FCC Web Documents citing 73.1560
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- June 11, 2007 Released: June 13, 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 Gold Coast Radio, LLC ("Gold Coast''), licensee of station KMLA, an FM broadcast station serving El Rio, California, for repeatedly violating Section 73.1560(b) of the Commission's Rules (Rules). On December 22, 2006, the Enforcement Bureau's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Gold Coast for repeatedly operating its transmitter at a power level exceeding 105% of that authorized by its license. In this Order, we consider Gold Coast's arguments that an admonishment,
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- 7, 2007, the Kansas City Office issued to 127 another Notice of Apparent Liability for Forfeiture proposing a forfeiture in the amount of $8,000 for the apparent willful and repeated violation of Section 73.1745(a) of the Rules. On March 21, 2007, the Kansas City Office issued to 127 a Notice of Violation for violations of Sections 11.35(a), 73.1125(d)(1), 73.1201(a)(2), 73.44(b), 73.1560, and 73.3615(a) of the Rules. 127 and the Bureau acknowledge that any proceeding that might result from the Investigation will require the significant expenditure of public and private resources. To conserve such resources and to promote compliance by 127 with the Act and the Rules, 127 and the Bureau hereby enter into this Consent Decree in consideration of the mutual
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- Adopted: October 24, 2008 Released: October 28, 2008 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800) to Viva Communications Group, LLC (``Viva''), licensee of AM radio station WSDE, Cobleskill, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to sign off at local sunset time, failing to maintain daytime operating power at more than 90% of the authorized power, and failing to maintain a complete public inspection file. On December 20, 2007, the Buffalo Field Office issued a Notice
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- 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 Mr.
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- U.S.C. 503(b)(2)(E). (stating that the Commission will generally reduce the assessed forfeiture amount ``based on the good faith corrective efforts of a violator when those actions were taken prior to Commission notification of the violation''). See e.g., Cayuga County Community College, Forfeiture Order, 2009 WL 1856467 (EB 2009). 47 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. 504(a). Federal Communications Commission DA 09-1989 Federal Communications Commission DA 09-1989 < D I " L E
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- use professional radio direction-finding equipment. Agents are specially trained on how to confirm accurate radio bearings on signal sources in congested areas. In this case, the accuracy of the results is further supported by the fact that the same signal source was identified multiple times. Ȅ 47 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. 504(a). Federal Communications Commission DA 09-2239 Federal Communications Commission DA 09-2239 " 0
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- Commission regulates are expected to promptly take corrective action when violations are brought to their attention). See also, Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994)(corrective action taken to comply with the Rules is expected, and does not mitigate any prior forfeitures or violations). See NAL at para. 17. 47 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. 504(a). Federal Communications Commission DA 11-1233 Federal Communications Commission DA 11-1233 & 0
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- both audio quality and licensed coverage areas. Such technologies, known generally as Modulation Dependent Carrier Level ("MDCL") control technologies or algorithms, have long been used by international broadcasters operating high-powered AM transmitters. Easier implementation of MDCL algorithms and higher energy costs have recently made these techniques more attractive to domestic broadcasters. Use of MDCL technologies requires a waiver of Section 73.1560(a) of the Commission's Rules,1which sets upper and lower limits for an AM station's operating power. We hereby establish procedures for AM broadcasters to seek a rule waiver in order to use energy-saving MDCL technologies. Transmitter manufacturers have developed different techniques to reduce carrier power as the audio content varies. During the 1980s, several European broadcasting and manufacturing concerns developed algorithms
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- Apparent Liability for Forfeiture (``NAL''), we find that Frandsen Media Company, LLC (``Frandsen''), licensee of FM broadcast station KGNT in Smithfield, Utah, 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 limits applicable to facilities, operations, or transmitters, and apparently willfully and repeatedly violated section 73.1560(b) of the Rules by operating its transmitter at a power level not authorized by its license. We conclude that Frandsen is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). BACKGROUND On April 14, 2010, agents from the Enforcement Bureau's Denver Office conducted an inspection at the Station KGNT transmitter site on Round Hill, between Hyde
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- 303(q) of the Communications Act of 1934, as amended (Act), by failing (with respect to both of its stations) to: maintain operational emergency alert system (EAS) equipment; exhibit required obstruction lighting on the Tower; and maintain and make available a complete public inspection file. Furthermore, specifically with respect to Station KQMG-FM, we find that KM Radio apparently willfully violated Section 73.1560(b) of the Rules by operating Station KQMG-FM with more than authorized transmitter output power. After adjusting the possible forfeiture based on the Licensee's limited financial resources, we conclude that KM Radio is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). In addition, no later than thirty (30) calendar days from the date of this NAL,
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- Radio of Independence, LLC (KM Radio), licensee of Stations KQMG and KQMG-FM, in Independence, Iowa, and owner of antenna structure number 1053693 also located in Independence, Iowa, for willful and repeated violation of Sections 11.35, 17.51, and 73.3526 of the Commission's rules (Rules), and Section 303(q) of the Communications Act of 1934, as amended (Act) and willful violation of Section 73.1560(b) of the Rules. The noted violations involved failing to: maintain operational emergency alert system (EAS) equipment; exhibit required obstruction lighting on the Tower; maintain and make available a complete public inspection file; and operate with authorized transmitter output power. 2. On February 7, 2012, the Enforcement Bureau's Kansas City Office (Kansas City Office) issued a Notice of Apparent Liability for
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- systems, digital cable systems and wireless cable systems may transmit the names of the communities they serve during an EAS activation. State and Local Area identifications must be given as provided in State and Local Area EAS Plans. (2) Analog and digital broadcast stations, except those holding an EAS Non-participating National Authorization letter, are exempt from complying with 73.62 and 73.1560 of this chapter (operating power maintenance) while operating under this part. (3) The time of receipt of the EAN shall be entered by analog and digital broadcast stations in their logs (as specified in 73.1820 and 73.1840 of this chapter), by analog and digital cable systems in their records (as specified in 76.1711 of this chapter), by subject wireless cable
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- such consequence as to require specification in the rules. 23. The intended effect of proposed Section 73.1350(c)(2) seems to have been misunderstood by the commenters. It was intended merely as a clarification of long-standing policy and not as a change in measurement procedure or as an effective change in operating tolerances. An example should suffice to illustrate the objective. Section 73.1560 requires that a station's power be maintained as near as practicable to the authorized value and may not be less than 90% nor more than 105% of the authorized value for AM and FM stations. Thus, for an AM station authorized 1.000 watts, the maximum permissible output power is 1.050 watts, which is the absolute limit. The proposed rule merely
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- Virginia ) FORFEITURE ORDER Adopted: July 5, 2000 Released: July 6, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Culpeper Broadcasting Corporation (``Culpeper''), licensee of AM station WCVA, Culpeper, Virginia, for willful violation of the provisions of Sections 73.49 and 73.1560(a) of the Commission's Rules (``the Rules''). The noted violations involve Culpeper's failure to maintain an effective locked fence around the base of the WCVA antenna, and failure to maintain transmitter power between 90% and 105% of that authorized for WCVA. 2. On February 7, 2000, the Enforcement Bureau's Columbia, Maryland Field Office, issued a Notice of Apparent Liability for Forfeiture
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- Station License), 73.1590 (Equipment Performance Measurements) 73.1820(Station Log), and 73.3526 (Local Public Inspection File of Commercial Stations). Atlanta, GA District Office (9/7/00). Quetzal Bilingual Communications, Inc., AM Radio Station, KURS, San Diego, CA. Other violation 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (9/8/00). KRFE Radio, Inc., KRFE(AM), Lubbock, TX. Other violations: 47 C.F.R. 73.1560(Operating Power and Mode Tolerances), 73.1745(Unauthorized Operation), 73.1870(Chief Operators), 73.3526(Local Public Inspection File for Commercial Stations) and Terms of Station Authorization. Dallas, TX District Office (9/11/00). James K. Sharp d.b.a. 5th Ave. Broadcasting, Huntsville, AL. Other violations: 47 C.F.R. 73.51 (Determining Operating Power), 73.158 (Directional Antenna Monitoring Points), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1680 (Emergency Antennas),
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- Operation), 73.1590 (Equipment Performance Measurements), 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). Williams Communications, Inc., Birmingham, AL. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.267 (Determining Operating Power), 73.1226 (Availability to FCC of Station Logs and Records), 73.1560 Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), and 73.3526 (Local Public Inspection File for Commercial Broadcast Stations). Kansas City, MO District Office (10/10/00). AT&T Broadband, Pittsburgh, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), and 76.305(b) (Location of Records). Philadelphia, PA District Office (10/11/00). Mortenson Broadcasting, Lexington, KY, WPGR. Other violatios:
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- 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 Attention Signal Monitoring Requirements),
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- April 7, 1999, by Buchanan Broadcasting Company, Inc. (``Buchanan''), licensee of Station WJNT(AM), Jackson, Mississippi. Buchanan seeks reconsideration of the Forfeiture Order released March 22, 1999, in which the Director, Legal Services Group, of the former Compliance and Information Bureau (``CIB'') found it liable for a monetary forfeiture in the amount of $10,000 for willful and/or repeated violations of Sections 73.1560(a)(1), 73.1745(a) and 73.49 of the Commission's Rules (``the Rules''), 47 C.F.R. 73.1560(a)(1), 73.1745(a) and 73.49, and the terms of Station WJNT's authorization. For the reasons discussed below, we will grant the petition in part and reduce the monetary forfeiture amount to $9,000. BACKGROUND 2. In response to a complaint about Station WJNT's operations, on March 17 and 18, 1998,
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- - EAS Operating Handbook The Board of Education, West Bloomfield School District, Orchard Lake, MI, WBLD-FM (West Bloomfield, MI). 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), 11.62 (Closed Circuit Tests of National Legal EAS Facilities), 73.1350 (Transmission System Operation), 73.1400 Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1660 (Acceptability of Broadcast Transmitters), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3527 (Local Public Inspection File for Noncommercial Stations). Detroit, MI District Office (3/9/01). Entravision Holdings, LLC, KBNT-LP San Diego, CA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements) and
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- 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. 1230 (Posting of Station
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- EAS coding/decoding equipment was inoperable. There were no entries in the station logs indicating when the EAS equipment became inoperable. (b) The antenna structure did not provide good visibility to aircraft because of rust and the extremely faded condition of the paint. (c) KYOO had not established monitoring procedures and schedules sufficient to determine compliance with the requirements of Section 73.1560 of the Rules regarding operating power. (d) KYOO was not maintaining its station logs as required by Section 73.1820 of the Rules. 4. In its response to the NAL, KYOO does not contest the violations alleged in the NAL but seeks mitigation of the proposed $22,000 forfeiture on the basis of its inability to pay that amount. Specifically, KYOO argues
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- 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. 11.35 - Equipment Operational Readiness Corry Communications Corp, WEYZ, Northeast, PA. Other violations: 47 C.F.R. 73.1230 (Posting of Station License), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Buffalo, NY Resident Agent Office (4/4/01). Las Vegas Broadcasters, Inc., (KKVV, Las Vegas, NV), West Palm Beach, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.189 (Minimum Antenna Heights or Field Strength Requirements), 73.1350 (Transmission System Operation), 73.1560 (Operating Power
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- 73.3526 (Local Public Inspection File for Commercial Stations). Anchorage, AK Resident Agent Office (5/1/01). Lindsay Broadcasting, Garden Grove, CA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspections by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station License), 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). San Francisco, CA District Office (5/4/01). Rogers Communications, Inc., Cartersville, GA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1590 (Equipment Performance Measurements), 73.1820 (Station
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- 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 WBOT may have been in violation of the main studio rule.
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- (Cleaning and Repainting). Atlanta, GA District Office (7/3/01) CSN International, Gillette, WY, (KLWD-FM, Facility ID #84184). Denver, CO District Office (7/31/01). 47 C.F.R. 11.35 - Equipment Operation Readiness Marion R. Williams, WSTT(AM), Thomasville, GA. Other violations: 47 C.F.R. 73.44 (AM Transmission System Emissions Limitations), 73.49 (AM Transmission System Fencing Requirements), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments) and 73.1560 (Operating Power and Mode Tolerances).. Atlanta, GA District Offices (7/3/01). Champlain Radio, Inc., Champlain, NY. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.44 (AM Transmission System Emissions Limitations) and 73.1560 (Operating Power and Mode Tolerances). Buffalo, NY Resident Agent Office (7/17/01). Jamie Patrick Broadcasting, Ltd., KTRY-FM, Bastrop, LA. Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration),
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- 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 Required Robert E. Parnell, WNYZ570, Columbia, SC. Other violation: 47 C.F.R. 90.427 (Precautions Against Unauthorized Operation). Atlanta, GA District Office (8/16/01). Statcom Communications
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- Office (9/28/01). 47 C.F.R. 11.35 Equipment Operational Readiness EBC, Inc., McCook, KS. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.56 (Maintenance of Lighting Equipment), 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/12/01). Promo Radio Corp., KMPG(AM), Hollister, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 73.1215 (Specifications for Indicating Instruments), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief
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- OR Resident Agent Office (10/12/01). SpectraSite Communications, Inc., Cary, NC. (ASR # 1225030) Portland, OR Resident Agent Office (10/22/01). 47 C.F.R. 17.57 Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal St. Thomas More Broadcasting Assoc. WHHQ, Elizabethton, TN. Atlanta, GA District Office (10/4/01). 7 47 C.F.R. Part 73 Radio Broadcast Services 47 C.F.R. 73.1560 -- Operating Power and Mode Tolerances Promo Radio Corp., KMPG(AM), Holliser, CA. Other violation: 47 C.F.R. 73.1590 (Equipment Performance Measurements). San Francisco, CA District Office (10/3/01). 47 C.F.R. 73.1870 (Chief Operator) Gold Coast Broadcasting Company, KCAQ(FM), Oxnard, CA. Los Angeles, CA District Office (10/1/01). 47 C.F.R. Part 76 Multichannel Video and Cable Television Service 47
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- (ASR #1210984). Portland, OR Resident Agent Office (10/12/01). SpectraSite Communications, Inc., Cary, NC. (ASR # 1225030) Portland, OR Resident Agent Office (10/22/01). 47 C.F.R. 17.57 - Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal St. Thomas More Broadcasting Assoc. WHHQ, Elizabethton, TN. Atlanta, GA District Office (10/4/01). 47 C.F.R. Part 73 - Radio Broadcast Services 47 C.F.R. 73.1560 -- Operating Power and Mode Tolerances Promo Radio Corp., KMPG(AM), Holliser, CA. Other violation: 47 C.F.R. 73.1590 (Equipment Performance Measurements). San Francisco, CA District Office (10/3/01). 47 C.F.R. 73.1870 (Chief Operator) Gold Coast Broadcasting Company, KCAQ(FM), Oxnard, CA. Los Angeles, CA District Office (10/1/01). 47 C.F.R. Part 76 - Multichannel Video and Cable Television Service 47 C.F.R.
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- 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 of Station License), 73.1350
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- and 73.1230 (Posting of Station License). Atlanta, GA District Office (2/26/01). 47 C.F.R. 11.35 - Equipment Operational Readiness WADV Radio, Inc, Birdsboro, PA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Numbers), 73.51 (Determining Operating Power), 73.1201 (Station Identification), 73.1350 Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations), Philadelphia, PA District Office (2/12/01). AT&T Broadband, Kalispell, Montana. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 76.305 (Records to be Maintained Locally by Cable System Operators for Public Inspection). Seattle, WA District Office (2/13/01). AT&T Broadband,
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- January 2, 2002 Released: January 4, 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 dollars ($8,000) to Palouse Country, Inc. (``Palouse''), licensee of Station KMAX(AM), for willful violation of the following Sections of the Commission's Rules ("Rules"): 73.1400(a)(1)(ii) (operating KMAX(AM) without required monitors); 73.1560(a) (failure to operate in compliance with the station license regarding power); 73.1580 (failure to perform periodic complete inspections of the transmitting system); and 73.1870(c)(3) (failure to provide verification that the station has been operating as required by the Rules or the station authorization by making appropriate entries into the station log). II. BACKGROUND 2. On January 12, 2001, the FCC's
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- Identification). New York, NY District Office (4/24/02). Yardley Makefield Fire Co., Yardley, PA. Philadelphia, PA District Office (4/25/02). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. 11.15 - EAS Operating Handbook Monroe County Board of Education, WHFI, Lindside, WV. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (4/2/02). Miracle Radio, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 17.4(g) (Posting of Antenna Structure Registration Number). Tampa, FL District Office (4/10/02). Vernon Watson, Pensacola, FL. Other violations: 47 C.F.R. 11.61
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- 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 Television Service 47 C.F.R. 76.605 - Technical Standards Comcast Cablevision of Nashville, LLC. $8,000 NAL. Other violation: 47 C.F.R. 76.611 (Cable Television Basic Signal Leakage Performance Criteria). Atlanta, GA District
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- Atlanta, GA District Office (6/27/02). 47 C.F.R. 73.49 - AM Transmission System Fencing Requirements o Wilson Broadcasting Co., Inc., licensee of Radio Station WAGF(AM), Dothan, Alabama. $7,000 NAL. Atlanta, GA District Office (6/10/02). o King Broadcasting Company, KBIM(AM), Roswell, NM. $21,000 NAL. Other violations: 47 C.F.R. 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control) and 73.1560 (Operating Power and Mode Tolerances). Denver, CO District Office (6/14/02). o Anastos Media Group, Saratoga Springs, NY. $7,000 NAL. Buffalo, NY Resident Agent Office (6/21/02). 47 C.F.R. 73.51 Determining Operating Power o J4 Broadcasting of Cincinnati, Inc., Cincinnati, OH. $5,000 NAL. Other violation: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances). Detroit, MI District Office (6/20/02).
