently willfully and repeatedly violated Sections 11.35(a), 73.1350(a), 73.1620(a)(2), and 1.903 of the Commission's Rules (``Rules'')1 by failing to maintain Emergency Alert System (``EAS'') equipment in operational condition, failing to file FCC Form 302-FM (``license application'') requesting program test authority (``PTA'') prior to operating its station with a directional antenna, and failing to operate within the terms of the station's broadcast and studio transmitter link (``STL'') authorizations. We
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261931A1.html
- (``A Radio''), licensee of AM radio station WEGA, in Vega Baja, Puerto Rico, apparently willfully violated Sections 73.49 and 73.3526(e) of the Commission's Rules1 (``Rules'') by failing to enclose an antenna tower having radio frequency potential at the base within an effective locked fence and failing to maintain a complete public inspection file and apparently willfully and repeatedly violated Section 73.1350(a) of the Rules2 by failing to operate the station in accordance with the terms of the station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 that A Radio is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). II. BACKGROUND 2. On August 25, 2005, in response to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262188A1.html
- This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules1 to Atlantic Coast Radio, LLC, licensee of AM radio station WLOB in Portland, Maine. 2. On September 14, 2005, an agent of the Commission's Boston Office inspected radio station WLOB located at 779 Warren Avenue Portland, Maine, and observed the following violation: 47 C.F.R. 73.1350(a): ``Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization.'' Field strength measurements made during the inspection of the monitoring points along the 265 and 280 degree radials used during night operation exceeded the
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- reference to the commission or omission of any act, 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 regulation of the Commission authorized by this Act....'' See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 647 C.F.R. 73.1560(b). 7See, e.g., 47 C.F.R. 73.1350(c) (licensees must establish monitoring procedures and schedules for the station); 73.1870(c)(3) (chief operator must review station records at least once each week to determine if required entries are being made correctly and verify that the station has been operated as required). 8See 47 C.F.R. 1.1914. 947 C.F.R. 73.3526(a). 10See 47 C.F.R. 73.3526(b). 11See 47 C.F.R. 73.3526(c)(1). 1212 FCC Rcd 17087
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- when used with reference to the commission or omission of any act, 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 regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 6See, e.g., 47 C.F.R. 73.1350(c) (licensees must establish monitoring procedures and schedules for the station); 73.1870(c)(3) (chief operator must review station records at least once each week to determine if required entries are being made correctly and verify that the station has been operated as required). 747 C.F.R. 73.3526(a). 8See 47 C.F.R. 1.1914. 9See 47 C.F.R. 73.3526(c)(1). 1047 C.F.R. 73.1560(a)(1) and 73.3526(c). 1112 FCC Rcd
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- than 10 watts must be maintained as near as practicable to the authorized transmitter output power and may not be less than 90% nor more than 105% of the authorized power.'' Based on the agent's calculation of the station indirect power, the transmitter power output of station WCOZ was 108.0 percent of the authorized transmitter power output. 2.c. 47 C.F.R. 73.1350(c)(2): ``Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy.'' During the inspection, the agent determined that Smith and Fitzgerald, Partnership, failed to calibrate its remote monitoring system so that it provided reliable indications of the transmitter's plate current. The WCOZ telephone remote monitoring system provided a plate
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- Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to CBS Radio East Inc. , licensee of radio station WCBS-FM, New York, NY. 2. On February 16 and 22, 2006, an agent of the Commission's New York Office inspected radio station WCBS-FM, and observed the following violation: 47 C.F.R. S 73.1350(c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy." During the inspection, the agent determined that WCBS-FM failed to calibrate its remote monitoring system so that it provided reliable indications of the transmitter's plate voltage. The station's remote monitoring system indicated a plate voltage value that was
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- 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 C.F.R. S 73.3526(e). See 47 C.F.R. S 73.3526(e)(12). 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.49, 73.1350(a), 73.3526(e). ^8See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 3 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265669A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265669A1.doc
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- Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Hacienda San Eladio, Inc. ("Hacienda"), licensee of AM radio station WRRE, in Juncos, Puerto Rico, apparently willfully violated Section 73.3526 of the Commission's Rules ("Rules") by failing to maintain a complete public inspection file and apparently willfully and repeatedly violated Section 73.1350(a) of the Rules by failing to operate the station in accordance with the terms of the station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Hacienda is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). II. BACKGROUND 2. On February 8, 2006, agents from the Commission's
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- only one of the assigned EAS sources. b. 47 C.F.R. S 11.61(a): EAS "[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section." There was no evidence that required monthly EAS tests are being conducted and no evidence that required weekly tests were conducted prior to February 10, 2006. c. 47 C.F.R. S 73.1350 (c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. At the time of inspection there was no evidence that the station was conducting periodic calibration of monitoring equipment. d. 47 C.F.R. S 73.1590: "(a) The licensee of each AM, FM, TV and Class A TV station
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- ) FRN: 0002834810 Facility ID # 38640 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 25, 2006 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cumulus Licensing, LLC ("Cumulus"), licensee of station WWLD, Cairo, GA, apparently willfully violated Sections 73.1350(b)(2) and 73.3526 of the Commission's Rules ("Rules") by failing to maintain a control system that provides personnel the capability to continuously control the transmitter and failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Cumulus is apparently liable for a forfeiture in the amount
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- and observed that, although WSNR retransmitted the EAS codes and Attention Signal, it did not retransmit the required Test Script (spoken announcement) during its November Required Monthly Test received from its LP-1 monitoring source, WABC. The agent also had monitored WABC and confirmed that WABC properly transmitted the entire Required Monthly Test, including the Test Script. c. 47 C.F.R. S 73.1350(c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy." During the inspection, the agent determined that WSNR failed to calibrate its remote monitoring system so that it provided reliable indications of the transmitter's common point current. The station's remote monitoring system indicated a common point current value
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- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 22, 2006 By the District Director, San Francisco Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Del Rosario Talpa, Inc. ("Del Rosario Talpa"), licensee of broadcast station KNCR (AM), in Fortuna, California, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's Rules ("Rules") by operating station KNCR at an unauthorized location. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Del Rosario Talpa is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On August 22, 2006, in response to a complaint, an agent
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- Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cumulus Licensing, LLC ("Cumulus"), licensee of station WHBX, Tallahassee, Florida, apparently willfully violated Section 73.3526 of the Commission's Rules ("Rules") by failing to make available a complete public inspection file. We also find that Cumulus apparently willfully and repeatedly violated Sections 11.35(a) and 73.1350(b) of the Rules by failing to maintain an Emergency Alert System ("EAS") capable of transmitting an EAS test and failing to maintain a control system that provides personnel the capability to control continuously the transmitter. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Cumulus is apparently liable for a forfeiture in the
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- reading .230 Licensed value .275 Percent deviation 16.0 % The relative phase current observed for tower #2 during day operation and towers #2 and #4 for night operation exceeded the authorized value as follows: Tower #2 (Day) Tower#2 Tower#4 (Night) Actual reading +139 -152 +154 Licensed value +145 -158 +144 Deviation in degrees 6.0 6.0 10.0 b. 47 C.F.R. S 73.1350 (a): "Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part (73.61) and in accordance with the terms of the station authorization. Field strength measurements conducted at the monitoring point along the 254 degree radial for night operation exceeded the maximum authorized value by
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- # 12809 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 30, 2007 By the Dallas District Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Community Broadcast Group, Inc., ("Community") licensee of AM Broadcast Radio station KZEY, in Tyler, Texas, apparently willfully and repeatedly violated Sections 73.1350(a) and 73.3526 of the Commission's Rules ("Rules") by failing to operate the station in accordance with the station authorization and failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Community is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000).
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- ID # 36629 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 21, 2007 By the Resident Agent, Portland Resident Agent Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Larson-Wynn, Inc. ("Larson-Wynn"), licensee of broadcast station KODL(AM), in The Dalles, Oregon, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's Rules ("Rules") by operating station KODL at an unauthorized location. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Larson-Wynn is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On October 27, 2006, in response to a complaint, an agent from the
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- locked fences or other enclosures. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Perreira is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). We also issue to Perreira a Notice of Violation for failing to operate KIGS within the terms of its license, a violation of Sections 73.1350(a) and 73.1745(a) of the Rules. II. BACKGROUND 2. On August 29, 2006, an agent from Enforcement Bureau's San Francisco Office inspected the antenna towers used by Perreira to broadcast KIGS. KIGS utilizes two antenna towers to broadcast its signal: antenna structure # 1016446, and antenna structure # 1016447. According to its license, the KIGS antenna towers are series fed and,
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- ID # 29339 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 6, 2007 By the District Director, Tampa Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Rama Communications, Inc. ("Rama"), licensee of station WKIQ, in Eustis, Florida, apparently willfully and repeatedly violated Sections 73.1125(a), 73.1350(b)(2) and 73.3526 of the Commission's Rules ("Rules") by failing to maintain full-time managerial and staff personnel at the main studio during normal business hours, failing to maintain the continuous ability to turn its transmitter off, and failing to maintain a complete public inspection file at its main studio. We conclude, pursuant to Section 503(b) of the Communications Act of 1934,
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- York Office inspected WDDM's main studio in Edison, New Jersey and transmitter site in Holmdel, New Jersey, and observed the following violations: a. 47 C.F.R. S 73.1800(a): "The licensee of each station must maintain a station log as required by S 73.1820." At the time of inspection, the required station log was not available for inspection. b. 47 C.F.R. S 73.1350 (b)(2): "The transmitter control personnel must have the capability to turn the transmitter off at all times." On May 11, 2007, the station owner stated that the station's method for turning off the transmitter was to disconnect the telephone line transmitting audio to the transmitter. This method eliminated the modulation, but did not turn off the unmodulated carrier and therefore
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- to Radio Hawaii, Inc., licensee of radio station KWAI in Honolulu, HI. 2. On October 2, 2007, an agent of the Enforcement Bureau's Honolulu Office inspected the transmitter site of radio station KWAI located at the broadcast tower, ASR# 1213943 on Hart Street extension next to the Kapalama Canal, Honolulu, HI 96819, and observed the following violation: 47 C.F.R S: 73.1350(a): "Each licensee is responsible for maintaining and operating its broadcast station in a manner that complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization." When the Honolulu agent inspected the station, it was found to be operating from 21DEG 19' 15.8'' north latitude, 157DEG 52' 37.2'' west longitude,
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- of the license in the public inspection file. The station had only the first page of the license application posted on the wall, which the General Manager incorrectly identified as being their station license. The General Manager was unable to provide a copy of the station's monitoring points, which is also part of the station authorization. c. 47 C.F.R. S: 73.1350(c)(1) & (d)(3): Licensees must establish monitoring procedures and schedules for the station. The station could not provide a copy of the monitoring points and had no directional antenna monitor installed at the station. The licensee had no evidence that it had established monitoring procedures or schedules for the station's transmission system. d. 47 C.F.R. S: 73.1870(c)(3): The chief operator is
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- of Apparent Liability for Forfeiture ("NAL"), we find that Minority Business & Housing Development, Inc. ("MBHD"), licensee of FM radio station WYGG in Asbury Park, New Jersey, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules ("Rules), by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that MBHD is apparently liable for forfeiture in the amount of twenty-five thousand dollars ($25,000). We also
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- base for meter reading and maintenance purposes at all times. However, individual tower fences need not be installed if the towers are contained within a protective property fence." Although there was an effective locked fence, there was no ready access to the bases of the two array antenna structure, due to significant weed and grass overgrowth. b. 47 C.F.R. S: 73.1350(a): Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization." During the inspection, the licensee admitted that it could not adjust the transmitter power levels for the past two months. Accordingly, the station has
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- Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Word of God Fellowship, Inc, licensee of television translator station WELL-LP in Philadelphia, Pennsylvania. 2. On January 11, 2008, an agent of the Commission's Philadelphia Office monitored television station WELL-LP and observed the following violation: 47 C.F.R. S:73.1350(a): "Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization." On January 11, 2008, the agent observed that Word of God Fellowship, Inc. was operating station WELL-LP on both Television Channel 8 and Television
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-280418A1.html
- 0010301059 Facility ID # 22294 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 22, 2008 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Frank Rackley, Jr., licensee of station WNBN-AM, in Meridian, Mississippi, apparently willfully and repeatedly violated Sections 73.1350(a) and 73.1745(a) of the Commission's Rules ("Rules") by operating from an unauthorized location and operating at a power level in excess of that authorized by his license. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Mr. Rackley is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II.