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- Records), 73.1230 (Posting of Station Licenses) and 73.1870 (Chief Operator). San Francisco, CA District Office (12/17/01). 47 C.F.R. 11.35 - Equipment Operational Readiness King Broadcasting Company, Roswell, NM, KBIM(AM) (Facility ID #34871). Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements), 73.158 (Directional Antenna Monitoring Points), 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System Inspections), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (12/18/01). King Broadcasting Company, Roswell, NM, KBIM-FM (Facility ID #34854). Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (12/28/01). Pilgrim Communications, Inc., Colorado Springs, CO (KWYD(AM), Facility
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- 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 that WBOT may have been in violation of the main studio
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- No. EB-01-DL-0813 NAL/Acct. No. 200232500003 FRN 0006-7721-56 FORFEITURE ORDER Adopted: September 9, 2002 Released: September 11, 2002 By the Chief, Enforcement Bureau: INTRODUCTON In this Forfeiture Order (``Order''),we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Tarrant Radio Broadcasting, Inc. (``Tarrant''), licensee of Station KZEE(AM) in Weatherford, Texas, for willful and repeated violation of Section 73.1560(a)(1) of the Commission's Rules (``Rules''). The noted violation involves Tarrant's operation of Station KZEE(AM) with an antenna input power at a level more than 105% of authorized power. On May 24, 2002, the Commission's Dallas, Texas Field Office (``Dallas Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of four thousand dollars ($4,000) to Tarrant for
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- $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, CA District Office (8/30/02). 47 C.F.R. 73.1745 - Unauthorized Operation Tri-County Broadcasting, Inc., Lynchburg, VA. $4,000 NAL. Norfolk, VA Resident Agent Office
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- 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 had assessed a forfeiture against Radio One for not maintaining a
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- Arrow Communications of N.Y., Inc., WPIG(FM), WDHL(AM), Williamsport, PA. $8,000 NAL. Buffalo, NY Resident Agent Office (11/7/02). Small Town Radio, Inc., WDGR(AM), Alpharetta, GA. $15,000 NAL. Other violation: 47 C.F.R. 73.49 (AM Transmission Fencing Requirement). Atlanta, GA District Office (11/13/02). Pilgrim Communications, Inc., KWYD(AM), Colorado Springs, CO. $19,000 NAL. Other violations: 47 C.F.R. 73.1125 (Station Main Studio Location), 73.1560 (Operating Power and Mode Tolerances) and 73.1745 (Unauthorized Operation). Denver, CO District Office (11/20/02). HBC License Corporation, licensee of Station KHOT-FM, Paradise Valley, Arizona and Station KHOV-FM, Wickenburg, Arizona. $ 8,000 NAL. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (11/29/02). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures
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- 11.52 - EAS Code and Attention Signal Monitoring Requirements Mega Communications, Silver Spring, MD. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (1/22/02). 47 C.F.R. 11.61 - Tests of EAS Procedures Quality Broadcasting Corp., Delray Beach, FL. Tampa, FL District Office (1/16/02). Morgan State College, WEAA, Baltimore, MD. Other violations: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (1/22/02). 47 C.F.R. Part 17 - Construction, Marking & Lighting of Antenna Structures 47 C.F.R. 17.4(a) - Antenna Structure Registration Truth Broadcasting Corp., Winston-Salem, NC. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting), 17.51 (Time When
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- Washington, DC, Attention: Audio Division (radio) or Video Division (television), Media Bureau, within 3 days of the initial use of that point. The letter should include a list of all control points in use, for clarity. This notification is not required if responsible station personnel can be contacted at the transmitter or studio site during hours of operation. ***** Section 73.1560 is amended by revising paragraph (d) to read as follows: 73.1560 Operating power and mode tolerances. ***** (d) Reduced power operation. In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate at reduced power for a period of not more than 30 days without specific authority from the FCC. If operation at
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- 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, PA. Other violations: 47 C.F.R. 17.17 (Existing Structures)
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- 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 Requirements). Philadelphia, PA District
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- C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. 11.35 - Equipment Operational Readiness Charles R. Meeker, KDPX-LP, Cathedral City, CA. $8,000 NAL. San Diego, CA District Office (1/31/03). M.J. Phillips Communications, Inc., WJJL, Niagara Falls, NY. $10,000 NAL. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 17.4(a) (Antenna Structure Registration) and 73.1560 (Operating Power and Mode Tolerances). Buffalo, NY Resident Agent Office (1/28/03). Pittman Broadcasting Services, L.L.C., KAOK(AM), KAOK-FM, Covington, Louisiana. $15,000 NAL. Other violation: 47 C.F.R. 73.49 (AM Transmission Fencing Requirements). New Orleans, LA District Office (2/14/03). Victory & Power Ministries, Inc., WPFC, Baton Rouge, Louisiana. $25,000 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission Fencing Requirements) and 73.3526
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- Suite 102 ) Phoenix, AZ 85004 ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to North American Broadcasting Company, Inc. (``North American''), licensee of Station KFNX(AM), Cave Creek, Arizona, for willful violation of Section 73.1560(a)(1) of the Commission's Rules (``Rules''). The noted violation involves North American's failure to reduce transmitter output power in accordance with its station authorization. 2. On August 30, 2002, the District Director of the Commission's San Diego, California Field Office (``San Diego Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to North American. North
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- not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (''Rules''), International Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 73.1560(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the Act.
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- 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 Forfeiture (``NAL'') to Clarke for a forfeiture in the amount of seven thousand dollars ($7,000). Clarke filed
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- Ohio ) FORFEITURE ORDER Adopted: February 4, 2003 Released: February 6, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to J4 Broadcasting of Cincinnati, Inc. (``J4 Broadcasting''), licensee of Station WCIN(AM), Cincinnati, Ohio, for willful and repeated violation of Sections 73.51(e)(2) and 73.1560(a)(1) of the Commission's Rules (``Rules''). The noted violations involve J4 Broadcasting's failure to maintain a record of the station's efficiency factor ``F'' used to determine operating power and operation of WCIN with power in excess of 105% of the authorized power. On June 20, 2002, the Commission's Detroit, Michigan Field Office (``Detroit Office'') issued a Notice of Apparent Liability for
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- 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 - Equipment
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- either. See KASA Radio Hogar, Inc., 17 FCC Rcd 6256 (2002) (quoting Emery Telephone, 13 FCC Rcd 23854, 23859-60 (1998), recon. denied, 15 FCC Rcd 7181 (1999)). On March 21, 2000, the Columbia Office issued an NOV to AFA for the following violations at WARN-FM: Sections 11.52(d) (failure to monitor two EAS sources), 11.61(b) (failure to log EAS tests received), 73.1560(b) (failure to maintain the transmitter output power between 90% and 105% of the authorized power), and 73.1870(c)(3) (failure to have the chief operator review the station logs at least once each week to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated
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- 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 exceeding nighttime power levels and operating with an improper mode of operation. 2. On June 28, 2002, the District Director of the Commission's Denver, Colorado Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $21,000 to Ramh. Ramh has not filed a response to the NAL. Based on the information
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- 73.1620 of the Commission's Rules from a site on Santa Catalina Island. However, on January 12, 2001, RPVB amended its license application to report that subsequent to the construction of the station's facilities, it learned that KXLA's antenna structure was not built as authorized in the construction permit. Moreover, on February 26, 2001, RPVB advised the Commission, pursuant to Section 73.1560(d) of the Rules, that on February 13, 2001, it reduced the station's transmitter output power below the required 80 percent level. This action was taken in order to reduce predicted radio frequency (RF) radiation in the vicinity of the station's transmitter. It reported that an FCC field engineer requested that the station reduce its output power, and although its engineering
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- Released: May 19, 2004 By the Chief, Enforcement Bureau: inTroduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KSKE in Vail, Colorado, for willful and repeated violation of Section 73.1125(a) of the Commission's Rules (``Rules''), and willful violation of Sections 73.1560(a) and 73.1745(a) of the Rules. The noted violations involve Pilgrim's failure to maintain a main studio for station KSKE, its failure to reduce KSKE's power at sunset to the nighttime level required by the station authorization and its exceeding KSKE's authorized nighttime power level. On November 20, 2002, the Commission's Denver, Colorado, Field Office (``Denver Office'') issued a Notice of
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- 0006-1472-19 ) FORFEITURE ORDER Adopted: May 17, 2004 Released: May 19, 2004 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nineteen thousand dollars ($19,000) to Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KWYD in Colorado Springs, Colorado, for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules ("Rules"). The noted violations involve Pilgrim's failure to have fully operational Emergency Alert System ("EAS") equipment, its failure to maintain the requisite main studio presence, its failure to reduce KWYD's power at sunset to the nighttime level required by the station authorization, its failure to increase KWYD's power at sunrise to the daytime level