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- within 3 degrees of the values specified on the instrument of authorization." The relative phase of tower two relative to tower one specified on the license granted February 5, 1999 is 136 degrees; whereas the observed value during the inspection on June 18, 2008 was 132.2 degrees, a difference of 3.8 degrees exceeding the allowed tolerance. c. 47 C.F.R. S: 73.1350(a): "Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization." The Station Authorization for station KROD specifies a specific number of buried copper radials. During the inspection, there was evidence that parts of several
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- violations: a. 47 C.F.R. S: 73.1226(a): "Station records and logs shall be made available for inspection or duplication at the request of the FCC or its representative. ..." At the time of inspection, station records and logs including tower light logs (see 73.1820(a)(1)(i) and logs concerning Emergency Alert System (see 73.1820(a)(1)(iii) were not available for inspection. b. 47 C.F.R. S: 73.1350(c): "The license must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with S:73.1215." At the time of inspection, the station's representative stated the station did not have monitoring procedures or schedules. c. 47 C.F.R. S: 73.1400: "The licensee of an AM, FM, TV, or Class A TV station is responsible for assuring that
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- it had successfully been filed, a licensee is not permitted to operate under the conditions requested in an STA until such time that the STA is granted by the Commission. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S:1.80. 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.1350(a). 8 See 47 C.F.R. S: 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 2 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286429A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286429A1.doc
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- mail, to Black Crow Radio, LLC, at its address of record and to its counsel, David G. O'Neil, Rini Coran PC, 1615 L Street NW, Suite 1325, Washington, DC 20036. FEDERAL COMMUNICATIONS COMMISSION Ralph Barlow District Director Tampa Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 11.35 (a), 73.44(b), 73.49, 73.3526. 47 U.S.C. S: 503(b). See 47 C.F.R. S: 73.1350(d) (if not in compliance with the technical rules or the station authorization, and the condition is not listed in Section 73.1350(e) of the Rules, broadcast operation must be terminated within three hours). 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
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- inspection, the broadcast station records contained no entries documenting the reception of the weekly tests from the local primary (LP-1) station, WABC, New York, New York, for the period October 1, 2008, through October 18, 2008. The broadcast station records contained no reasons why the weekly tests were not received from station WABC during that period. b. 47 C.F.R. S: 73.1350(c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy." At the time of inspection, the antenna input current meter read 4.5 amperes whereas the station authorization specifies an antenna input current to 3.65 amperes. The last calibration date on the antenna input current meter was March 1996.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293422A1.html
- of the EAS header and EOM codes at least once a week at random days and times..." According to the station's EAS logs, WVPO failed to transmit any Required Weekly Tests between May 26, 2009 and August 4, 2009. There were no entries in the station logs indicating the reason why the tests were not conducted. c. 47 C.F.R. S: 73.1350(c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy." At the time of inspection, the modulation meter at the WPVO transmitter site indicated that the station's carrier wave modulation at times exceeded the 120% limit on positive peaks. The last calibration date on the modulation meter was
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- [h]ourly, as close to the hour as feasible, at a natural break in program offerings." On September 14, 2009, Believe & Achieve did not transmit the proper call sign on station WZUM at the top of the 8:00 pm hour. Instead, agents heard station WZUM transmit the call sign for the station whose programming it retransmits. f. 47 C.F.R. S: 73.1350(b)(2): "The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or must include an alternate method of acquiring control that can satisfy the requirement of paragraph (d) of this section that operation be terminated within 3 minutes." Believe
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- or certifying statements were not in the station's public inspection file. f. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license designating the chief operator. g. 47 C.F.R. S: 73.1350(c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy." At the time of inspection, the antenna input current meter reading was 5.0 amperes whereas the station authorization specifies an antenna input current during critical hours of 6.82 amperes. The last calibration date on the antenna input current
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-297148A1.html
- This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Church of the Living God Ministries, licensee of non-commercial FM radio station WTKC in Findlay, OH. 2. On August 26, 2009, agents of the Commission's Detroit Office radio station WTKC located in Findlay, OH, and observed the following violation(s): a. 47 C.F.R. S: 73.1350(b)(2): "The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or must include an alternate method of acquiring control that can satisfy the requirement of paragraph (d) of this section that operation be terminated within 3 minutes." Church
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-297322A1.html
- why any tests were not received must be made in the broadcast log as specified in S:S:73.1820 and 73.1840 of this chapter for all broadcast streams..." At the time of the inspection, there were no entries in the station log indicating why the Required Monthly and Required Weekly tests and activations were missing since December 2008. c. 47 C.F.R. S: 73.1350(b)(2): "The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or must include an alternate method of acquiring control that can satisfy the requirement of paragraph (e) of this section that operation be terminated within three minutes." At
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- determine what, if any, enforcement action is required to ensure compliance. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director Dallas District Office South Central Region Enforcement Bureau 47 C.F.R. S: 1.89. See 47 U.S.C. S: 73.1350(e) (requiring a broadcast station, operating in a manner likely to significantly disrupt operation of other stations or pose a threat to life or property, to terminate operation within three minutes unless antenna input power is reduced sufficiently to eliminate any excess radiation). 47 U.S.C. S: 308(b). P.L. 93-579, 5 U.S.C. S: 552a(e)(3). 18 U.S.C. S: 1001 et seq. Federal Communications
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- determine what, if any, enforcement action is required to ensure compliance. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director Dallas District Office South Central Region Enforcement Bureau 47 C.F.R. S: 1.89. See 47 U.S.C. S: 73.1350(e) (requiring a broadcast station, operating in a manner likely to significantly disrupt operation of other stations or pose a threat to life or property, to terminate operation within three minutes unless antenna input power is reduced sufficiently to eliminate any excess radiation). 47 U.S.C. S: 308(b). P.L. 93-579, 5 U.S.C. S: 552a(e)(3). 18 U.S.C. S: 1001 et seq. Federal Communications
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-306461A1.html
- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to HTV/HTN/Hawaiian TV Network, Ltd. ("HTV"), licensee of UHF Class A Television Station KHLU-LP in Honolulu, Hawaii. 2. On April 12, 2011, an agent of the Enforcement Bureau's Honolulu Office inspected the KHLU-LP transmitting antenna on Palehua Ridge, Hawaii, and observed the following violation: 47 C.F.R. S: 73.1350(a): "Each licensee is responsible for maintaining and operating its broadcast station in a manner ... in accordance with the terms of the station authorization." The most recent license engineering data for KHLU-LP specifies that the antenna radiation center above ground level ("RCAGL") is 713 meters. On-scene observations indicate that the top of the transmitting antenna is below 18 meters. 3.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-311103A1.html
- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Farmworker Educational Radio Network, Inc. ("Farmworker Radio"), licensee of radio station KMYX-FM in Arvin, California. 2. On July 20, 2011, an agent of the Enforcement Bureau's Los Angeles Office inspected station KMYX-FM in Arvin, California, and observed the following violation: a. 47 C.F.R. S: 73.1350(a): "Each licensee is responsible for maintaining and operating its broadcast station in a manner ... in accordance with the terms of the station authorization." The KMYX-FM authorization lists the transmitter's location as Arvin California, with the coordinates at 35DEG 11' 45" north latitude, and 118DEG 42' 30" west longitude. At that time of the investigation, the transmitter's location was in
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-311695A1.html
- locations, without specific FCC authority, but notification to the FCC in Washington shall be made promptly." The address of the WTZN main studio is 1233 Redington, Avenue, Troy, Pennsylvania. The license specifies that the address is 170 Redington Avenue, Troy, Pennsylvania. Cantroair failed to notify the Commission of the address change of the WTZN main studio. c. 47 C.F.R. S: 73.1350(c)(1): "Monitoring procedures and schedules must enable the licensee to determine compliance with S:73.1560 regarding operating power and AM station mode of operation, S: 73.1570 regarding modulation levels, and, where applicable, S: 73.1213 regarding antenna tower lighting, and S:73.69 regarding the parameters of an AM directional antenna system." At the time of inspection, Cantroair had not established monitoring procedures to ensure
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-311710A1.html
- "Each remote reading ammeter shall be accurate to within 2 percent of the value read on its corresponding regular ammeter." At the time of inspection, agents observed that the remote antenna ammeter reading was 8.30 amps and the regular antenna ammeter reading was 8.75 amps during the nighttime mode of operation, a difference of 5.14 percent. d. 47 C.F.R. S: 73.1350(c): "The licensee must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with S:73.1215." At the time of inspection, there were no records that KTRB(AM) monitoring procedures and schedules were established, and that the indicating instruments were monitored. e. 47 C.F.R. S: 73.1400: "The licensee of an AM, FM, TV or Class A TV
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-312033A1.html
- 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules to Double O Texas Corporation, licensee of radio station KELI in San Angelo, Texas. 2. On July 6, 2011, an agent of the Commission's Dallas Office inspected radio station KELI located at San Angelo, Texas, and observed the following violation(s): 47 C.F.R. S: 73.1350(a): "Each licensee is responsible for maintaining and operating its broadcast station ... in accordance with the terms of the station authorization." Although Station KELI had obtained Special Temporary Authority to operate with reduced power, it failed to amend its operating location. Thus, at the time of inspection, Station KELI was operating temporarily from an unauthorized location. 3. Pursuant to Section
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- equipment performance measurements were not available at the time of inspection. e. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license designating the chief operator. f. 47 C.F.R. S: 73.1350(c) (2) "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. Errors inherent in monitoring equipment and the calibration procedure must be taken into account when adjusting operating parameters to ensure that the limits imposed by the technical rules and the station authorization are not exceeded." At the
- http://www.fcc.gov/eb/Orders/2001/da000119.doc http://www.fcc.gov/eb/Orders/2001/da000119.html
- Bureau, found that Arnold had willfully violated several sections of the Commission's Rules ("Rules"): Sections 11.35(a) (failure to install and maintain operable Emergency Alert System ("EAS") equipment); 11.61 (failure to conduct EAS tests and activations or maintain logs of tests or activations); 17.4(g) (failure to post the antenna structure registration number at the base of the antenna tower); 73.1870 and 73.1350(b) (failure to designate and post the designation of a chief operator for the station); 73.1870(c)(3) (failure to have a chief operator review the station's records weekly and verify in the station log that KNEC operated in accordance with the Rules and its authorization); and 73.1225(c) and 73.1820(a) (failure to make the station's equipment performance measurements, written designation of chief operator,
- http://www.fcc.gov/eb/Orders/2001/da011103.doc http://www.fcc.gov/eb/Orders/2001/da011103.html
- ) EB-00-KC-194 (FM) Station KYOO-FM ) Bolivar, Missouri 65613 ) NAL/Acct. No. 20013256-001 FORFEITURE ORDER Adopted: April 27, 2001 Released: May 1, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against KYOO Communications (``KYOO'') for willful violations of Sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Commission's Rules (``Rules''). The noted violations involve KYOO's failure to maintain an operational Emergency Alert System (``EAS'') combined with its failure to log the outage of the EAS equipment, failure to clean and repaint its antenna tower as often as necessary to maintain good visibility, failure to monitor and control its transmitter, and failure to maintain
- http://www.fcc.gov/eb/Orders/2001/da011364.doc http://www.fcc.gov/eb/Orders/2001/da011364.html
- 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) against KASA Radio Hogar, Inc. (``KASA Radio''), licensee of radio station KDAP(AM), for willful violation of the following sections of the Commission's Rules ("Rules"): 73.54(d) (failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection); 73.1350(c)(1) (failure to have the proper monitoring equipment installed at the duty operator position); 73.1590(a)(6) (failure to conduct annual equipment performance measurements); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On November 17, 2000, the FCC's San Diego Field Office ("San Diego Office") conducted an inspection of radio station KDAP(AM) in Douglas, Arizona, after it received information
- http://www.fcc.gov/eb/Orders/2001/da01184.doc http://www.fcc.gov/eb/Orders/2001/da01184.html
- grant a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on September 1, 2000. This is the third petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In the instant petition
- http://www.fcc.gov/eb/Orders/2001/da011920.doc http://www.fcc.gov/eb/Orders/2001/da011920.html
- a monetary forfeiture in the amount of twenty-one thousand five hundred dollars ($21,500) against Radio One Licenses, Inc. (``Radio One''), licensee of WBOT(AM), for willful violation of the following Sections of the Commission's Rules (``Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On March 14, 2000, the Commission's Boston Field Office (``Boston Office'') conducted an inspection of radio station WBOT(AM) in Boston, Massachusetts, after it received information indicating that
- http://www.fcc.gov/eb/Orders/2001/da012036.doc http://www.fcc.gov/eb/Orders/2001/da012036.html
- U.S.C. § 503(b). 6 47 U.S.C. § 503(b)(2)(D). The referenced Notices of Violation were issued for the following Enforcement Bureau file numbers: EB-01-TP-020 (for violation of Section 17.51(a) of the Rules); EB-00-CF-572 (for violation of Section 17.57 of the Rules); EB-01-PA-031 (for violation of Section 73.1201(a) of the Rules); EB-99-CF-165 (for violation of Sections 11.35(a), 11.61(a), 17.50, 73.1870(a), 73.54(d) and 73.1350(c)(1) of the Rules); EB-99-CF-166 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1350(c)(1) and 73.1870(a) of the Rules); EB-99-CF-167 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1225(b), 73.1350(c)(1), 73.1870(a) and 73.62(a) of the Rules); EB-99-CF-171 (for violation of Section 11.61(a) of the Rules); and EB-99-CF-172 (for violation of Section 11.61(a) of the Rules). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C.
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- filed by KASA Radio Hogar, Inc. (``KASA Radio''), licensee of radio station KDAP(AM). On June 7, 2001, the Enforcement Bureau issued a Forfeiture Order assessing a $15,000 forfeiture against KASA Radio for willful violation of the following sections of the Commission's Rules (``Rules''): 73.54(d) (failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection); 73.1350(c)(1) (failure to have the proper monitoring equipment installed at the duty operator position); 73.1590(a)(6) (failure to conduct annual equipment performance measurements); and 73.3526(a)(2) (failure to maintain a public inspection file). In the Forfeiture Order, the Bureau rejected KASA Radio's inability to pay claim because KASA Radio submitted financial information only for KDAP(AM), not for the licensee, KASA Radio. 2. On
- http://www.fcc.gov/eb/Orders/2001/da012177.doc http://www.fcc.gov/eb/Orders/2001/da012177.html
- stations install EAS encoders, EAS decoders and attention signal generating and receiving equipment so that the monitoring and transmitting functions are available during the times the stations are in operation. Section 73.1400(a)(1)(ii) of the Rules requires that the remote control system at the main studio provide sufficient transmission system monitoring and control capability so as to ensure compliance with Section 73.1350 of the Rules. Section 73.1800(a) of the Rules requires that licensees of all broadcast stations maintain a station log. Rego acknowledges that it did not have operational EAS equipment from July 2000, when it took control of the station, until April 14, 2001. Section 11.35(b) of the Rules provides temporary authority to operate for 60 days pending repair or replacement
- http://www.fcc.gov/eb/Orders/2001/da01926.doc http://www.fcc.gov/eb/Orders/2001/da01926.html
- deny a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on January 29, 2001. This is the fourth petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In its fourth petition
- http://www.fcc.gov/eb/Orders/2001/fcc01044.doc http://www.fcc.gov/eb/Orders/2001/fcc01044.html
- years and has committed numerous other violations of the Commission's rules. The seriousness and duration of these violations, together with Family's failure to take corrective action despite repeated warnings from Commission staff, raises questions as to whether Family can be relied upon in the future to operate its stations in accordance with the Communications Act and the Commission's rules. Section 73.1350(a) of the Rules provides that ``[e]ach licensee is responsible for maintaining and operating its broadcast station ( in accordance with the terms of the station authorization.'' Section 73.1560(a) provides that the antenna input power of an AM station ``must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more
- http://www.fcc.gov/eb/Orders/2001/fcc01197.doc http://www.fcc.gov/eb/Orders/2001/fcc01197.html
- to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), and Section 1.80 of the Commission's Rules (``the Rules'') the Enforcement Bureau ("EB") found Arnold liable for a monetary forfeiture in the amount of $14,000 for willful violation of the following sections of the Rules: 11.35 (failure to install and maintain operable Emergency Alert System (``EAS'') equipment), 73.1350 (failure to have a transmitter control system in place which would allow the transmitter to be shut down within three minutes of an event requiring shut down), 73.1820 (failure to make required entries into the station log), and 73.1870 (failure to designate and post the designation of a chief operator for the station). For the reasons discussed below, we reduce
- http://www.fcc.gov/eb/Orders/2002/DA-02-219A1.html
- of the Forfeiture Order1 issued by the Enforcement Bureau (``Bureau'') assessing a twenty- one thousand five hundred dollar forfeiture ($21,500) against Radio One for willful violation of the following Sections of the Commission's Rules (``Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e)2 (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file).3 II. BACKGROUND 2. On March 14, 2000, the Commission's Boston, Massachusetts Field Office (``Boston Office'') conducted an inspection of radio station WBOT(FM) in Brockton, Massachusetts, after it received information indicating
- http://www.fcc.gov/eb/Orders/2002/DA-02-2691A1.html
- and Section 1.80 of the Commission's Rules ("the Rules"),5 the Enforcement Bureau found Radio One liable for a monetary forfeiture in the amount of $21,500 for willful violation of the following sections of the Rules: 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file).6 2. Radio One has presented new information which has persuaded the Bureau to reconsider and reverse the assessment of a forfeiture for violation of Section 73.3526(a)(2) of the Rules. The
- http://www.fcc.gov/eb/Orders/2002/DA-02-2825A1.html
- Dakota ) Facility ID #46712 ) FORFEITURE ORDER Adopted: October 24, 2002 Released: October 29, 2002 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Mount Rushmore Broadcasting, Inc., (``Mount Rushmore'') licensee of Station KZMX(FM), Hot Springs, South Dakota, for willful violation of Sections 73.1350 and 73.1400 of the Commission's Rules (``the Rules'').1 The noted violations involve Mount Rushmore's failure to establish monitoring procedures and schedules to determine compliance with operating power and modulation levels, and Mount Rushmore's failure to have positive on/off control of the transmitter. 2. On May 31, 2002, the District Director of the Commission's Denver, Colorado Field Office (``Denver Office'') issued
- http://www.fcc.gov/eb/Orders/2002/DA-02-3292A1.html
- ) FORFEITURE ORDER Adopted: November 26, 2002 Released: December 2, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800) to Truth Broadcasting Corporation (``Truth''), licensee of Station WTOB(AM), Winston-Salem, North Carolina, for willful and repeated violation of Sections 73.49 and 73.1350(a) of the Commission's Rules (``Rules'').1 The noted violations involve Truth's failure to enclose three of its antenna structures within an effective locked fence or other enclosure, and failure to operate in accordance with the terms of the station authorization in that Station WTOB(AM) exceeded authorized field strength limits. 2. On June 12, 2002, the Commission's Norfolk, Virginia Resident Agent Office
- http://www.fcc.gov/eb/Orders/2002/DA-02-364A1.html
- the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue''). The Consent Decree terminates the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. Fifth Avenue, licensee of WCMI(AM), apparently violated Sections 73.1225(d)(1) (failure to maintain copy of the most recent antenna impedance measurement); 73.1350(a) (failure to operate according to the terms of the station authorization); 73.1690(b)(2) (failure to file a construction permit); 73.3526(e)(1) (failure to maintain copy of current authorization in public inspection file); and 73.3526(e)(12) (failure to maintain issues/programs lists in the public inspection file) of the Commission's Rules.1 2. The Consent Decree provides, that, among other things, Fifth Avenue will implement a
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- complete document, download the Microsoft Word or Adobe Acrobat version. ***************************************************************** CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission (``Commission or FCC'') and Fifth Avenue Broadcasting Co., Inc. (``Fifth Avenue'') hereby enter into this Consent Decree for the purpose of terminating a forfeiture proceeding arising from an investigation of Fifth Avenue, for alleged violations of Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1), and 73.3526(e)(12) of the Commission's Rules (``Rules'').1 BACKGROUND 2. On September 14, 2000, the Federal Communications Commission received a complaint that Fifth Avenue had ``...re- located its AM transmission site into another state without prior Commission authorization...''. The complainant requested ``...immediate Commission action to require the termination of the unauthorized and potentially dangerous operations of WCMI(AM).'' On September
- http://www.fcc.gov/eb/Orders/2002/FCC-02-213A1.html
- Liability for Forfeiture (``NAL''), we find Maria L. Salazar, licensee of radio station KTCM(FM), Kingman, Kansas, and owner of antenna structure number 1057462 near Spivey, Kansas, apparently liable for a forfeiture in the amount of thirty-nine thousand dollars ($39,000) for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act'')1, and Sections 73.1350(a) and 17.51 of the Commissions Rules (``Rules'').2 Ms. Salazar is also apparently liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules.3 Specifically, we find Ms. Salazar apparently liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert
- http://www.fcc.gov/eb/Orders/2002/FCC-02-312A1.html
- their broadcast stations within tolerances specified by applicable technical rules contained in this part and in accordance with the terms of the station authorization. Section 73.1400 of the Rules allows stations to employ various methods or levels of transmission system monitoring and supervision to preclude out- of-tolerance operation and to ensure compliance with the transmission system control requirements of Section 73.1350. At the time of the inspection, A-O's owner admitted that he did not have ongoing supervision of the transmission system by a station employee or other person designated by the licensee, did not have an automatic transmission system to alert a contact person in the event of a technical malfunction, and did not have a remote control whereby the transmission
- http://www.fcc.gov/eb/Orders/2002/FCC-02-93A1.html
- Communications Act of 1934, as amended ("the Act"),2 and Section 1.80 of the Commission's Rules ("the Rules"), the Enforcement Bureau found KASA Radio liable for a monetary forfeiture in the amount of $15,000 for willful violation of the following sections of the Rules: 73.54(d) (failure to provide a copy of the station's antenna resistance and reactance measurements during an inspection); 73.1350(c)(1) (failure to have the proper monitoring equipment installed at the duty operator position); 73.1590(a)(6) (failure to conduct annual equipment performance measurements); and 73.3526(a)(2) (failure to maintain a public inspection file).3 For the reasons stated below, we deny KASA Radio's application for review. BACKGROUND 2. On November 17, 2000, the FCC's San Diego, California Field Office ("San Diego Office") conducted an
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- a monetary forfeiture in the amount of three thousand dollars ($3,000) to L.T. Simes II and Raymond Simes (collectively, ``Simes''), licensee of FM station KAKJ, Marianna, Arkansas, and owners of an unregistered antenna structure located at geographic coordinates 34 47' 20'' North latitude and 090 47' 08'' West longitude near Marianna, Arkansas, for willful violation of Sections 11.35(a), 17.4(a) and 73.1350(a) of the Commission's Rules (``Rules'').1 The noted violations involve Simes's failure to ensure that Emergency Alert System (``EAS'') equipment was installed and operational at KAKJ, failure to register the antenna structure for KAKJ with the Commission, and failure to operate KAKJ in accordance with the terms of its station authorization. 2. On July 22, 2002, the Commission's New Orleans, Louisiana
- http://www.fcc.gov/eb/Orders/2003/DA-03-1519A1.html
- ORDER Adopted: May 5, 2003 Released: May 7, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Minority Business and Housing Development, Inc. (``Minority Business''), licensee of radio station WYGG, Asbury Park, New Jersey, for willful and repeated violation of Sections 11.35(a) and 73.1350(a) of the Commission's Rules (``Rules'').1 The noted violations involve Minority Business's failure to install Emergency Alert System equipment and failure to operate in accordance with the terms of the station authorization. 2. On December 30, 2002, the District Director of the Commission's Philadelphia, Pennsylvania Field Office (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount
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- I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed on November 29, 2002, by Mount Rushmore Broadcasting, Inc., (``Mount Rushmore''). Mount Rushmore seeks reconsideration of the Forfeiture Order1 in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $3,000 for willful violation of Sections 73.1350 and 73.1400 of the Commission's Rules (``Rules'').2 The noted violations involve Mount Rushmore's inability to access its station's power and modulation levels by remote control from the main studio, its inability to turn its station's transmitter on or off by remote control from the main studio and its failure to establish monitoring procedures and schedules to determine compliance with operating
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- Station WUFF ) Eastman, Georgia ) FRN 0004-9860-22 FORFEITURE ORDER Adopted: August 7, 2003 Released: August 11, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Farnell O'Quinn (``O'Quinn''), licensee of radio station WUFF, Eastman, Georgia, for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules'').1 The noted violation involves O'Quinn's failure to operate in accordance with the terms of the station authorization. 2. On July 8, 2002, the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of four thousand dollars ($4,000) to O'Quinn for the noted violation.2 II. BACKGROUND
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- Merced, California ) NAL/Acct. No. 200232960001 Facility ID # 87180 ) ) FRN 0003-7254-54 FORFEITURE ORDER Adopted: September 16, 2003 Released: September 18, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand dollars ($6,000) to Clarke Broadcasting Corporation (``Clarke''), for willful violations of Sections 73.1350(a), 73.1350(c) and 73.1400 of the Commission's Rules (``Rules'') and for willful and repeated violations of Sections 73.1560(a) and 73.1745(a) of the Rules.1 The noted violations involve Clarke's failure to provide adequate transmitter control and to maintain the authorized power. 2. On August 30, 2002, the Commission's San Francisco, California, Field Office (``San Francisco Office'') issued a Notice of Apparent Liability
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- ) FORFEITURE ORDER Adopted: December 17, 2003 Released: December 19, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Hunt Broadcasting Group, Inc. (``Hunt''), licensee of radio stations KPWB(AM) and KPWB-FM, located in Piedmont, Missouri, for willful violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6), and 73.3526(e)(12) of the Commission's Rules (``Rules'').1 The noted violations involve Hunt's failure to provide an effective locked fence enclosing the base of station KPWB(AM)'s antenna, failure to provide transmitter control and monitoring capabilities, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain all required items in the joint public inspection file
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- KDEF(AM) ) Albuquerque, New Mexico ) FRN 0006- 1600-48 FORFEITURE ORDER Adopted: March 12, 2003 Released: March 17, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Ramh Corporation (``Ramh''), licensee of Station KDEF(AM), Albuquerque, New Mexico, for willful violation of Sections 73.1125, 73.1350, and 73.1400 of the Commission's Rules (``the Rules'').1 The noted violations involve Ramh's failure to maintain a main studio management and staff presence, and its failure to establish monitoring procedures to ensure compliance with authorized operating power, mode of operation, and AM directional system parameters. Further, we find that Ramh willfully and repeatedly violated Section 73.1560 of the Rules2 by
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- WMGC(AM) ) Murfreesboro, Tennessee ) FRN 0006- 3776-00 FORFEITURE ORDER Adopted: March 20, 2003 Released: March 24, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Radio 810 Nashville, Incorporated (``Radio 810'') licensee of Station WMGC(AM), Murfreesboro, Tennessee, for willfully violating Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Commission's Rules (``the Rules'').1 The noted violations involve Radio 810's failure to maintain properly calibrated indicating instruments, failure to terminate broadcast operation as required when Station WMGC(AM) operated in non-compliance with the technical rules, and its exceeding the authorized transmitter power at Station WMGC(AM) by failing to reduce power at sunset. 2. On June 18, 2002,
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- the Enforcement Bureau issued a Forfeiture Order3 to Radio One, finding it liable for a monetary forfeiture in the amount of $21,500 for willful violation of the following sections of the Commission's Rules (``the Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file).4 3. On September 13, 2001, Radio One filed a Petition for Reconsideration of the Forfeiture Order. On January 31, 2002, the Enforcement Bureau issued a Memorandum Opinion and Order5 in
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- 22, 2003 Memorandum Opinion and Order 2 (``MO&O'') issued in this proceeding. The MO&O imposed a forfeiture of $8,000 against Radio One for willful violations of the following sections of the Commission's Rules (``the Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); and 73.1800(a) (failure to maintain a station log).3 2. Radio One now asserts that its forfeiture should be cancelled because ``newly available evidence'' suggests that the Bureau applied its forfeiture policies inconsistently to the detriment of Radio One. Specifically, Radio One claims that the Bureau treated
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- their broadcast stations within tolerances specified by applicable technical rules contained in this part and in accordance with the terms of the station authorization. Section 73.1400 of the Rules allows stations to employ various methods or levels of transmission system monitoring and supervision to preclude out- of-tolerance operation and to ensure compliance with the transmission system control requirements of Section 73.1350. At the time of the inspection, A-O's owner admitted that he did not have ongoing supervision of the transmission system by a station employee or other person designated by the licensee, did not have an automatic transmission system to alert a contact person in the event of a technical malfunction, and did not have a remote control whereby the transmission
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- 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirty-nine thousand dollars ($39,000) to Maria L. Salazar, licensee of Station KTCM(FM), Kingman, Kansas, and owner of antenna structure number 1057462 near Spivey, Kansas, for willful and repeated violation of Sections 301 and 303(q) of the Communications Act of 1934, as amended (``Act''),1 and Sections 73.1350(a) and 17.51 of the Commission's Rules (``the Rules'').2 Ms. Salazar is also liable for the willful violation of Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules.3 Specifically, we find Ms. Salazar liable for operating a radio station from an unauthorized location; failing to maintain prescribed obstruction lighting on antenna structure number 1057462; failing to install and maintain Emergency Alert System
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- ORDER Adopted: May 17, 2004 Released: May 19, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Melodynamic Broadcasting Corporation (``Melodynamic''), the licensee of Radio Station WCER, Canton, Ohio for willful and repeated violation of Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Commission's Rules (``Rules'').1 Respectively, the noted violations include failure to respond to Commission communications; failure to maintain a copy of the Emergency Alert System (EAS) handbook; failure to maintain a record of the dates of commencement and termination of power determination by the indirect method; failure to maintain a record of the efficiency factor