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- 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 F
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- By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to M.J. Phillips Communications, Inc. (``M.J. Phillips''), licensee of AM Station WJJL, Niagara Falls, New York, for its willful and repeated violations of the power restriction, Emergency Alert System (``EAS'') and antenna structure requirements of Sections 73.1560(a)(1), 11.35(a), 11.52(d) and 17.4(a) of the Commission's Rules (``Rules''). background On September 17 and 18, 2002, the Commission's Buffalo, New York Office (``Buffalo Office'') conducted on-site inspections of Station WJJL. The inspections revealed that the station had been exceeding its authorized power limits by more than 105 percent, that its Emergency Alert System (``EAS'') equipment had not been fully operational,
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- is deficient because it differs from the evidence supporting the violation of that section in Beacon, we point out that each case should be examined on its own merits. See James R. Weaks, 48 FCC 2d 273 (ALJ 1974). AM stations must not operate with over 105% of authorized power no matter the mode of operation. See 47 C.F.R. 73.1560. This argument does apply to the readings (37 watts) recorded for the evenings of August 17 and 19, 2002. However, we need not address it for those dates because a Commission measurement (39 watts) establishes overpower operation on the evening of August 19, 2002, and it is unnecessary to establish an overpower violation on August 17, 2002. AM stations are
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- Opinion and Order (``Order''), we deny the February 25, 2003 petition for reconsideration filed by North American Broadcasting Co., Inc. (``North American''), licensee of KFNX(AM), Cave Creek, Arizona of the Forfeiture Order released on January 30, 2003. The Forfeiture Order imposed a monetary forfeiture in the amount of four thousand dollars ($4,000) against North American for willful violation of Section 73.1560(a)(1) of the Commission's Rules. The noted violation involves North American's failure to reduce transmitter output power as its station authorization requires. background On June 22 and 23, 2002, agents from the Commission's San Diego, California District Office (``District Office'') conducted AM broadcast field strength measurements of Station KFNX(AM) at various locations throughout the Phoenix, Arizona area at various times throughout
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- 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 maintain station logs 47 C.F.R. 73.1800, 73.1820, 73.1840 KFRA, KDDK Failure to maintain public file and make public file available 47 C.F.R. 73.3526 KFRA, KDDK TABLE II PAYMENT SCHEDULE Date Amount January 17, 2005 $5007 February 15, 2005 $1363 March 15, 2005 $1363 April
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- petition for reconsideration (``petition'') filed by Pilgrim Communications, Inc. (``Pilgrim''), licensee of Station KSKE(AM), Vail, Colorado. Pilgrim seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $11,000 for willful and repeated violation of Section 73.1125(a) of the Commission's Rules (``Rules'') and willful violation of Sections 73.1560(a) and 73.1745(a) of the Rules. II. BACKGROUND On November 20, 2002, the Commission's Denver, Colorado Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $11,000 to Pilgrim. The NAL was based on findings by the Denver Office that Pilgrim violated Section 73.1125(a) of the Rules by failing to maintain the requisite main
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- Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration (``petition'') filed by Pilgrim Communications, Inc. (``Pilgrim''), licensee of Station KWYD(AM), Colorado Springs, Colorado. Pilgrim seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $19,000 for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules (``Rules''). II. BACKGROUND On November 20, 2002, the Commission's Denver, Colorado Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $19,000 to Pilgrim. The NAL was based on findings by the Denver Office that: between March 2001 and August 22, 2001, Pilgrim did not have fully
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- to 9:10 PM: 30-37 W; c) Sunday, 8/18/02, from 8:10 PM to 11:10 PM: 937-945 W; d) Monday, 8/19/02 from 12:10 AM to 6:10 AM: 933-940 W; and e) Monday, 8/19/01 from 8:02 PM to 9:56 PM: 27-37 W. AM stations must not operate with over 105% of authorized power no matter the mode of operation. See 47 C.F.R. 73.1560. See Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332640001 (Enf. Bur., Norfolk Office, released November 4, 2002) at 4. 47 U.S.C. 503(b)(2)(D). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 C.F.R. 1.115(g). 47 U.S.C. 504(a). See 47 C.F.R. 1.1914. Federal Communications Commission DA 05-2361 Federal Communications Commission DA 05-2361
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- FORFEITURE ORDER Adopted: June 1, 2005 Released: June 3, 2005 By the Regional Director, Northeast Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to M.B. Communications, Inc. (``M.B. Communications''), licensee of AM station WYLF, Penn Yan, New York, for willful and repeated violations of Sections 73.49, 73.1560(a)(1), and 73.1745(a) of the Commission's rules (the ``Rules''). The noted violations concern the operation of station WYLF with power in excess of the station's authorization during daytime, post sunset, and nighttime hours and failure to enclose the station's tower within an effective locked fence or other enclosure. BACKGROUND Station WYLF is authorized to operate at certain power levels during daytime,
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- and Order (``Order''), we grant in part and deny in part the petition for reconsideration filed by M.J. Phillips Communications, Inc. (``M.J. Phillips''), licensee of AM Station WJJL, Niagara Falls, New York. M.J. Phillips seeks reconsideration of a Forfeiture Order issued on June 23, 2004, in the amount of ten thousand dollars ($10,000) for willful and repeated violations of Sections 73.1560(a)(1), 11.35(a), 11.52(d) and 17.4(a) of the Commission's Rules (``Rules''). The noted violations involve M.J. Phillips' use of excessive power; its failure to have fully operational Emergency Alert System (``EAS'') equipment; its failure to monitor, test and log the tests of its EAS equipment on a regular basis; and its failure to register its antenna structure. For the reasons discussed below,
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- the Chief, Enforcement Bureau: Introduction In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed by M.B. Communications, Inc. (``M.B. Communications''), licensee of AM radio station WYLF, Penn Yan, New York. M.B. Communications seeks reconsideration of the Enforcement Bureau's (``Bureau'') Forfeiture Order imposing a forfeiture in the amount of eleven thousand dollars ($11,000)for violations of Sections 73.1560(a)(1), 73.1745(a), and 73.49 of the Commission's rules (``Rules''). BACKGROUND On August 25, 2004, the Commission's Buffalo Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to M.B. Communications for a forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 73.1560(a)(1), 73.1745(a), and 73.49 of the Rules. The violations concerned the operation of
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- 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 in this case was assessed in accordance with Section 503(b) of
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- June 11, 2007 Released: June 13, 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 Gold Coast Radio, LLC ("Gold Coast''), licensee of station KMLA, an FM broadcast station serving El Rio, California, for repeatedly violating Section 73.1560(b) of the Commission's Rules (Rules). On December 22, 2006, the Enforcement Bureau's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Gold Coast for repeatedly operating its transmitter at a power level exceeding 105% of that authorized by its license. In this Order, we consider Gold Coast's arguments that an admonishment,
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- No. 104-104, 110 Stat. 56 (1996). See Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC Rcd 6363 (1996). 47 U.S.C. 309(k)(2), 309(k)(3). See M.J. Phillips Communications, Inc., 21 FCC Rcd at 346. Enforcement Bureau (``EB'') found that a forfeiture of $7,000 was appropriate for Licensee's violations of Sections 73.1560(a)(1); 11.35(a); 11.52(d); and 17.4(a) of the Rules. We also find that the forfeiture levied by EB was a sufficient sanction for the indicated violations. See 47 U.S.C. 309(k). Federal Communications Commission Washington, D.C. 20554 June 27, 2007 + 9 : ; = H Q R ^ h t `` '' hd
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- 7, 2007, the Kansas City Office issued to 127 another Notice of Apparent Liability for Forfeiture proposing a forfeiture in the amount of $8,000 for the apparent willful and repeated violation of Section 73.1745(a) of the Rules. On March 21, 2007, the Kansas City Office issued to 127 a Notice of Violation for violations of Sections 11.35(a), 73.1125(d)(1), 73.1201(a)(2), 73.44(b), 73.1560, and 73.3615(a) of the Rules. 127 and the Bureau acknowledge that any proceeding that might result from the Investigation will require the significant expenditure of public and private resources. To conserve such resources and to promote compliance by 127 with the Act and the Rules, 127 and the Bureau hereby enter into this Consent Decree in consideration of the mutual
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- Adopted: October 24, 2008 Released: October 28, 2008 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800) to Viva Communications Group, LLC (``Viva''), licensee of AM radio station WSDE, Cobleskill, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to sign off at local sunset time, failing to maintain daytime operating power at more than 90% of the authorized power, and failing to maintain a complete public inspection file. On December 20, 2007, the Buffalo Field Office issued a Notice
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- 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 Mr.