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- FM Station WYGG, Asbury Park, New Jersey, of the Forfeiture Order issued on May 7, 2003.1 The Forfeiture Order imposed a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) against MBHD for its failure to operate its station as authorized and to install Emergency Alert System (``EAS'') equipment at the station, in willful and repeated violation of Sections 73.1350(a) and 11.35(a) of the Commission's Rules (``Rules'').2 II. BACKGROUND 2. In 2002, the Commission's Philadelphia, Pennsylvania Field Office (``Field Office'') conducted on- site inspections of, and investigated a complaint regarding, Station WYGG's operations. The Field Office's investigation resulted in the issuance of Notices of Violations on May 30, 2002,3 and July 24, 2002,4 and ultimately the issuance of a Notice
- http://www.fcc.gov/eb/Orders/2004/DA-04-1732A1.html
- and Order (``Order''), we grant in part the Petition for Reconsideration filed by Radio 810 Nashville, Limited (``Radio 810''), licensee of Station WMGC(AM), Murfreesboro, Tennessee. Radio 810 seeks reconsideration of the Forfeiture Order1 in which the Chief, Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of ten thousand dollars ($10,000) for willfully violating Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Commission's Rules (``the Rules'').2 The noted violations involve Radio 810's failure to maintain properly calibrated indicating instruments, failure to terminate broadcast operation as required when Station WMGC(AM) operated in non- compliance with the technical rules, and exceeding the authorized transmitter power at Station WMGC(AM) by failing to reduce power at sunset. 2. On June 18, 2002,
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- I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of thirteen thousand dollars ($13,000) issued to Cornell College (``Cornell''), the licensee of noncommercial educational FM Station KRNL, Mt. Vernon, Iowa. We find that Cornell failed to maintain control of the station's transmitter in apparent willful and repeated violation of Section 73.1350(b)(2) of the Commission's Rules (``Rules'') and failed to make available the station's public file in apparent willful violation of Section 73.3527(c) of the Rules.1 While we cancel the forfeiture based primarily upon the financial hardship that would result, we admonish Cornell for its violations of Sections 73.1350(b)(2) and 73.3527(c) of the Rules. II. BACKGROUND 2. On March 18, 2003, an
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- overall compliance and good faith. We have examined the Radio One orders and find nothing which supports a different result. Radio One involved a monetary forfeiture originally imposed for willful violation of the following Rules: 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). In a series of rulings, the Enforcement Bureau and the Commission reduced the originally proposed monetary forfeiture of $22,000 to $8,000 on the basis that Radio One did maintain a
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- Order (``Order''), we deny a petition for reconsideration filed by Mr. Farnell O'Quinn, licensee of radio stations WUFF (AM) and WUFF-FM (``the O'Quinn stations''), Eastman, Georgia, and owner of those stations' antenna structure (antenna registration number 1019521); and we affirm the Forfeiture Order1 issued August 11, 2003, in the amount of three thousand dollars ($3,000) for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules'').2 The noted violation involves Mr. O'Quinn's failure to operate the O'Quinn stations in accordance with the terms of their station authorizations. II. BACKGROUND 2. On June 11, 2002, an agent from the Commission's Atlanta, Georgia, Field Office (``Atlanta Office'') inspected the O'Quinn stations' transmitter site and antenna structure near Eastman, Georgia. The agent determined through
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- issued on April 22, 2003,2 and reduce the assessed forfeiture against Salazar to thirty- four thousand dollars ($34,000). The Forfeiture Order imposed a monetary forfeiture in the amount of thirty- nine thousand dollars ($39,000) against Salazar, for willfully and repeatedly violating Sections 301 and 303(q) of the Communications Act of 1934, as amended, (the ``Act'')3 and Sections 11.35(a), 17.51, 73.1125(a), 73.1350(a) and 73.3526 of the Commission's Rules. II. BACKGROUND 2. On April 8, 2002, agents from the Commission's Kansas City, Missouri Field Office (``Field Office'') conducted an on-site investigation of Station KTCM(FM). The agents determined that Salazar was licensed to operate Station KTCM(FM) and that the license specified Kingman, Kansas as the station's community of license. However, the agents found that
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- executed by telecopy or by original signatures. RADIO & INVESTMENTS, INC. By: ___________________________ Kenneth R. Noble II, President Date: ___________________________ ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION By: _____________________________ David H. Solomon, Chief Date: ____________________________ TABLE I VIOLATIONS Violation Citation Station(s) Unauthorized 47 U.S.C. KFRA, KDDK Transfer of 310(d) Control Failure to 47 C.F.R. KFRA, KDDK Install/Maintain 11.35, 73.1250, EAS Equipment 73.1300, 73.1350(h) Failure to 47 C.F.R. KDDK Register Antenna 17.4(a)(1), (g) Structure and Post Registration Failure to 47 C.F.R. KFRA, KDDK Maintain/Staff 73.1125 Main Studio Failure to 47 C.F.R. KFRA, KDDK Designate Chief 73.1350(a)-(c), Operator 73.1870 Excess operating 47 C.F.R. KDDK power 73.1560(b) Failure to 47 C.F.R. KFRA conduct 73.1590(a)(6) equipment performance measurements Failure to 47 C.F.R. KFRA, KDDK maintain station 73.1800,
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- Andalusia, Alabama ) Facility ID # 15775 FORFEITURE ORDER Adopted: July 26, 2005 Released: July 28, 2005 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to David M. Loflin, licensee of Station WKNI-LP/W49BM,1 for willful and repeated violation of Section 73.1350(a) of the Commission's Rules (``Rules'')2 by failing to operate the station in accordance with the terms of its station authorization. The noted violation involves Mr. Loflin's operation of Station WKNI-LP on TV channel 25, instead of its assigned TV channel 49. 2. On May 9, 2005, the District Director of the Commission's New Orleans Field Office (``New Orleans Office'') issued
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- November 22, 2005 Released: November 28, 2005 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand six hundred dollars ($5,600) to Family Educational Association Inc. (``Family''), licensee of station WPLI, in Levittown, Puerto Rico, for willful and repeated violation of Section 73.1350(a) of the Commission's Rules (``Rules'').1 The noted violation involves Family's failure to operate its station in accordance with the terms of the station authorization. II. BACKGROUND 2. On April 21, 2005, as a follow-up to a previous inspection that uncovered a violation, agents from the Commission's San Juan Office of the Enforcement Bureau (``San Juan Office'') conducted an inspection of
- http://www.fcc.gov/eb/Orders/2005/FCC-05-209A1.html
- (``petition'')1 filed by Maria L. Salazar (``Salazar''), licensee of Station KTCM(FM), Kingman, Kansas and owner of antenna structure # 1057462, of the Memorandum Opinion and Order (``Order'') released March 16, 2004.2 The Order found that Salazar failed to operate as authorized in willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 73.1350(a) of the Commission's Rules (``Rules''),3 failed to maintain antenna structure lighting in willful and repeated violation of Sections 303(q) of the Act and Section 17.51 of the Rules,4 and failed to comply with the Emergency Alert System, the main studio and the public information requirements in willful and repeated violation of Sections 11.35(a), 73.1125(a) and 73.3526 of the Rules.5 Based
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- and managerial capacity to ensure the installation and maintenance of operational EAS equipment for Stations WSTX(AM) and WSTX-FM as required by Section 11.35; i. To determine whether Family Broadcasting, Inc. under the direction of transferee Barbara James-Petersen will operate WSTX(AM) and WSTX-FM in accordance with the Rules, the Communications Act, and the terms of their authorizations as required by Sections 73.1350(a), 73.1560(a), 73.1560(b), and 73.1690(b); and j. To determine, in light of the evidence adduced pursuant to the foregoing issues, whether approval of the transfer of control application will serve the public interest. 17 FCC Rcd at 6191-92. The burdens of proceeding and proof as to each issue were assigned to Family. Id. Minority Distress Applications 8. On February 24, 2003,
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- ORDER Adopted: September 26, 2006 Released: September 28, 2006 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to West Coast Broadcasting ("West Coast"), licensee of station WNNV(FM) in San German, PR, for willful and repeated violation of Section 73.1350(a) of the Commission's Rules ("Rules") and willful violation of Section 73.1560(b) of the Rules. The noted violations involve West Coast's failure to operate station WNNV(FM) in accordance with the terms of its station authorization and its failure to maintain the transmitter output power of its FM station as near as practicable to its authorized power. II. BACKGROUND 2. On March
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- September 26, 2006 Released: September 28, 2006 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800) to Hacienda San Eladio, Inc. ("Hacienda"), licensee of station WRRE in Juncos, Puerto Rico, for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Hacienda's failure to operate its station in accordance with the terms of its station authorization and its failure to maintain a complete public inspection file. II. BACKGROUND 2. On February 8, 2006, agents from the Commission's San Juan Office of the Enforcement Bureau ("San Juan Office") conducted an inspection
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- Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to A Radio Company, Inc. ("A Radio"), licensee of AM radio station WEGA in Vega Baja, Puerto Rico, for willful violation of Sections 73.49 and 73.3526 of the Commission's Rules ("Rules") and willful and repeated violation of Section 73.1350(a) of the Rules. The noted violations involve A Radio's failure to enclose an antenna tower having radio frequency potential at the base within an effective locked fence, its failure to make available a complete public inspection file, and its failure to operate its station in accordance with the terms of its station authorization. II. BACKGROUND 2. On August 25, 2005,
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- instrument whether executed by telecopy or by original signatures. FEDERAL COMMUNICATIONS COMMISSION ________________________________ By: Kris Anne Monteith Chief, Enforcement Bureau Date: _______________ LICENSEE OF STATION ___________________________________ Kenneth Wayne Diebel (individually) Date: _______________ R&M BROADCASTING, INC. ___________________________________ By: Jack Reynolds, President Date: _______________ These rules include the main studio rule, 47 C.F.R. S 73.1125, the chief operator rule, 47 C.F.R. S 73.1350 (a)-(c), the station log rules, 47 C.F.R. SS 73.1800, 73.1820, and 73.1840, the public file rule, 47 C.F.R. S 73.3526, and the Emergency Alert System rules, 47 C.F.R. SS 11.35, 73.1250, 73.1300, and 73.1350(h). 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. See 47 U.S.C. S 310(d); 47 C.F.R. SS 73.3540. See 47 C.F.R. S 73.1125. (...continued from previous
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- upon to operate [the station] in the future in accordance with the requirements of its licenses and the Commission's rules." These rule violations also constitute a pattern of abuse and thus may warrant a finding that Hammond's application for renewal of the license for Station KBKH(FM) does not meet the standard for renewal set forth in the Act. 19. Section 73.1350(a) of the Commission's rules provides that a licensee is required to maintain and operate its broadcast station in accordance with the terms of the station authorization. It appears that, from August 26, 2002 until July 2, 2003, and from October 2004 to the present, Station KBKH(FM) operated at a site and with an antenna radiation center and power at levels
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- March 22, 2007 Released: March 29, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Community Broadcast Group, Inc., ("Community") licensee of AM Broadcast Radio station KZEY, in Tyler, Texas, for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. II. BACKGROUND 2. On June 5, 2006, agents from the Commission's Dallas Office of the Enforcement Bureau ("Dallas Office") conducted an inspection of station KZEY's main studio
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- By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Simmons-Austin, LS, LLC ("Simmons"), licensee of station KSLG(AM), St. Louis, Missouri. The Consent Decree terminates an investigation by the Bureau into whether Simmons violated Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 73.1350 and 73.1745 of the Commission's Rules ("Rules"). 2. The Bureau and Simmons 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 by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
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- 15, 2007 Released: June 19, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of three thousand, two hundred dollars ($3,200) to Del Rosario Talpa, Inc. ("Del Rosario Talpa"), licensee of AM broadcast station KNCR, in Fortuna, California, for willfully and repeatedly violating Section 73.1350(a) of the Commission's Rules ("Rules"). On December 22, 2006, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Del Rosario Talpa for operating station KNCR at an unauthorized location. In this Order, we consider Del Rosario Talpa's arguments that its violation was actually of Section 73.1680 of the
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- A Radio Company, Inc. ("A Radio"), licensee of AM radio station WEGA in Vega Baja, Puerto Rico, of the Forfeiture Order issued November 3, 2006. The Forfeiture Order imposed a monetary forfeiture in the amount of $15,000 on A Radio for the willful violation of Sections 73.49 and 73.3526 of the Rules and the willful and repeated violation of Section 73.1350(a) of the Rules. The noted violations involved A Radio's failure to enclose an antenna tower having radio frequency potential at the base within an effective locked fence, its failure to make available a complete public inspection file, and its failure to operate its station in accordance with the terms of its station authorization. II. BACKGROUND 2. On August 25, 2005,
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- ) ) FORFEITURE ORDER Adopted: September 7, 2007 Released: September 11, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to Larson-Wynn, Inc. ("Larson-Wynn"), licensee of broadcast station KODL(AM), in The Dalles, Oregon, for willfully and repeatedly violating Section 73.1350(a) of the Commission's Rules ("Rules"). On February 21, 2007, the Enforcement Bureau's Portland Resident Agent Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Larson-Wynn for operating station KODL(AM) at an unauthorized location. In this Order, we consider Larson-Wynn's argument that the forfeiture amount should be cancelled because of Larson-Wynn's good faith efforts
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- as Perreira Broadcasting. The agent also observed that the antenna structure registration numbers for the two AM towers, as well as any high voltage or radiofrequency radiation warning signs, had also been removed with the fencing. 47 C.F.R. S: 73.49. Within the NAL, the San Francisco Office also issued a Notice of Violation ("NOV") to Pereira for violation of Section 73.1350(a) of the Rules which states that each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules and in accordance with the terms of the station license., 47 C.F.R. S: 73.1350(a). Specifically, Section 73.1745(a) of the Rules states that no broadcast station shall operate at times or with modes or power,
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- Order ("Order"), we dismiss the Petition for Reconsideration filed by Community Broadcast Group, Inc., ("Community") licensee of AM Broadcast Radio station KZEY, in Tyler, Texas. Community seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau ("Bureau") found it liable for a monetary forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 73.1350(a) and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Community's failure to operate the station in accordance with the station authorization and failure to make available a complete public inspection file. For the reasons provided below, we dismiss Community's petition for reconsideration as untimely. II. BACKGROUND 2. On June 5, 2006, agents from the Commission's Dallas Office of
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- licensee of station WIQR(AM), in Prattville, Alabama, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Star Power's failure to maintain operational Emergency Alert System ("EAS") equipment, and failure to maintain and make available a complete public inspection file. We also admonish Star Power for its repeated violation of Section 73.1350(a) of the Rules. II. BACKGROUND 2. On August 30, 2007, agents of the Commission's Atlanta Office of the Enforcement Bureau ("Atlanta Office") conducted an inspection of the AM directional station, WIQR, in Prattville, Alabama during normal business hours with the station's general manager. The agents found that the station's EAS encoder/decoder unit was not operational, because it was unplugged from
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- DC 20036. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. S:S: 73.44(b), 73.49. We also find that Black Crow willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Rules. Black Crow made a payment of $12,000 for these violations, and are not at issue in this Forfeiture Order. See 47 C.F.R. S: 73.1350(d) (if not in compliance with the technical rules or the station authorization, and the condition is not listed in Section 73.1350(e) of the Rules, broadcast operation must be terminated within three hours). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700018 (Enf. Bur., Tampa Office, September 24, 2008) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S:
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- 2008 By the Associate Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and A Radio Company, Inc. ("A Radio"), licensee of AM radio station WEGA in Vega Baja, Puerto Rico. The Consent Decree terminates an investigation by the Bureau against A Radio for possible violations of Sections 73.49, 73.1350(a), and 73.3526 of the Commission's Rules ("Rules") regarding antenna tower fencing and public inspection file requirements and operating with an unauthorized antenna pattern. 2. The Bureau and A Radio have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of
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- FORFEITURE ORDER Adopted: April 24, 2008 Released: April 28, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) to Frank Rackley, Jr., licensee of station WNBN-AM, in Meridian, Mississippi, for willful and repeated violation of Sections 73.1350(a) and 73.1745(a) of the Commission's Rules ("Rules"). The noted violations involve Mr. Rackley's operation of the station from an unauthorized location and operation at a power level in excess of that authorized by the license. II. BACKGROUND 2. On December 7, 2007, the Commission's New Orleans Office of the Enforcement Bureau ("New Orleans Office") received a complaint concerning station WNBN-AM.
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- Section 11.35(a) of the Rules by failing to ensure that EAS equipment was installed and operational when the station was in operation. 7. Section 73.1400(a)(1)(ii) of the Rules states that if a remote control system of the transmission system is used, the "remote control system must provide sufficient transmission system monitoring and control capability so as to ensure compliance with S:73.1350." On January 26, 2010, the installed transmitter dial-up remote control system at the WCLM transmitter site was inoperative. According to the station manager and "technical representative", the transmitter remote control unit was "hit by lightning" sometime in November 2009 and had not subsequently been repaired or replaced. Therefore, we find that World Media apparently willfully and repeatedly violated Section 73.1400(a)(1)(ii)
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- ORDER Adopted: March 8, 2011 Released: March 8, 2011 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ace of Hearts Disc Jockey Service, Inc. ("Ace of Hearts"), licensee of translator station W277AN, in Cape Canaveral, Florida, apparently willfully and repeatedly violated sections 73.1350 and 74.1235(e) of the Commission's rules ("Rules") by: (1) operating overpower; and (2) utilizing an unauthorized transmitting antenna system. We conclude that Ace of Hearts is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND 2. Station W277AN is authorized to operate with a transmitter output power of 0.061 kW (61 watts). When operating
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- Based on our review of the facts and circumstances of this case, we conclude that A Radio is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). II. BACKGROUND 2. On May 12, 2008, the Bureau adopted an Order and Consent Decree that terminated a Bureau investigation of possible violations by A Radio of sections 73.49, 73.1350(a), and 73.3526 of the Commission's rules ("Rules") regarding antenna tower fencing, public inspection file requirements, and operating with an unauthorized antenna pattern. Among other terms in the Order and Consent Decree, A Radio agreed to make a voluntary contribution to the U.S. Treasury in the amount of eight thousand dollars ($8,000) by June 14, 2008. A Radio also agreed to
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- and receiving equipment are installed and operational so that the EAS monitoring and transmitting functions are available when a station is in operation. Section 73.1400(a)(1)(ii) of the Rules states that if a remote control system of the transmission system is used, the "remote control system must provide sufficient transmission system monitoring and control capability so as to ensure compliance with S:73.1350." 7. Section 73.3526(a)(2) of the Rules states that "[e]very permittee or licensee of an AM, FM, TV or a Class A station in the commercial broadcast services shall maintain a public inspection file containing the material" set forth in this section. The public inspection file must be maintained at the main studio of the station, and must be available for
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- By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Entertainment Media Trust, Dennis J. Watkins, Trustee ("Entertainment Media Trust" or "the Licensee"), licensee of AM Station KZQZ, in St. Louis, MO and AM Station KQQZ, in DeSoto, MO, apparently willfully violated section 73.1350 of the Commission's Rules ("Rules") by failing to operate Station KZQZ in accordance with the terms of its station authorization. We also find that the Licensee apparently willfully and repeatedly violated sections 73.1590 and 73.3526 of the Rules by failing to conduct required annual equipment performance measurements for Station KZQZ and failing to maintain and make available complete public inspection
- http://www.fcc.gov/eb/Orders/2012/DA-12-277A1.html
- FORFEITURE AND ORDER Adopted: February 28, 2012 Released: February 28, 2012 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Super W Media Group, Inc. (Super W), licensee of Station WIPC, in Lake Wales, Florida, apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's rules (Rules), by failing to operate its station in accordance with the terms of its station authorization. We conclude that Super W is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000). We further direct Super W to submit a written statement, signed under penalty of perjury, stating whether Station WIPC is
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- FOR FORFEITURE AND ORDER Adopted: March 7, 2012 Released: March 8, 2012 By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Hoosier Public Radio Corporation (Hoosier), licensee of Non-Commercial Educational Station WRFM-FM, in Wilkinson, Indiana (Station), apparently willfully and repeatedly violated Section 73.1350(a) of the Commission's rules (Rules), by failing to maintain and operate its broadcast station in accordance with the terms of the Station's authorization. We conclude that Hoosier is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). We also direct Hoosier to submit a report, signed under penalty of perjury, regarding the status of the Station's
- http://www.fcc.gov/eb/Orders/2012/DA-12-625A1.html
- Released: April 23, 2012 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Ace of Hearts Disc Jockey Service, Inc. (Ace), licensee of translator station W277AN (Station), in Cape Canaveral, Florida, for willful and repeated violation of Sections 73.1350 and 74.1235(e) of the Commission's rules (Rules). The noted violations involved Ace operating its Station with unauthorized antenna equipment and with more than authorized power. In addition to the monetary forfeiture, we direct Ace to submit no later than thirty (30) calendar days from the date of this Order a statement signed under penalty of perjury that it is operating
- http://www.fcc.gov/eb/Orders/2012/DA-12-789A1.html
- May 17, 2012 Released: May 18, 2012 By the District Director, Denver Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (NAL), we find that Mt. Rushmore Broadcasting, Inc. (Mount Rushmore), licensee of Stations KZMX(AM) and KZMX-FM (Stations), in Hot Springs, South Dakota, apparently willfully and repeatedly violated Sections 73.1125(a), 73.1125(e), 73.1225(a), and 73.1350(a) of the Commission's rules (Rules), by failing to maintain a management or staff presence at the Stations' main studio, by failing to maintain a local telephone number in its community of license or a toll-free number for either station, by failing to make the Stations available for inspection, and by failing to operate Station KZMX-FM in accordance with the terms
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- 6, 2012 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of three thousand five hundred dollars ($3,500) to Super W Media Group, Inc. (Super W or the Licensee), licensee of Station WIPC, in Lake Wales, Florida, for willful and repeated violation of Section 73.1350(a) of the Commission's rules (Rules). The noted violations involved Super W's failure to operate its Station in accordance with the terms of its station authorization. II. BACKGROUND 2. On February 28, 2012, the Enforcement Bureau's Tampa Office (Tampa Office) issued a Notice of Apparent Liability for Forfeiture and Order (NAL) to Super W for its failure to change power/operating mode
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- (``Order''), we deny a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on March 9, 2000. That Memorandum Opinion and Order denied Joy's petition for reconsideration of the Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involve Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. Reconsideration is appropriate only
- http://www.fcc.gov/eb/Orders/da00526.doc http://www.fcc.gov/eb/Orders/da00526.html http://www.fcc.gov/eb/Orders/da00526.txt
- ) NAL/Acct. No. 915TP0004 Radio Station WJTF-FM ) Panama City, Florida ) MEMORANDUM OPINION AND ORDER Adopted: March 8, 2000 Released: March 9, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we reaffirm a monetary forfeiture of $3,000 issued by the former Compliance and Information Bureau to Joy Public Broadcasting Corporation (``Joy'') for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Rules. Respectively, these sections require that broadcast stations make periodic calibrations of the station's monitoring equipment, make equipment performance measurements upon the initial installation of a new transmitter, and designate the station's chief operator in writing and post a copy of the designation with the station license. The Notice of Apparent Liability (``NAL'') in this
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- and Order, we deny a Petition for Reconsideration filed on March 25, 1999, by Hoosier Broadcasting Corporation (``Hoosier''), licensee of FM Station WIRE, Lebanon, Indiana (formerly WWRE). Hoosier seeks reconsideration of a Forfeiture Order, in which the former Compliance and Information Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of $4,000 for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules''). The noted violation involves operation at an antenna height that exceeded the station's authorization. For the reasons discussed below, we affirm the $4,000 monetary forfeiture. II. BACKGROUND 2. On May 5, 1998, agents from the FCC's Chicago, Illinois Field Office (``Field Office''), acting in response to an interference complaint from FM Station WEDM, Indianapolis, Indiana,
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- the resident agent of the Commission's Portland Field Office conducted an inspection of the captioned stations. The inspection disclosed numerous violations of the rules, including: those noted above; failure to make appropriate entries in station records concerning EAS required weekly and monthly tests (47 C.F.R. § 11.61(b)); reliance on an inoperable telephone dial-up remote control for KHSN(AM) (47 C.F.R. § 73.1350(c)); and failure to post antenna registration numbers at the towers for KACW(FM) and KBBR(AM) (47 C.F.R. § 17.4). Following issuance of a Notice of Violation (``NOV'') on April 21, 1999, and review of the licensee's response, the Portland Field Office, on August 24, 1999, issued a Notice of Apparent Liability (``NAL'') to Bay, which proposed a forfeiture of $19,000. The
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- (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirement), 11.61 (Tests of EAS Procedures) and 73.1820 (Station Log). Atlanta, GA District Office (4/19/02). * GreenTV Corp., Evergreen, CO., KDMD (TV), Anchorage, AK. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1225 (Station Inspection by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1840 (Retention of Logs) and 73.1870 (Chief Operator). Anchorage, AK Resident Agent Office (4/22/02). * Murray Broadcasting Company, Englewood, FL. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirement) and 11.61 (Tests of EAS Procedures). Tampa, FL District Office (4/29/02). * Charter Communications,
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- AM Transmission System Fencing Requirements * Sam Bushman, KNAL(AM) Delta, UT. $ 7,000 NAL. Denver, CO District Office (5/17/02). * Commonwealth License Subsidiary, LLC, KLMR(AM), Lamar, CO. $7,000 NAL. Denver, CO District Office (5/30/02). * 47 C.F.R. 73.1125 Station Main Studio Location * American Family Association, KBKC, Moberly, MO. $7,000 NAL. Kansas City, MO District Office (5/28/02). * 47 C.F.R. 73.1350 Transmission System Operation * Mount Rushmore Broadcasting, Inc., WZMX(FM), Hot Springs, SD. $3,000 NAL. Other violation: 47 C.F.R. 73.1400 (Transmission System Monitoring and Control). Denver, CO District Office (5/31/02). * 47 C.F.R. 73.1560 Operating Power and Mode Tolerances * Tarrant Radio Broadcasting, Inc., Southlake, TX. $4,000 NAL. Dallas, TX District Office (5/24/02). 47 C.F.R. Part 76 Multichannel Video and Cable
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- & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Mitchell Communications, Inc., Danville, VA. $13,000 NAL. Other violation: 47 C.F.R. 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record). Norfolk, VA Resident Agent Office (6/10/02). * Truth Broadcasting Corp., Winston-Salem, NC. $11,200 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission System Fencing Requirements) and 73.1350 (Transmission System Operation). Norfolk, VA Resident Agent Office (6/12/02). * 47 C.F.R. 17.4(g) Posting of Antenna Structure Registration Number * Media Broadcasting Corporation, Winston-Salem, NC. $12,000 NAL. Other violation: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited). Norfolk, VA Resident Agent Office (6/13/02). * Beacon Broadcasting, Inc., Warren, OH. $15,000 NAL. Other violations: 47 C.F.R. 17.48 (Notification of Extinguishment