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- U.S.C. 503(b)(2)(E). (stating that the Commission will generally reduce the assessed forfeiture amount ``based on the good faith corrective efforts of a violator when those actions were taken prior to Commission notification of the violation''). See e.g., Cayuga County Community College, Forfeiture Order, 2009 WL 1856467 (EB 2009). 47 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. 504(a). Federal Communications Commission DA 09-1989 Federal Communications Commission DA 09-1989 < D I " L E
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- use professional radio direction-finding equipment. Agents are specially trained on how to confirm accurate radio bearings on signal sources in congested areas. In this case, the accuracy of the results is further supported by the fact that the same signal source was identified multiple times. Ȅ 47 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. 504(a). Federal Communications Commission DA 09-2239 Federal Communications Commission DA 09-2239 " 0
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- Commission regulates are expected to promptly take corrective action when violations are brought to their attention). See also, Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994)(corrective action taken to comply with the Rules is expected, and does not mitigate any prior forfeitures or violations). See NAL at para. 17. 47 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. 504(a). Federal Communications Commission DA 11-1233 Federal Communications Commission DA 11-1233 & 0
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- both audio quality and licensed coverage areas. Such technologies, known generally as Modulation Dependent Carrier Level (``MDCL'') control technologies or algorithms, have long been used by international broadcasters operating high-powered AM transmitters. Easier implementation of MDCL algorithms and higher energy costs have recently made these techniques more attractive to domestic broadcasters. Use of MDCL technologies requires a waiver of Section 73.1560(a) of the Commission's Rules, which sets upper and lower limits for an AM station's operating power. We hereby establish procedures for AM broadcasters to seek a rule waiver in order to use energy-saving MDCL technologies. Transmitter manufacturers have developed different techniques to reduce carrier power as the audio content varies. During the 1980s, several European broadcasting and manufacturing concerns developed
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- Apparent Liability for Forfeiture (``NAL''), we find that Frandsen Media Company, LLC (``Frandsen''), licensee of FM broadcast station KGNT in Smithfield, Utah, 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 limits applicable to facilities, operations, or transmitters, and apparently willfully and repeatedly violated section 73.1560(b) of the Rules by operating its transmitter at a power level not authorized by its license. We conclude that Frandsen is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). BACKGROUND On April 14, 2010, agents from the Enforcement Bureau's Denver Office conducted an inspection at the Station KGNT transmitter site on Round Hill, between Hyde
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- 303(q) of the Communications Act of 1934, as amended (Act), by failing (with respect to both of its stations) to: maintain operational emergency alert system (EAS) equipment; exhibit required obstruction lighting on the Tower; and maintain and make available a complete public inspection file. Furthermore, specifically with respect to Station KQMG-FM, we find that KM Radio apparently willfully violated Section 73.1560(b) of the Rules by operating Station KQMG-FM with more than authorized transmitter output power. After adjusting the possible forfeiture based on the Licensee's limited financial resources, we conclude that KM Radio is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). In addition, no later than thirty (30) calendar days from the date of this NAL,
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- Operations List of Actions Taken, Public Notice, 16 FCC Rcd 8708, 8712 (EB 2001) (Notice of Violation issued to the Station on March 29, 2001, for violations of 47 C.F.R. 17.4(a) (antenna structure registration); 17.51 (time when lights should be exhibited); 73.49 (AM transmission system fencing requirements); 73.1125 (station main studio location); 73.1201 (station identification); 73.1150 (transmission system operation), 73.1560 (operating power and mode tolerances); 73.1745 (unauthorized operation); 73.1820 (station log); and 73.3526 (contents of public inspection file for commercial stations); Enforcement Bureau Field Operation List of Actions Taken, Public Notice, 16 FCC Rcd 21310, 21310 (EB 2001) ($20,000 Notice of Apparent Liability issued to CWH for violation of 47 C.F.R. 17.4(a) (antenna structure registration); 47 C.F.R. 17.51
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- Radio of Independence, LLC (KM Radio), licensee of Stations KQMG and KQMG-FM, in Independence, Iowa, and owner of antenna structure number 1053693 also located in Independence, Iowa, for willful and repeated violation of Sections 11.35, 17.51, and 73.3526 of the Commission's rules (Rules), and Section 303(q) of the Communications Act of 1934, as amended (Act) and willful violation of Section 73.1560(b) of the Rules. The noted violations involved failing to: maintain operational emergency alert system (EAS) equipment; exhibit required obstruction lighting on the Tower; maintain and make available a complete public inspection file; and operate with authorized transmitter output power. 2. On February 7, 2012, the Enforcement Bureau's Kansas City Office (Kansas City Office) issued a Notice of Apparent Liability for
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- 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 also
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- 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 also
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- forfeiture issued 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 rules, 47 C.F.R. 1.80, to Betty's Communications Companies, Inc., licensee of AM Broadcast Station WKLN, for willful and repeated violation of the Terms of Station Authorization for operating at night without authorization and Section 73.1560(a)(1), of the Rules 47 C.F.R. 73.560(a)(1) for using a power level in excess of its authorized power. The appropriate amount of forfeiture for this violation is determined to be $2,000.00. BACKGROUND On January 15, 1999 and again on May 3, 1999, agents from the Federal Communications Commission's ( Commission) Enforcement Bureau, Tampa District Office, conducted field strength measurements and monitored
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- Released: November 20, 2002 By the District Director, Denver Office, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KWYD in Colorado Springs, Colorado, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules ("Rules"). Specifically, we find Pilgrim apparently liable for failing to have Emergency Alert System ("EAS") equipment operational, failing to maintain the requisite main studio presence, failing to maintain power levels between 90% and 105% of authorized power levels and exceeding the authorized nighttime power level at station KWYD. BACKGROUND During routine station inspections in
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- INTRODUCTION 1. This is a Notice of Apparent Liability for monetary forfeiture issued 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, to Culpeper Broadcasting Corporation, licensee of WCVA, Culpeper, Virginia for willful violation of Sections 73.49 and 73.1560(a) of the Rules, 47 C.F.R. 73.49, failure to maintain effective locked fence around the base of each antenna having radio frequency potential at the base, and 73.1560(a), failure to maintain power within 90% to 105% of authorized. The appropriate amount of forfeiture for this violation is determined to be nine thousand dollars ($9,000). II. BACKGROUND 2. Station WCVA,
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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 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; make
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- 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 a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND On August 24, 2001, the Federal Communication Commission (``FCC'') San Francisco Office received a complaint
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- between white and red painted sections of the structure. The condition of the paint reduced the visibility of the tower. The agents further determined that the antenna structure was not registered with the Commission. On July 17, 2002, the Columbia Office issued a Notice of Violation to Grass Roots for violation of Sections 11.52(d), 11.61(d), 17.4(a)(2), 17.50, 73.1125(a), 73.1225(d)(1), 73.1545(a), 73.1560(b), 73.1590(b), 73.3526(b) and 73.3526(e)(12) of the Rules. In response by letter dated August 5, 2002, Grass Roots stated that the antenna registration issue had been brought to its attention by an FCC inspector in December 2001 and that an FAA study, required before the structure can be registered, commenced on June 20, 2002. Grass Roots stated the previous owner had
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- 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 and operating with an improper mode of operation. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),2 that King is apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000). II. BACKGROUND On December 8, 2000, the Federal Communications Commission's ("FCC") Denver
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- 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 improper mode of operation. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Ramh is apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000). II. BACKGROUND On December 5, 2000, the Federal Communications Commission's ("FCC") Denver Office
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- Station KZEE ) NAL/Acct. No. 200232500003 Weatherford, TX ) FRN 0006-7721-56 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 24, 2002 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that Tarrant Radio Broadcasting, Inc. (``Tarrant''), licensee of AM broadcast station KZEE in Weatherford, Texas, willfully and repeatedly violated Section 73.1560(a)(1) of the Commission's Rules (``Rules'') by operating station KZEE with an antenna input power at a level more than 105% of authorized power. We conclude that Tarrant is apparently liable for forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND On November 8 and 11, 2001, the Commission received complaints alleging that station KZEE(AM) in Weatherford, Texas did
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- 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 receive a
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- authorizations posted so they are readily available and easily accessible, failure to have sufficient transmission system monitoring and control capability, failure to maintain the input power at no less than 90%, failure to maintain a station log, and failure to have a designated chief operator. The NOV cited Rego for non-compliance with Sections 11.35(a), 11.61(a)(1)(v), 11.61(a)(2)(i)(A), 73.54(d), 73.1230(b), 73.1350(b)(2), 73.1400(a)(1)(ii), 73.1560(a)(1), 73.1800(a), and 73.1870(a) of the Rules. On May 1, 2001, the Chicago office received a response to the NOV from the Law Offices of Keller and Heckman, LLP, Rego's legal representatives. In their reply, they acknowledged the various oversights and discrepancies associated with the station. However, they stated at the time of the inspection Rego was in the process of
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- Jtronics Corporation, Buffalo, Missouri, to paint the KYOO antenna for an estimated cost of $1,200.00 with work scheduled the third week in March. 6. Section 73.1350(c)(1) states that ``The licensee must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with 73.1215. 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...'' At the time of inspection the licensee had not established any schedules for monitoring or calibration of required station equipment. Mr. Paris stated that the Sine Systems remote control system would call him by telephone if an out-of-tolerance condition occurred. However, at the time of inspection the
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- August 30, 2001 By the District Director, Seattle Office, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Palouse Country, Inc., licensee of radio broadcast station KMAX (AM) in Colfax, Washington has apparently violated Section 503(b) of the Communications Act of 1934, as amended (``Act'') and has apparently willfully and repeatedly violated Sections 73.1400(a)(1)(ii), 73.1560(a), 73.1580, and 73.1870(c)(3) of the Commission's Rules by operating the station without required monitors, operating in non-compliance with the station license regarding power, failing to perform periodic complete inspections of the transmitting system, and failing to provide verification that the station has been operating as required by the Rules or the station authorization with appropriate log entries in the station