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- Mexico, Inc. $3,000 NAL. Dallas, TX District Office (7/9/02). 47 C.F.R. Part 11 Emergency Alert System (EAS) Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * Adelphia Communications Corporation, Coudersport, PA. $8,000 NAL. Atlanta, GA District Office (7/18/02). * L.T. Simes II & Raymond Simes, KAKJ(FM), West Helena, AR. $15,000 NAL. Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration) and 73.1350 (Transmission System Operation). New Orleans, LA District Office (7/22/02). * Rotijefco, Inc., Santa Barbara, CA. $8,000 NAL. Los Angeles, CA District Office (7/26/02). * Smith Broadcasting of Santa Barbara, LP, Santa Barbara, CA. $8,000 NAL. Los Angeles, CA District Office (7/26/02). * Lighthouse Broadcasting, Canon, GA, licensee of WBIC(AM) in Royston, GA. $12,000 NAL. Other violation: 47 C.F.R. 73.1745 (Unauthorized
- http://www.fcc.gov/eb/Public_Notices/DA-02-2463A1.html
- Part 73 Radio Broadcast Rules * 47 C.F.R. 73.49 AM Transmission System Fencing Requirements * Times and News Publishing Company, Gettysburg, PA. $7,000 NAL. Philadelphia, PA District Office (8/5/02). * Cumulus Licensing Corporation, WNAM, Oshkosh, WI. $7,000 NAL. Chicago, IL District Office (8/16/02). * WCPC Broadcasting Co., Houston, MS. $7,000 NAL. New Orleans, LA District Office (8/21/02). * 47 C.F.R. 73.1350 Transmission System Operations * Clarke Broadcasting Corporation, KTIQ, Merced, CA. $7,000 NAL. Other violations: 47 C.F.R. 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances) and 73.1745 (Unauthorized Operation). San Francisco, CA District Office (8/30/02). * 47 C.F.R. 73.1560 Operating Power and Mode Tolerances * North American Broadcasting Company, Inc., Cave Creek, Arizona. $4,000 NAL. San Diego,
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- (Antenna Structure Registration). Atlanta, GA District Office (9/24/02). * Aracelis Ortiz, Excutrix of the Estate of Carlos Ortiz, KCOS-LP, Phoenix, AZ. $15,000 NAL. Other violation: 47 C.F.R. 73.1125 (Station Main Studio Location). San Diego, CA District Office (9/30/02). * Hunt Broadcasting Group, Inc., KPWB AM and FM, Piedmont, MO. $19,000 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission Fencing Requirements), 73.1350 (Transmission System Operation), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/30/02). * 47 C.F.R. 11.61 Tests of EAS Procedures * Hoonaauao Community Television, Inc., KWBN-TV, Honolulu, HI. $4,000 NAL. Honolulu, HI Resident Agent Office (9/27/02). 47 C.F.R. Part 17 Construction, Marking and Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration
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- Other violation: 47 C.F.R. 74.780 (Broadcast Regulations Applicable to Translators, Low Power, and Booster Stations). Anchorage, AK Resident Agent Office (1/22/02). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Mt. Rushmore Broadcasting, Inc., Custer, SD (KAWK-FM, Facility ID #43916). Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring and Control), 73.1580 (Transmission System Inspections), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Denver, CO District Office (1/7/02). 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.951 Duty to Respond to Official Communications * Patricia L. Kozel, Muncie, IN. Philadelphia, PA District Office
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- * 47 C.F.R. 11.35 Equipment Operational Readiness * Steven M. Greeley, Lake Havasu City, AX, KJJJ(FM). Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (2/12/02). * Clarke Broadcasting Corp., KAXW, Merced, CA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1215 (Specifications for Indicating Instruments), 73.1350 (Transmission System Operations), 73.1545 (Carrier Frequency Departure Tolerances), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (2/13/02). * Amaturo Group of LA, LTD, KELT(FM), Riverside, CA. San Diego, CA District Office (2/15/02). * Cornerstone
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- CA District Office (3/12/02). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.903 Authorization Required * Fennessey Broadcasting Stations Corp., Scranton, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1225 (Station Inspections by FCC), 73.1350 (Transmission System Operations), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1800 (General Requirements Related to the Station Log), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (3/7/02). * Frankford Hospital, Philadelphia, PA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 90.403 (General Operating
- http://www.fcc.gov/eb/Public_Notices/DA-03-404A1.html
- 95.426 ((CB Rule 26) Do I Have To Make My Station Available For Inspection?). Seattle, WA District Office (12/30/02). 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.89 Response to Notice of Violation * Melodynamic Broadcasting Corporation, WCER, Canton, OH. $11,000 NAL. Other violations: 47 C.F.R. 11.15 (EAS Operating Handbook), 73.51(Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation) and 73.1870 (Chief Operator). Detroit, MI District Office (12/30/02). * 47 C.F.R. 1.903 Authorization Required * Horizon Communications, Cliffside Park, NJ. $10,000 NAL. Other violation: 47 C.F.R. 90.425 (Station Identification). Philadelphia, PA District Office (12/5/02). 47 C.F.R. Part 11 Emergency Alert System (EAS) Rules * 47 C.F.R. 11.35
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- Michael Radio Group, Glendo, Wyoming. NOV also issued for violation of 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.267 (Determining Operational Power), 73.1125 (Station Main Studio Location), 73.1207 (Rebroadcasts), 73.1225 (Station Inspections by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station License), 73.1300 (Unattended Station Operation), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1540 (Carrier Frequency Measurements), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System Inspections), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operators), 73.3526 (Public Inspection File), and 73.3556 (Duplication of Programming on Commonly Owned or Time Brokered Stations). Denver, CO Office (5/17/00). AT&T Cable Services, Levittown, PA. NOV also issued for violation
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- 47 C.F.R. §§ 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operators). Boston, MA District Office (6/2/00). Citadel Communications Corp., WFHN(FM), Fairhaven, MA. Other violations: 47 C.F.R. § 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operators). Boston, MA District Office (6/2/00). Brown Broadcasting Systems, Inc. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 73.1350 (Transmitter System Operations), 73.1870 (Chief Operators), and 73.3526 (Public Inspection File). Atlanta, GA District Office (6/6/00). Chancellor Media Radio Licensees, LLC, Chicago, IL, WGCI(AM) and WGCI-FM. Chicago, IL District Office (6/8/00). Canton Broadcasters, Inc. Dallas, TX District Office (6/9/00). Columbia College, Chicago, Illinois, WCRX. Other violations: 47 C.F.R. § 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/12/00). St.
- http://www.fcc.gov/eb/Public_Notices/da001850.doc http://www.fcc.gov/eb/Public_Notices/da001850.html
- Requirements). New York, NY District Office (7/31/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.15 - EAS Operating Handbook Garden City Broadcasters, Inc., D.I.P., Fort Worth, TX. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1840 (Retention of Logs), and 73.1870 (Chief Operators). Dallas, TX Office (7/5/00). Electronic Applications Radio Service, WLHN(AM) Muncie, IN. Other violation: 47 C.F.R. § 73.1820 (Station Log). Chicago, IL District Office (7/18/00). 47 C.F.R. § 11.35 - Equipment Operations Readiness
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- and 11.61 (Tests of EAS Procedures). Kansas City, MO District Office (8/23/00). 47 C.F.R. § 11.32 - EAS Encoder Lenora Alexander, KAGM(FM), Strasburg, Colorado. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Requirements), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1545 (Carrier Frequency Departure Tolerance), 73.1580 (Transmission System Inspections), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File For Commercial Stations). Denver, CO District Office (8/2/00). 47 C.F.R. § 11.35 - Equipment Operations Readiness Cumulus Licensing Corporation. Other violation: 47 C.F.R. § 11.61 (Tests
- http://www.fcc.gov/eb/Public_Notices/da002408.doc http://www.fcc.gov/eb/Public_Notices/da002408.html
- FL District Office (9/15/00). Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. § 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. § 11.35 -
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- Power), 73.1230 (Posting of Station License), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File For Noncommercial Broadcast Stations). Boston, MA District Office (10/10/00). Pollack Broadcasting Company, Cordova, TN. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Monitoring Requirements), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (10/10/00). University of New Hampshire, WUNH, Durham, NH. Other violations: 47 CFR §§ 11.61 (Tests for EAS Procedures), 73.1870 (Chief Operators) and 73.3527 (Local Public Inspection File for Noncommercial Educational Broadcast Stations). Boston, MA District Office
- http://www.fcc.gov/eb/Public_Notices/da002855.doc http://www.fcc.gov/eb/Public_Notices/da002855.html
- violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 17.4 (Posting of Antenna Structure Registration), 73.1820 (Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File of Commercial Stations). Detroit, MI District Office (11/24/00). Stepchild Radio of Cincinnati, Inc., Cincinnati, OH. Other violations: 47 C.F.R. §§ 73.267 (Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances) 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation), 73.1820 (Station Log), 73.1870 (Chief Opeator), 73.3527 (Local Public Inspection File for Noncommercial Educational Stations) and Terms of the Station Authorization. Detroit, MI District Office (11/24/00). RJ's Late Night Entertain. Corp., Highland Park, MI. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and
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- (failure to maintain a station log). San Juan, PR Office (2/1/00). Morradio, Inc., Greenwood, SC. NOV also issued for violation of numerous rules under 47 C.F.R. Part 73. Atlanta, GA Office (2/2/00). ADD Radio Group, Inc. (WLYN-AM), Lynn, MA. NOV also issued for violation of 47 C.F.R. § 73.1560(a) (operating with reduced power for extended period), and 47 C.F.R. § 73.1350(a) (operating with unauthorized antenna impedance). New England District Office (2/4/00). American General Media Corp., Rochester, New York. Buffalo, NY Office (2/7/00). ABC, Inc., Chicago, IL. Chicago, IL Office (2/8/00). Sinclair Broadcasting Group, Inc., Grand Island, NY. Buffalo, NY Office (2/9/00). Fuente de Concilio Mision Cristina, Carolina, PR. San Juan, PR Office (2/11/00). Mortenson Broadcasting Company of Texas, Inc., Dallas TX.
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- 11 (Emergency Alert System (EAS) Rules) 47 C.F.R. § 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. §§ 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. §§ 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. § 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. § 11.35 (Equipment
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- to Notice of Violation Northeast Passage Corporation, Forked River, NJ. $7,000 NAL. Other violation: 47 C.F.R. § 17.4(a) (Antenna Structure Registration). Philadelphia PA District Office (3/20/01). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.35 - Equipment Operations Readiness Radio One Licenses Inc., Lanham, MD. $22,000 NAL. Other violations: 47 C.F.R. §§ 73.1125 (Station Main Studio Location), 73.1350 (Transmission System Operations), 73.1800 (General Requirements Related to the Station Log), and 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (3/8/01). 47 C.F.R. Part 17 - Antenna Structure Construction, Marking, and Lighting of Antenna Structures 47 C.F.R. § 17.4 - Antenna Structure Registration 47 C.F.R. § 17.4(a) - Registration Mitchell Communications, Inc., Lynchburg, VA. $3,000 NAL.
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- - EAS Operating Handbook Missouri Valley College, Marshall, MO. Other violation: 47 C.F.R. § 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (12/6/00). KYOO Communications, Bolivar, MO. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (12/8/00). KASA Radio Hogar, Inc. (KDAP Douglas, AZ). Other violations: 47 C.F.R. §§ 73.44 (AM Transmission System Emission Limitations), 73.54 (Antenna Resistance and Reactance Measurements), 73.
- http://www.fcc.gov/eb/Public_Notices/da011314.doc http://www.fcc.gov/eb/Public_Notices/da011314.html
- (4/20/01). 47 C.F.R. § 1.948 - Assignment of Authorization or Transfer of Control, Notification of Consummation Greenville Broadcasting Company, Greenville, Pennsylvania. Philadelphia, PA District Office (4/12/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. § 11.15 - EAS Operating Handbook Aura Broadcasting Corp., Hatillo, PR. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1820 (Station Log), and 73.1870 (Chief Operator). San Juan, PR Resident Agent Office (4/3/01). Twin Eagle Communications, Poplar Bluff, MO. 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 73.1125 (Station Main Studio Location), 73.1350 (Transmission System Operation), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (4/19/01). 47 C.F.R. §
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- Services, Oroville, CA. Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). San Francisco, CA District Office (5/4/01). Atlantic City Board of Education, Atlantic City, NJ, (WAJM-FM). Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Stations). Philadelphia, PA District Office (5/11/01). Sunflower Cablevision, Lawrence, KS. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 76.305 (Records to be Maintained Locally by Cable System Operators for Public Inspection) and 76.605 (Technical Standards). Kansas
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- & Eubank Communications, Inc., WDKN(AM), Dickson, TN. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 73.51 (Determining Operating Power), 73.1230 (Posting of Station License), and 73.1400 (Transmission System Monitoring). Atlanta, GA District Office (6/18/01). Wilson Broadcasting Co., Inc., WAGF(AM), Dothan, AL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring), 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation) and 73.1820 (Station Log). Atlanta, GA District Office (6/18/01). Christian Broadcasting Group, Ceiba, PR. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection
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- ASR# 103090, Kopperston, WV. Other violation: 47 C.F.R. § 17.4(g) (Posting of Antenna Structure Registration Numbers). Columbia, MD District Office (7/11/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. § 11.15 - EAS Operating Handbook John H. Wiggins, WJHW(FM), Bainbridge, GA. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operations Readiness), 73.1213 ( Antenna Structure Marking and Lighting), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1820 (Station Log) and 73.1870 (Chief Operator). Atlanta, GA District Office (7/3/01). Lovett Broadcasting Enterprises, Inc., WGRA(AM), Cairo, GA. Other violations: 47 C.F.R. §§ 17.4(g) (Posting of Antenna Structure Registration Number) and 17.50 (Cleaning and Repainting). Atlanta, GA District Office (7/3/01) CSN International, Gillette, WY, (KLWD-FM, Facility ID #84184). Denver, CO
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- (Time When Lights Should Be Exhibited). Kansas City, MO District Office (8/3/01). 47 C.F.R. Part 17 Antenna Structure Construction, Marking, and Lighting of Antenna Structures * 47 C.F.R. 17.51 Time When Lights Should Be Exhibited * Eure Family Limited Partnership, Yorktown, VA. $10,000 NAL. Norfolk, VA Resident Agent Office (8/16/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.1350 Transmission System Operation * Palouse Country, Inc., KMAX(AM), Colfax, WA. $10,000 NAL. Other violations: 47 C.F.R. 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System Inspections), and 73.1870 (Chief Operators). Seattle, WA District Office (8/30/01). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.903 Authorization Required * Robert E.
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- NAL, NOV or Citation. NOTICES OF APPARENT LIABILITY Communications Act * 47 U.S.C. 301 Unauthorized Operation * David Edwin Merrell, Wichita Falls, TX. $10,000 NAL. Dallas, TX District Office (9/10/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.1225 Station Inspections By FCC * Fifth Avenue Broadcasting Co., Inc., WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 90.233 (Base/Mobile Non Voice Operations), and
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- Broadcasting, Inc., Greenville, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 17.23 (Specifications for Painting and Lighting of Antenna Structures), 17.48 (Notification of Extinguishment and Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.58 (Indicating Instruments), 73.1201 (Station Identification), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). * School District, Bay City, WCHW-FM, Bay City, MI. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.567 (Determining Operating Power), 73.1230 (Posting
- http://www.fcc.gov/eb/Public_Notices/da01541.doc http://www.fcc.gov/eb/Public_Notices/da01541.html
- District Office (1/3/01). 47 C.F.R. § 1.903 - Authorization Required 420 Energy Investments, Inc., WPFP282, Burnsville, WV and WPFQ228, Sardis, WV. $12,000 NAL. Columbia, MD District Office (1/3/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. § 11.35 - Equipment Operational Readiness KYOO Communications, Bolivar, MO. $22,000 NAL. Other violations: 47 C.F.R. §§ 17.50 (Cleaning and Repainting), 73.1350 (Transmission System Operation) and 73.1800 (General Requirements Related to the Station Log). Kansas City, MO District Office (1/31/01). 47 C.F.R. Part 95 - Personal Radio Services 47 C.F.R. § 95.409 - (CB Rule 9) What Equipment May I Use At My CB Station? Jerry Smith, Claymont, DE. $13,500 NAL. Other violations: 47 C.F.R. § 95.410 ((CB Rule 10) How Much
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- Enforcement Bureau: 1. This order imposes a forfeiture against Arnold Broadcasting Company, Inc. (``Arnold Broadcasting'') in the amount of $16,000 pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 503(b), and Section 1.80 of the Commission's Rules (``the Rules''), 47 C.F.R. § 1.80, for willful violations of Sections 11.35, 11.61, 17.4, 73.1225, 73.1350, 73.1820, and 73.1870 of the Rules, 47 C.F.R. §§ 11.35, 11.61, 17.4, 73.1225, 73.1350, 73.1820, and 73.1870. These violations include failure to comply with the Rules for Emergency Alert System (``EAS'') equipment and antenna structure registration, as well as numerous violations of the Rules for broadcast stations. BACKGROUND 2. On May 19, 1999, agents of the Commission's Denver Field Office
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- and Order, we deny a Petition for Reconsideration filed on March 25, 1999, by Hoosier Broadcasting Corporation (``Hoosier''), licensee of FM Station WIRE, Lebanon, Indiana (formerly WWRE). Hoosier seeks reconsideration of a Forfeiture Order, in which the former Compliance and Information Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of $4,000 for willful violation of Section 73.1350(a) of the Commission's Rules (``Rules''). The noted violation involves operation at an antenna height that exceeded the station's authorization. For the reasons discussed below, we affirm the $4,000 monetary forfeiture. II. BACKGROUND 2. On May 5, 1998, agents from the FCC's Chicago, Illinois Field Office (``Field Office''), acting in response to an interference complaint from FM Station WEDM, Indianapolis, Indiana,
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- Bureau, found that Arnold had willfully violated several sections of the Commission's Rules ("Rules"): Sections 11.35(a) (failure to install and maintain operable Emergency Alert System ("EAS") equipment); 11.61 (failure to conduct EAS tests and activations or maintain logs of tests or activations); 17.4(g) (failure to post the antenna structure registration number at the base of the antenna tower); 73.1870 and 73.1350(b) (failure to designate and post the designation of a chief operator for the station); 73.1870(c)(3) (failure to have a chief operator review the station's records weekly and verify in the station log that KNEC operated in accordance with the Rules and its authorization); and 73.1225(c) and 73.1820(a) (failure to make the station's equipment performance measurements, written designation of chief operator,
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- Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules'') by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.1350(a) of the Rules by operating the Station at an unauthorized location. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000), and we grant the captioned WMOR(AM) license renewal application. II. BACKGROUND Section 73.1350(a) of the Rules prohibits operation
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- Apparent Liability for Forfeiture, however, the Enforcement Bureau determined that copies of PSAs did not qualify as issues/programs lists and that there was no evidence that the lists were ever maintained in the public file. Accordingly, the Enforcement Bureau issued the Notice of Apparent Liability for Forfeiture in the amount of $15,000 for willful and repeated violation of Section's 11.35(a), 73.1350(b), and 73.3526(e)(12) of the Rules. Of the proposed forfeiture, $4,000 was attributable to the public inspection file violation. Licensee paid the forfeiture in full. 7. Additionally, on April 13, 2006, agents from the Commission's Tampa Office of the Enforcement Bureau conducted an inspection of WWLD(FM) at its main studio in Tallahassee, Florida. They determined that the station's public inspection file
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- maintenance, and that he issued a verbal and written warning about the ``dangerous condition'' of the AM towers at both stations, which included tower structure, lighting, and painting problems. Roach maintains that these ``complaint matters'' remained unresolved as of March 3, 2006. In addition, Roach alleges that the Licensees ``repeatedly violated'' the Commission's rules regarding ``city-of-license requirements'' in Sections 73.1125, 73.1350 and 73.1400 of the Rules at Stations WCDL(AM) and WLNP(FM) by not maintaining ``properly manned and supervised space'' in the City of Carbondale and by not having the capability of transmitting from the city of license ``on demand.'' Roach states that despite repeated warnings by the Chief Operator and the Contract Engineer, along with requests for additional capital to bring
- http://www.fcc.gov/fcc-bin/audio/DA-08-367A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-367A1.pdf
- attaches to the Petition a WEPN(AM) ``Program Line-Up'' printed from the Station's website on October 19, 2006. Kovel contends in his October 24, 2006, letter that this ``public interest'' program was taken off the air following grant of the Application. Petition at 1. Licensees must, of course, operate within the technical parameters of their authorizations. See, e.g., 47 C.F.R. § 73.1350(a). Kovel presents no evidence that the Station is not operating as licensed. 47 U.S.C. § 326 U.S. Const., Amend. I.; 47 U.S.C § 326. 18 U.S.C. § 1464. See WGBH Educational Foundation, Memorandum Opinion and Order, 69 FCC 2d 1250, 1251 (1978). License Renewal Applications of Certain Commercial Radio Stations Serving Philadelphia, Pennsylvania, Memorandum Opinion and Order, 8 FCC Rcd
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- Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Section 73.1350 of the Rules, by engaging in operation of the Station at an unauthorized site; and willfully and repeatedly violated Section 73.1740 of the Rules, by leaving the Station silent without the proper authorization. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of
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- management or staff presence, an incomplete public inspection file, lack of operational Emergency Alert System (``EAS'') equipment, lack of monthly EAS tests, no personnel or remote control equipment to control the transmitter, failure to post the license, failure to designate a chief operator, and failure to have equipment performance measurements available. See 47 C.F.R. §§ 11.35, 11.61, 73.1125, 73.1230, 73.1300, 73.1350(b), (h), and (i), 73.1400, 73.1590, 73.1870 and 73.3527. See LOI at 2-3 and Ex. B. Response at 5. Id. at 4. See LOI, Ex. B. The only defense asserted by GLBC and GLBA in their Response is to claim that their pattern of constructing quasi-translators (if that) instead of the full-service NCE-FM stations authorized in their construction permits constitutes ``compliance''
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- 9, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find John L. White (``Licensee''), licensee of Station KOLJ(AM), Quanah, Texas (``Station''), apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for his apparent willful and repeated violations of Section 301 of the Act and Sections 73.1350 and 73.1745 of the Rules, and his apparent willful violation 73.1690 of the Rules. The apparent violations involve Licensee's unauthorized operation of the Station at a variance from his license without first filing for and obtaining Commission approval for the modification of the Station's facilities. BACKGROUND On June 5, 2008, the Station went silent due to severe storms that caused
- http://www.fcc.gov/fcc-bin/audio/DA-09-2627A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2627A1.pdf
- be mutually exclusive with an applicant's currently licensed facilities. For the reasons set forth below, we deny the Petition and the waiver request. We also find AERS apparently liable for forfeiture in the amount of ten thousand dollars ($10,000) for its apparent willful and repeated violations of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 73.1350(a) of the Rules for operating KWMD(FM) at variance from its license. BACKGROUND Station History and STAs. On July 26, 2000, AERS received a construction permit (``CP'') to construct a new noncommercial educational FM station at Kasilof. The Commission granted a license to cover these facilities on October 20, 2003. Soon after the license to cover was granted, a conflict with
- http://www.fcc.gov/fcc-bin/audio/DA-10-842A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-842A1.pdf
- its license due to: ``(1) inadvertent human error, and (2) circumstances beyond Simmons' control.'' Simmons-Austin also denied the existence, of any ``corporate directive'' not to reduce KSLG(AM)'s power at sunset, as specified in the station's license. On June 20, 2007, the Enforcement Bureau released an order adopting a Consent Decree with Simmons-Austin (``Consent Decree'') wherein it admitted to violating Sections 73.1350 and 73.1745; agreed to make a twenty-five thousand dollar voluntary contribution to the United States Treasury; and agreed to implement a specified internal program, for a minimum of two years from the Consent Decree's effective date, to ensure compliance with the Commission's rules and regulations. On September 17, 2009, Simmons-Austin and M&M filed the Applications. On October 22, 2009, O'Neal,
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- licensee cannot be relied upon to operate [the stations] in the future in accordance with the requirements of its licenses and the Commission's Rules." Id. at 200. See South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the Station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the Station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern
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- No. 54768 NAL/Acct. No. MB200741410375 FRN: 0006947618 File No. BR-20050928ADD FORFEITURE ORDER Adopted: April 19, 2012 Released: April 20, 2012 By the Chief, Media Bureau: INTRODUCTION In this Forfeiture Order, the Media Bureau (``Bureau'') issues a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) 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
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- Entertainment, LLC, 27 FCC Rcd 1392 (MB 2012) (one-year renewal granted based on licensee's willful and repeated violation of the Commission's radiofrequency radiation exposure guidelines at two stations); South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern