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- Washington, D.C. 20554. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY shall be sent by Certified Mail, Return Receipt Requested, to Cornbelt Broadcasting Co., RR2 Box 117M, Clinton, Illinois 61727-9518. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt District Director Chicago Office 47 C.F.R. 11.35(a), 17.4(g), and 73.49. 47 C.F.R. 73.51, 73.1870(a), 73.3526(e)(5), 73.3526(e)(8), 73.3526(e)(73.51(e)(2), 73.1560(d), and 73.1590(a)(6) 47 C.F.R. 1.80. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to 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 any provision of
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- 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 a station log, and failure to maintain a public file. We conclude that RADIO ONE LICENSES INC. is apparently liable for forfeiture in the amount of twenty-two thousand dollars ($22,000). II. BACKGROUND On March 14, 2000, an agent from the Commission's Boston, MA Office (``Boston Office'') inspected radio station WBOT, Brockton, MA, to verify
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- 200232360007 Cincinnati, Ohio ) ) FRN: 0004-2892-60 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 20, 2002 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that J4 Broadcasting of Cincinnati, Inc., (``J4''), the licensee of radio station WCIN (``WCIN''), Cincinnati, Ohio, has apparently violated Sections 73.51(e)(2) and 73.1560(a)(1) of the Commission's Rules (``Rules'')1. Respectively, these sections require the station maintain a record of the efficiency factor ``F'' in the station records and operate with power not in excess of 105% of the authorized power. We conclude that J4 is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. BACKGROUND On September 19, 2000
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- File Number: EB-02-BF-344 NAL/Acct.No. 200332280004 FRN: 0004-9421-24 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 28, 2003 By the Resident Agent, Buffalo Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that M.J. Phillips Communications, Inc (``Phillips''), licensee of radio station WJJL, Niagara Falls, New York, apparently violated Sections 11.35(a), 11.52(d), 17.4(a), and 73.1560(a)(1) of the Commission's Rules (``Rules'') by failing to determine cause of any failure to receive the required EAS tests or activations and make the appropriate log entries, failing to monitor two EAS sources, failing to register the antenna structure, and failing to maintain operating power within 105 % of the authorized power. We conclude that Phillips is apparently liable for
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- ) ) ) File No. EB-02-SD-197 NAL/Acct. No. 200232940007 FRN: 0007-2982-68 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 30, 2002 By the Enforcement Bureau: San Diego Office I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find the North American Broadcasting Company, Inc., licensee of radio station KFNX(AM) Cave Creek, Arizona, has apparently willfully violated Section 73.1560(a)(1) of the Federal Communications Commission's (``FCC'') Rules and Regulations (``Rules'') by failing to reduce transmitter output power in accordance with their station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that North American Broadcasting Company, Inc., is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND
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- FOR FORFEITURE Released: November 20, 2002 By the District Director, Denver Office, Enforcement Bureau: inTroduction In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KSKE in Vail, Colorado, apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules (``Rules''). Specifically, we find Pilgrim apparently liable for failing to maintain the requisite main studio presence at station KSKE, and failing to maintain power levels between 90% and 105% of authorized power levels and exceeding the authorized nighttime power level at station KSKE. BACKGROUND During routine station inspections in the spring and summer of
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- a remote control system, commonly known as a ``dial-up" system, consisting of an automatic telephone answering device at the transmitter which controls the transmitter by responding to commands given by telephone touch-tone keys. At the start of the inspection, this system was not functioning because the unit at the transmitter would not answer the incoming telephone call. 47 C.F.R. 73.1560(b): ``FM Stations. Except as provided in paragraph (d) of this section, the transmitter output power of an FM station, with output power as determined by the procedures specified in 73.267, which is authorized for output power more than 10 watts must be maintained as near as practicable to the authorized transmitter output and may not be less than 90%
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- the base (series fed, folded unipole, and insulated base antennas) must be enclosed within effective locked fences or other enclosures.'' The fence enclosing antenna tower #31036444, WCHN, has heaved and/or the soil under the fence has eroded over time, leaving a space between the bottom of the fence and the ground allowing unimpeded access to the live tower. 47 C.F.R. 73.1560 (a)(1). ``Except as provided for in paragraph (d) of this section, the antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The agent observed the
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- 2004 By the Enforcement Bureau, Norfolk Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find First Media Radio, LLC (``First Media''), licensee of AM radio station WWDR, and FM radio station WDLZ, Murfreesboro, North Carolina, apparently liable for a forfeiture in the amount of six thousand dollars ($6,000) for willful and repeated violation of Sections 73.1560(a)(1) and 73.3526(c)(1) of the Commission's Rules (``Rules''). Specifically, we find First Media apparently liable for operating AM radio station WWDR in excess of authorized power and for failing to make available for inspection the complete public inspection file. II. BACKGROUND First Media Radio, LLC is the licensee of WWDR and WDLZ. WWDR and WDLZ are authorized to broadcast in Murfreesboro,
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- 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 RBC is apparently liable for forfeiture in the amount of sixteen thousand dollars ($16,000). BACKGROUND RBC is the licensee of KOBB-FM and KZLO-FM, Bozeman, Montana. RBC is authorized to
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- ) Penn Yan, New York ) FRN: 0000012005 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 25, 2004 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that M. B. Communications, Inc., licensee of radio station WYLF, has apparently willfully and repeatedly violated Sections 73.49, 73.1560(a)(1), and 73.1745(a) of the Commission's Rules (the ``Rules'') by failing to enclose the WYLF tower within an effective locked fence or other enclosure and by operating with excessive power during daytime, postsunset and nighttime hours We conclude that M.B. Communications, Inc. is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). II. BACKGROUND On February 2,
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- Paragraphs 1,3,11,21. Paragraph 1 requires painting with alternate bands of aviation orange and white, and Paragraphs 3 and 11 requires red obstruction lighting. During the inspection, the agent observed that antenna structures 1237030 and 1237033 did not conform to these specifications. The structures were painted, but were not equipped with red obstruction lighting for nighttime as required. 47 C.F.R. 73.1560(a)(2): ``Whenever the transmitter of an AM station cannot be placed into the specified operating mode at the time required, transmissions of the station must be immediately terminated. However, if the radiated field at any bearing or elevation does not exceed that permitted for that time of day, operation in the mode with the lesser radiated field may continue under the
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- EB-04-PL-068 NAL/Acct. No. 200532420001 FRN 0010170587 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 1, 2005 By the Resident Agent, St. Paul Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ingstad Brothers Broadcasting, LLC ("Ingstad"), licensee of AM station KCHK in New Prague, Minnesota, apparently willfully and repeatedly violated Section 73.1560(a) of the Commission's Rules ("Rules") by failing to maintain the antenna input power of an AM station as near as is practical to the authorized antenna input power. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Ingstad is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND
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- broadcasting from a location more than 0.8 km from its authorized coordinates. In addition, at the time of inspection, the station's chief operator did not know how to determine or how to control the station's operating power, nor did she know how to stop transmissions. In addition, the station had not established monitoring procedures and schedules to determine compliance with 73.1560 regarding operating power and 73.1570 regarding modulation levels. 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 output power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating at 141% of its
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- establish monitoring procedures and schedules for the station...'' Although the Commission authorized Station WBTE(AM) to broadcast from latitude 35 58' 00" North and longitude 076 56' 54" West (NAD27), the station was actually broadcasting from a location more than 0.5 km from its authorized coordinates. In addition, the station had not established monitoring procedures and schedules to determine compliance with 73.1560 regarding operating power and 73.1570 regarding modulation levels. 47 C.F.R. 73.1560(a)(1): ``...]T]he antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The Commission
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- the Enforcement Bureau inspected radio station WSRC(AM) located in Durham, 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 from January 1, 2005 to March 9, 2005. b. 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 reduced power for a period of not more than 30 days without specific authority from the FCC....If causes beyond the control of the licensee prevent restoration of the authorized power within 30 days, a request for Special Temporary Authority must be made
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- 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 output power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating at 38.4% of its authorized transmitter output power. Pursuant to Section 308(b) of the Communications Act
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- State EAS Plan and FCC Mapbook.'' The station was monitoring only one broadcast source. 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.'' No EAS tests were being sent by the station. A station employee stated that the weekly tests were not being sent. 47 C.F.R. 73.1560(a)(1): ``...[T]he antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The station was operating at 60% power. The station management could not say how
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- at all times...(c) [t]he licensee must establish monitoring procedures and schedules for the station...'' At the time of inspection, the station's chief operator did not know how to determine or how to control the station's operating power, nor did she know how to stop transmissions. In addition, the station had not established monitoring procedures and schedules to determine compliance with 73.1560 regarding operating power and 73.1570 regarding modulation levels. 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 output power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating at 148% of its
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- Boston Office, Northeast Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to KJI Broadcasting, licensee of AM station WBET in Brockton, MA. On, April 21, 2005, agents of the Commission's Boston Office inspected radio station WBET located at Brockton, MA , and observed the following violations: 47 C.F.R. 73.1560(a)(1): ``The antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The antenna input power was observed to be 4030 Watts which is less than
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- 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 reduced power for a period of not more than 30 days without specific authority from the FCC....If causes beyond the control of the licensee prevent restoration of the authorized power within 30 days, a request for Special Temporary Authority must be made
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- (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 of an AM directional antenna system. (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
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- the Smith mailbox.'' There is no longer a mailbox with the name Smith. (2) The description for the 130 monitoring point indicates ``...go 150 feet to a line of trees at the west property line of No. 4373.'' The picture in the proof of performance shows the trees at the east property line of No. 4373. e. 47 C.F.R. 73.1560(a)(1): ``...the antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating with 111% of the authorized power