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- DA 12-167, 27 FCC Rcd 1392 (MB 2012) (one-year renewal granted based on Licensee's willful and repeated violations of the Commission's radiofrequency radiation exposure guidelines at two stations); South Seas Broadcasting, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 C.F.R § 73.1350 by engaging in operation of the station at an unauthorized site and willfully and repeatedly violating 47 C.F.R § 73.1740 by leaving the station silent without the proper authorization); Enid Public Radio Association, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 9138, 9144 (MB 2010) (six-year renewal granted, NAL issued, after finding a pattern
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- to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), and Section 1.80 of the Commission's Rules (``the Rules'') the Enforcement Bureau ("EB") found Arnold liable for a monetary forfeiture in the amount of $14,000 for willful violation of the following sections of the Rules: 11.35 (failure to install and maintain operable Emergency Alert System (``EAS'') equipment), 73.1350 (failure to have a transmitter control system in place which would allow the transmitter to be shut down within three minutes of an event requiring shut down), 73.1820 (failure to make required entries into the station log), and 73.1870 (failure to designate and post the designation of a chief operator for the station). For the reasons discussed below, we reduce
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Amendment of Sections 73.62 and 73.1350 of the Commission's Rules ) ) ) ) ) MB Docket No. 03-151 NOTICE OF PROPOSED RULEMAKING Adopted: July 1, 2003 Released: July 7, 2003 Comments Date: August 29, 2003 Reply Comments Date: September 18, 2003 By the Commission: INTRODUCTION We issue this Notice of Proposed Rulemaking (``Notice'') to resolve an apparent conflict between Sections 73.62 and 73.1350(d)(2) of the
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- its tower coordinates. We also on our own motion, in light of the unique circumstances of this case, grant a waiver of Section 73.3598(e) of the Commission's rules to prevent forfeiture of the construction permit. In addition, we issue a Notice of Apparent Liability to KM for operating KWKM at variance from its authorized geographic coordinates in violation of Section 73.1350(a) of the Commission's rules. Background. On July 13, 2000, over the objections of CMA, the staff granted a modification application authorizing KM to construct at a mountain top site on a private parcel of land known as Brown Ranch (the ``2000 Permit''). KWKM's 2000 Permit was valid through December 21, 2000. As indicated above, on December 6, 2000, KM filed
- http://www.fcc.gov/fcc-bin/audio/FCC-07-97A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-97A1.pdf
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Sections 73.62 and 73.1350 of the Commission's Rules ) ) ) ) ) MB Docket No. 03-151 REPORT AND ORDER Adopted: May 22, 2007 Released: May 25, 2007 By the Commission: INTRoDUCTION We issue this Report and Order (``Order'') to resolve a conflict between the requirements of Sections 73.62 and 73.1350(d)(2) of the Commission's rules regarding what corrective actions an AM broadcast station licensee
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- and tower lighting status should be monitored at a minimum. Determining proper (daytime/nighttime) mode changes at directional AM stations also was suggested, as were readings (such as antenna relative phases and amplitudes) necessary to ensure proper antenna operation. The question was raised as to whether transmitter frequency should be included in the list of important operating parameters. Amendments to Sections 73.1350 and 73.1580 were proposed to state which parameters should be monitored and how the monitoring equipment should be calibrated and maintained. The commenters addressing these issues unanimously expressed the belief that monitoring transmitter frequency was unnecessary. Some commenters argued that station modulation need not be constantly monitored. The Commission was urged to exempt all types of broadcast auxiliary stations (FM
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- control point (also called transmission system control point) must be sent to the Audio Division, Mail Stop 1800B2, FCC, Washington, D.C. 20554 within 3 days of the initial use of that point. Notification is not required if personnel can be contacted at the main studio site or at the transmitter site during all hours of operation. See [146]47 CFR Section 73.1350(g) and Question 8 of [147]Unattended Operation of Radio and Television Broadcast Stations. [148]Renewal of License Applications for Radio Broadcast Stations -- All radio broadcast station licenses will expire between 2011 and 2014. Licensees must file a license renewal application (FCC Form 303-S) and the Broadcast Equal Employment Opportunity Program Statement (FCC Form 396) four months before the expiration date of
- http://www.fcc.gov/mb/audio/bickel/amfmrule.html
- indicating instruments. [476]TEXT [477]PDF 73.1216 Licensee-conducted contests. [478]TEXT [479]PDF 73.1217 Broadcast hoaxes. [480]TEXT [481]PDF 73.1225 Station inspections by FCC. [ [482]Inspection Fact Sheet ] [483]TEXT [484]PDF 73.1226 Availability to FCC of station logs and records. [485]TEXT [486]PDF 73.1230 Posting of station license. [487]TEXT [488]PDF 73.1250 Broadcasting emergency information. [489]TEXT [490]PDF 73.1300 Unattended station operation. [ [491]Unattended Operation ] [492]TEXT [493]PDF 73.1350 Transmission system operation. [494]TEXT [495]PDF 73.1400 Transmission system monitoring and control. [ [496]Unattended Operation ] [497]TEXT [498]PDF 73.1510 Experimental authorizations. [499]TEXT [500]PDF 73.1515 Special field test authorizations. [501]TEXT [502]PDF 73.1520 Operation for tests and maintenance. [503]TEXT [504]PDF 73.1530 Portable test stations [Definition]. [505]TEXT [506]PDF 73.1540 Carrier frequency measurements. [507]TEXT [508]PDF 73.1545 Carrier frequency departure tolerances. [509]TEXT [510]PDF 73.1560 Operating power
- http://www.fcc.gov/mb/audio/decdoc/engrser.html
- of Part 73 of the Commission's Rules to Permit the Introduction of Digital Audio Broadcasting in the the AM and FM Broadcasting Services [USADR Petition] Petition for Rulemaking, RM-9395, filed October 7, 1998 [ [375]PDF ]. NOTE: This document initiated MM Docket 99-325. [376]Next subject [377]Previous subject Directional Antennas AM Directional Antennas July 7, 2003 Amendment of Sections 73.62 and 73.1350 of the Ciommission's Rules [for AM directional broadcast stations] NPRM, MB Docket 03-151, FCC 03-160, released July 7, 2003 [ [378]PDF | [379]Word ]. NOTE: Consideration of procedures when AM directional stations cannot be maintained within tolerances. Comments due by August 29, 2003, reply comments due September 18. 2003. March 7, 2001 An inquiry into the Commission's Policy and Rules
- http://www.fcc.gov/mb/audio/fm.html
- control point (also called transmission system control point) must be sent to the Audio Division, Mail Stop 1800B2, FCC, Washington, D.C. 20554 within 3 days of the initial use of that point. Notification is not required if personnel can be contacted at the main studio site or at the transmitter site during all hours of operation. See [163]47 CFR Section 73.1350(g) and Question 8 of [164]Unattended Operation of Radio and Television Broadcast Stations. [165]Renewal of License Applications for Radio Broadcast Stations -- All radio broadcast station licenses will expire between 2003 and 2006. Licensees will need to file a renewal application for the next license term. This page provides information about the radio broadcast license renewal process. Rules and Regulations from
- http://www.fcc.gov/mb/audio/includes/30-engrser.htm
- of Part 73 of the Commission's Rules to Permit the Introduction of Digital Audio Broadcasting in the the AM and FM Broadcasting Services [USADR Petition] Petition for Rulemaking, RM-9395, filed October 7, 1998 [ [329]PDF ]. NOTE: This document initiated MM Docket 99-325. [330]Next subject [331]Previous subject Directional Antennas AM Directional Antennas July 7, 2003 Amendment of Sections 73.62 and 73.1350 of the Ciommission's Rules [for AM directional broadcast stations] NPRM, MB Docket 03-151, FCC 03-160, released July 7, 2003 [ [332]PDF | [333]Word ]. NOTE: Consideration of procedures when AM directional stations cannot be maintained within tolerances. Comments due by August 29, 2003, reply comments due September 18. 2003. March 7, 2001 An inquiry into the Commission's Policy and Rules
- http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
- indicating instruments. [429]TEXT [430]PDF 73.1216 Licensee-conducted contests. [431]TEXT [432]PDF 73.1217 Broadcast hoaxes. [433]TEXT [434]PDF 73.1225 Station inspections by FCC. [ [435]Inspection Fact Sheet ] [436]TEXT [437]PDF 73.1226 Availability to FCC of station logs and records. [438]TEXT [439]PDF 73.1230 Posting of station license. [440]TEXT [441]PDF 73.1250 Broadcasting emergency information. [442]TEXT [443]PDF 73.1300 Unattended station operation. [ [444]Unattended Operation ] [445]TEXT [446]PDF 73.1350 Transmission system operation. [447]TEXT [448]PDF 73.1400 Transmission system monitoring and control. [ [449]Unattended Operation ] [450]TEXT [451]PDF 73.1510 Experimental authorizations. [452]TEXT [453]PDF 73.1515 Special field test authorizations. [454]TEXT [455]PDF 73.1520 Operation for tests and maintenance. [456]TEXT [457]PDF 73.1530 Portable test stations [Definition]. [458]TEXT [459]PDF 73.1540 Carrier frequency measurements. [460]TEXT [461]PDF 73.1545 Carrier frequency departure tolerances. [462]TEXT [463]PDF 73.1560 Operating power
- http://www.fcc.gov/mb/audio/ssi/audio_pub.htm
- [ [1736]PDF | [1737]Word ]. Petition for reconsideration filed by Mount Pisgah was denied. June 8, 2007 Union County Broadcasting Co., for renewal of licenses for WMSK (AM) and WEZG, Morganfield, KY, Letter, DA 07-2382, released June 8, 2007. [ [1738]PDF | [1739]Word ]. Petitions to deny were dismissed, renewal applications granted. May 25, 2007 Amendment of Sections 73.62 and 73.1350 of the Commission's Rules , Report and Order (R&O), [1740]MB Docket 03-151, FCC 07-97, released May 25, 2007. [ [1741]PDF | [1742]Word ]. Resolved a conflict between these two rule sections regarding what corrective actions must be taken by an AM directional broadcast station when improper operation occurs. May 18, 2007 Faith Baptist Church, Inc., for renewal of license for
- http://www.fcc.gov/ocbo/complianceguides.html
- * DA 08-1310: Media Ownership Compliance Guide [149]Guide * DA 08-1309: Creation of a Low Power Radio Service [150]Guide * DA 08-1308: In The Matter Of Implementation Of Section 621(a)(1) Of The Cable Communications Policy Act Of 1984 As Amended By The Cable Television Consumer Protection And Competition Act Of 1992 [151]Guide * DA 08-1307: Amendment Of Sections 73.62 And 73.1350 Of The Commission's Rules Regarding AM Directional Antennas [152]Guide * DA 08-1306: Diversity in Broadcast Licensing [153]Guide * DA 08-1301: Next Generation Emergency Alert System Regulations [154]Guide * DA-08-1108: Service Rules for the 698-806 MHz Band Revision of the Commission's Rules Concerning Public Safety Spectrum Requirements Declaratory Ruling on Reporting Requirements under the Commission's Anti-Collusion Rule [155]Guide * DA 08-1107A1:
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- * DA 08-1310: Media Ownership Compliance Guide [149]Guide * DA 08-1309: Creation of a Low Power Radio Service [150]Guide * DA 08-1308: In The Matter Of Implementation Of Section 621(a)(1) Of The Cable Communications Policy Act Of 1984 As Amended By The Cable Television Consumer Protection And Competition Act Of 1992 [151]Guide * DA 08-1307: Amendment Of Sections 73.62 And 73.1350 Of The Commission's Rules Regarding AM Directional Antennas [152]Guide * DA 08-1306: Diversity in Broadcast Licensing [153]Guide * DA 08-1301: Next Generation Emergency Alert System Regulations [154]Guide * DA-08-1108: Service Rules for the 698-806 MHz Band Revision of the Commission's Rules Concerning Public Safety Spectrum Requirements Declaratory Ruling on Reporting Requirements under the Commission's Anti-Collusion Rule [155]Guide * DA 08-1107A1:
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- * DA 08-1310: Media Ownership Compliance Guide [149]Guide * DA 08-1309: Creation of a Low Power Radio Service [150]Guide * DA 08-1308: In The Matter Of Implementation Of Section 621(a)(1) Of The Cable Communications Policy Act Of 1984 As Amended By The Cable Television Consumer Protection And Competition Act Of 1992 [151]Guide * DA 08-1307: Amendment Of Sections 73.62 And 73.1350 Of The Commission's Rules Regarding AM Directional Antennas [152]Guide * DA 08-1306: Diversity in Broadcast Licensing [153]Guide * DA 08-1301: Next Generation Emergency Alert System Regulations [154]Guide * DA-08-1108: Service Rules for the 698-806 MHz Band Revision of the Commission's Rules Concerning Public Safety Spectrum Requirements Declaratory Ruling on Reporting Requirements under the Commission's Anti-Collusion Rule [155]Guide * DA 08-1107A1:
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- * DA 08-1310: Media Ownership Compliance Guide [149]Guide * DA 08-1309: Creation of a Low Power Radio Service [150]Guide * DA 08-1308: In The Matter Of Implementation Of Section 621(a)(1) Of The Cable Communications Policy Act Of 1984 As Amended By The Cable Television Consumer Protection And Competition Act Of 1992 [151]Guide * DA 08-1307: Amendment Of Sections 73.62 And 73.1350 Of The Commission's Rules Regarding AM Directional Antennas [152]Guide * DA 08-1306: Diversity in Broadcast Licensing [153]Guide * DA 08-1301: Next Generation Emergency Alert System Regulations [154]Guide * DA-08-1108: Service Rules for the 698-806 MHz Band Revision of the Commission's Rules Concerning Public Safety Spectrum Requirements Declaratory Ruling on Reporting Requirements under the Commission's Anti-Collusion Rule [155]Guide * DA 08-1107A1:
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- * DA 08-1310: Media Ownership Compliance Guide [149]Guide * DA 08-1309: Creation of a Low Power Radio Service [150]Guide * DA 08-1308: In The Matter Of Implementation Of Section 621(a)(1) Of The Cable Communications Policy Act Of 1984 As Amended By The Cable Television Consumer Protection And Competition Act Of 1992 [151]Guide * DA 08-1307: Amendment Of Sections 73.62 And 73.1350 Of The Commission's Rules Regarding AM Directional Antennas [152]Guide * DA 08-1306: Diversity in Broadcast Licensing [153]Guide * DA 08-1301: Next Generation Emergency Alert System Regulations [154]Guide * DA-08-1108: Service Rules for the 698-806 MHz Band Revision of the Commission's Rules Concerning Public Safety Spectrum Requirements Declaratory Ruling on Reporting Requirements under the Commission's Anti-Collusion Rule [155]Guide * DA 08-1107A1:
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- * DA 08-1310: Media Ownership Compliance Guide [149]Guide * DA 08-1309: Creation of a Low Power Radio Service [150]Guide * DA 08-1308: In The Matter Of Implementation Of Section 621(a)(1) Of The Cable Communications Policy Act Of 1984 As Amended By The Cable Television Consumer Protection And Competition Act Of 1992 [151]Guide * DA 08-1307: Amendment Of Sections 73.62 And 73.1350 Of The Commission's Rules Regarding AM Directional Antennas [152]Guide * DA 08-1306: Diversity in Broadcast Licensing [153]Guide * DA 08-1301: Next Generation Emergency Alert System Regulations [154]Guide * DA-08-1108: Service Rules for the 698-806 MHz Band Revision of the Commission's Rules Concerning Public Safety Spectrum Requirements Declaratory Ruling on Reporting Requirements under the Commission's Anti-Collusion Rule [155]Guide * DA 08-1107A1:
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