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- 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 503(b) of the Communications Act of 1934, as amended (``Act''), that West Coast is apparently liable for forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND erly direction, at 202 degrees true. When the agents asked the
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- State EAS Plan and FCC Mapbook.'' The station was monitoring only one broadcast source. 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.'' No EAS tests were being sent by the station. A station employee stated that the weekly tests were not being sent. 47 C.F.R. 73.1560(a)(1): ``...[T]he antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The station was operating at 60% power. The station management could not say how
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- ) ) ) ) EB-05-NF-016 NAL/Acct. No.: 200632640001 FRN: 0006151708 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 18, 2005 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Willis Broadcasting Corporation (``Willis''), licensee of station WURB(FM) in Windsor, North Carolina, apparently willfully violated Sections 73.1560(b) and 73.3526(a) of the Commission's Rules (``Rules'') by operating overpower and failing to make its complete public inspection file available for inspection during regular business hours. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Willis is apparently liable for forfeiture in the amount of six thousand dollars ($6,000). BACKGROUND On March 15,
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- File Number EB-05-NF-014 NAL/Acct. No. 200632640002 FRN 0009042896 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 18, 2005 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Willis Broadcasting Corporation (``Willis''), licensee of AM station WBTE in Windsor, North Carolina, apparently willfully violated Sections 73.1560(a)(1) and 73.3526(c) of the Commission's Rules (``Rules'') by failing to maintain its authorized antenna input power and failing to make material required to be in the public file available for inspection. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Willis is apparently liable for a forfeiture in the amount of ten thousand
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- authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' Kevin Fitzgerald, the Chief Operator of WCOZ, failed to sign and date the station logs at least once a week. 47 C.F.R. 73.1560(b): ``[T]he transmitter power output of an FM station, with power output as determined by the procedures specified in 73.267, which is authorized for output power more 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
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- This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to DBM Communications., licensee of radio station WLSV, Wellsville, New York. On August 25, 2006, an agent of the Enforcement Bureau's Buffalo Resident Agent Office inspected the radio station WLSV located in Wellsville, New York and observed the following violation: 47 C.F.R. Section 73.1560 (a): ``The antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' According to the station's operating log, the station exceeded the authorized antenna input
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- ) Facility ID #61601 ) FRN. 0006 5575 99 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 5, 2006 By the District Director, Boston Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Anastos Media Group, Inc. (``Anastos''), licensee of AM broadcast station WPEP, Taunton, Massachusetts, apparently willfully and repeatedly violated Section 73.1560(a)(1) of the Commission's Rules (``Rules'') by failing to reduce the station's power to its nighttime power levels, in direct contravention of the terms of its station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Anastos is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND
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- No.: 200732900003 FRN: 0003745254 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 22, 2006 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Gold Coast Radio, LLC ("Gold Coast''), licensee of station KMLA, an FM broadcast station serving El Rio, California, apparently repeatedly violated Section 73.1560(b) of the Commission's Rules ("Rules") by operating its transmitter at a power level exceeding 105% of that authorized by its license. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Gold Coast is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). BACKGROUND On August 29, 2006, in response
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- is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules (``Rules'') to Gamma Community Services Corp., licensee of radio station WJDZ, Pastillo, Puerto Rico. On January 24, 2007, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected the transmitter of FM station WJDZ and observed the following violation: 47 C.F.R. 73.1560(b): ``FM stations. Except as provided in paragraph (d) of this section, the transmitter output power of an FM station, with power output as determined by the procedures specified in Sec. 73.267, which is authorized for output power more than 10 watts must be maintained as near as practicable to the authorized transmitter output power and may not be less than
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- dB below carrier level.'' At 7:15pm on February 15, 2007, a spurious emission from KLFJ was observed on 1700 kHz (150 kHz removed from 1550 kHz) that was attenuated approximately 20 dB below the KLFJ carrier level. During the inspection, the station engineers stated this was a known and ongoing condition that had been occurring for several months. 47 C.F.R. 73.1560: ``[T]he antenna input power of an AM station ... must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the antenna current metering for the daytime power for KLFJ indicated 10.1 amps. This corresponds to an
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- 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 the station did not have effective control of the transmitter. 47 C.F.R. 73.1560 (b): ``FM stations operating with authorized transmitter output power of 10 watts or less, may operate at less than the authorized power, but not more than 105% of the authorized power.'' The Special Temporary Authority issued on January 10, 2007, specified a transmitter power output of 9.3 watts. During the inspection, the transmitter output power was measured at 12.5 watts,
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- No. 200832280002 FRN 0011157781 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 20, 2007 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Viva Communications Group, LLC (``Viva''), licensee of AM radio station WSDE, Cobleskill, New York , has apparently willfully and repeatedly violated Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12), of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to sign off at local sunset time, failing to maintain daytime operating power at more than 90% of the authorized power, and failing to maintain a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of
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- a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to D-Mitch Broadcasting, Inc., licensee of radio station WBSC AM in Bennettsville, South Carolina. On April 8, 2008, agents of the Commission's Atlanta Office of the Enforcement Bureau inspected AM radio station WBSC located at Bennettsville, South Carolina, and observed the following violation(s): 47 C.F.R. 73.1560(a) & (d): The station's antenna input power must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power. Also, if it becomes technically impossible to operate the station at authorized power, the station may operate at reduced power for not more than 30
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- the EAS header and EOM codes at least once a week at random days and times. ... (b) Entries shall be made in EAS Participant records, as specified in 11.35(a) and 11.54(b)(13).'' At the time of inspection, there were EAS Participant records available and no record that KSEY-FM had sent or received any tests at any time. 47 C.F.R. 73.1560(a) & (d): ``The station's antenna input power must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power. Also, if it becomes technically impossible to operate the station at authorized power, the station may operate at reduced power for not more than 30
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- 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 July 7, 1997. 47 C.F.R. 73.1560(a) and (d): ``The station's antenna input power must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, WVPO was operating with a transmitter output power of 115 Watts or 46% of that authorized. 47 C.F.R. 73.1590(a)(6):
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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 Fajardo Broadcasting Co., Inc. WYQE, Naguabo, PR. On October 1, 2009, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected radio station WYQE located in Naguabo, Puerto Rico, and observed the following violation(s): 47 C.F.R. 73.1560(b): ``Except as provided in paragraph (d) of this section, the transmitter output power of an FM station, with power output as determined by the procedures specified in Sec. 73.267, which is authorized for output power more than 10 watts must be maintained as near as practicable to the authorized transmitter output power and may not be less than 90% nor
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- 3 minutes. The personnel designated by the licensee to control the transmitter must have the capability to turn the transmitter off at all times, or include an alternate method of taking control of the transmitter which can terminate the station's operation within 3 minutes. 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.'' On the day of inspection, the chief operator stated that the field strength measurements have not been verified in over two years indicating that there was
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- 73.1745(a): ``No broadcast station shall operate at times, or with modes or power, other than those specified and made a part of the license...'' On the evening of August 18, 2009, the station did not reduce power at critical hours and remained on the air with daytime power levels during nighttime hours for over forty-five minutes. 47 C.F.R. 73.1560(a): ``[T]he 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 than 105% of the authorized power.'' During daytime hours, the station was being operated between 55% and 65% of the authorized power. Pursuant to Section 308(b) of the Communications Act of
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- retained in the station records.'' The licensee was not determining the station's operating power by the direct method, and had been determining power indirectly for a long time. There was no recorded value of ``F'' (efficiency factor) available at the station and no logs indicating when the station commenced determination of operating power by the indirect method. 47 C.F.R. 73.1560(a): ``[T]he 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 than 105% of the authorized power.'' The station's daytime power level was 80% of the authorized power. 47 C.F.R. 73.1745(a): ``No broadcast station shall operate at times, or with modes
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- Rules to New Millennium Communications Group, Inc. (``New Millennium''), the licensee of AM radio station WZSK in Everett, Pennsylvania. This Notice may be combined with a further action, if further action is warranted. On January 20, 2010, an agent of the Commission's Philadelphia Office inspected radio station WZSK located in Everett, Pennsylvania and observed the following violations: 47 C.F.R. 73.1560(a): ``[T]he 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 than 105% of the authorized power.'' For the previous three months, New Millennium had been operating station WZSK during the daytime with 4 kilowatts or 40% of the authorized power and
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- ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Triple J Community Broadcasting, LLC., operator of Class A TV Station W24BB in East Stroudsburg, Pennsylvania. On February 24, 2010, in response to a complaint, an agent of the Enforcement Bureau's Philadelphia Office monitored station W24BB located in East Stroudsburg, Pennsylvania and found the following violation: 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 reduced power for a period of not more than 30 days without specific authority from the FCC. If operation at reduced power will exceed 10 consecutive days, notification must be made to the FCC in Washington, DC, not later than 10th day
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- of this section that operation be terminated within three minutes.'' At the time of the inspection, the remote control system consisting of a dial-up remote control system was inoperative and transmitter control personnel were unable to have positive on/off control of the transmitter. 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 the inspection, no monitoring procedures and schedules were in place to check for operating power levels or modulation levels. 47 C.F.R.
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- shall not be limited to, the time, date, duration, and title of each program in which the issue was treated.'' At the time of inspection, WFYL's quarterly issues reports were not properly recorded for years 2008 through 2009 because they did not contain a complete description for each program that included the time, date, duration, title and brief narrative. Section 73.1560(a)(1) provides that ``[t]he antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' Station WFYL's authorization specifies a daytime power of 1000 watts. The agents determined
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- This is a Notice of Violation (``Notice'') issued pursuant to section 1.89 of the Commission's rules (``Rules''), to Birach Broadcasting Corporation, licensee of Station KJMU in Sand Springs, Oklahoma. On April 26, 2011, agents of the Enforcement Bureau's Dallas Office inspected the main studio of Station KJMU located in Sand Springs, Oklahoma, and observed the following violation(s): 47 C.F.R. 73.1560(a): ``AM stations. (1) Except as provided for in paragraph (d) of this section, the antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' At
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- performed anytime. EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook.'' KHWG(AM) failed to ensure that, over the three months prior to the inspection, all RMTs and RWTs of the EAS were conducted. 47 C.F.R. 73.1560(a)(1): ``Except as provided for in paragraph (d) of this section, the antenna input power of an AM station as determined by the procedures specified in Section 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less that 90% nor more than 105% of the authorized power.'' At the time of
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- 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 compliance with the station's authorized operating power. 47 C.F.R. 73.1560(a)(1): ``Except as
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- authorization. Any method of complying with applicable tolerances is permissible.'' At the time of inspection, agents determined that KTRB(AM) station authorized power in the daytime mode was out of tolerance, the station failed to ensure that technical parameters were within tolerances and transmission system operation was monitored either at the main studio, transmitter site, or other location. 47 C.F.R. 73.1560(a)(1): ``Except as provided for in paragraph (d) of this section, the antenna input power of an AM station as determined by the procedures specified in Section 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of
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- the station's location; Provided, that the name of the licensee or the station's frequency or channel number, or both, as stated on the station's license may be inserted between the call letters and station location....'' At the time of inspection, WPAM's station identification track, used for their station identification, did not include the station's community of license. 47 C.F.R. 73.1560(d): ``Reduced power operation. In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate at reduced power for a period of not more than 30 days without specific authority from the FCC. If operation at reduced power will exceed 10 consecutive days, notification must be made to the FCC in Washington, DC, Attention: Audio
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- the technical rules and the station authorization are not exceeded.'' At the time of inspection, WMVB's antenna monitor was not functioning properly and was indicating that the antenna phase was out of tolerance. The WMVB chief operator admitted that the monitor was not functioning properly and was unable to determine the last time the meter was calibrated. 47 C,F,R. 73.1560(a)(1): ``[t]he antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' Station WMVB's authorization specifies a daytime power of 1081 watts. The agents determined that at
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- and Order (``Order''), we deny the application for review filed on March 27, 2000, by Buchanan Broadcasting Company, Inc. (``Buchanan''), licensee of Station WJNT(AM), Jackson, Mississippi. Buchanan seeks review of the Enforcement Bureau's (``Bureau'') Memorandum Opinion and Order (``MO&O'') released February 25, 2000. In the MO&O, the Bureau reduced Buchanan's monetary forfeiture for willful and repeated violations of Sections 73.49, 73.1560(a)(1), and 73.1745(a) of the Commission's Rules (``the Rules'') and the terms of Station WJNT's authorization from $10,000 to $9,000 and denied Buchanan's petition for reconsideration in all other respects. For the reasons discussed below, we deny Buchanan's application for review and affirm the monetary forfeiture amount of $9,000. BACKGROUND 2. While investigating a complaint about Station WJNT's operations, on March
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- 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 than 105% of the authorized power,'' and Section 73.1560(b) provides that the transmitter output power of an FM station ``must be maintained as near as practicable to the
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- 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 Rules
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- Alamogordo, but the building was undergoing renovation. The agents observed EAS equipment in a box in the transmitter building, but no EAS equipment was installed or operational. The inspection revealed numerous other rule violations, including, among other things: failure to operate at the station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. 73.1740(a)); failure to post the station license (47 C.F.R. 73.1230); failure to designate a chief operator (47 C.F.R. 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. 73.3526). On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN
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- and Local Area EAS plans. (9) All broadcast stations and cable systems and wireless cable systems operating and identified with a particular EAS Local Area must transmit a common national emergency message until receipt of the Emergency Action Termination. (10) Broadcast stations, except those holding an EAS Non-participating National Authorization letter, are exempt from complying with 73.62 and 73.1560 of this chapter (operating power maintenance) while operating under this part. (11) National Primary (NP) sources must operate under the procedures in the National Control Point Procedures. (12) The time of receipt of the EAN and Emergency Action Termination messages shall be entered by broadcast stations in their logs (as specified in 73.1820 and 73.1840 of this chapter),
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- 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 James
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- logs shall be made available by all broadcast stations upon request by representatives of the Commission. As noted above, KZPO did not have proper station logs available for inspection by the Commission's investigators. Accordingly, we will specify an issue to determine whether Zawila or LB willfully or repeatedly violated Sections 73.1800(a), 73.1225(a), 73.1225(c)(5), or 73.1226(a) or our Rules. 108. Section 73.1560(b) of our Rules provides that transmitter output power of an FM broadcast station may not exceed 105% of the authorized power. Based on the agent's inspection of the KZPO transmitter, there is a question of fact as to whether KZPO was operating at greater than 105% of authorized power. We will specify an issue to determine whether Zawila or LB
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- 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 which it denied Radio One's Petition for Reconsideration and upheld the
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- 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 it differently than American Family Association, Inc. (``AFA'') because it proposed
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- digital broadcast stations and analog cable systems, digital cable systems and wireless cable systems operating and identified with a particular EAS Local Area must transmit a common national emergency message until receipt of the Emergency Action Termination. (11) Analog and digital broadcast stations, except those holding an EAS Non-participating National Authorization letter, are exempt from complying with 73.62 and 73.1560 of this chapter (operating power maintenance) while operating under this part. (12) National Primary (NP) sources must operate under the procedures in the National Control Point Procedures. (13) The time of receipt of the EAN and Emergency Action Termination messages shall be entered by analog and digital broadcast stations in their logs (as specified in 73.1820 and 73.1840 of
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- digital broadcast stations and analog cable systems, digital cable systems and wireless cable systems operating and identified with a particular EAS Local Area must transmit a common national emergency message until receipt of the Emergency Action Termination. (11) Analog and digital broadcast stations, except those holding an EAS Non-participating National Authorization letter, are exempt from complying with 73.62 and 73.1560 of this chapter (operating power maintenance) while operating under this part. (12) National Primary (NP) sources must operate under the procedures in the National Control Point Procedures. (13) The time of receipt of the EAN and Emergency Action Termination messages shall be entered by analog and digital broadcast stations in their logs (as specified in 73.1820 and 73.1840 of
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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; 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 a
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- 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 that were other than those authorized by the station's license. Such operation would also result in violations of section 73.1560(b) and (d) of the Commission's rules by operating at reduced power for more than 30 days without timely notifying the Commission and without requesting an STA to do so, and section 73.1745(a) of the Commission's rules, which provides that ``[n]o broadcast station shall operate at times, or with modes or power, other than those specified and made a part of
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- C.F.R. 73.1350. 47. C.F.R. 73.62. 47 C.F.R. 73.1350. See 47 C.F.R. 73.62 (b)(1) (Appendix B). See 47 C.F.R. 73.62 (c)(1)-(4) (Appendix B). See 47 C.F.R. 73. 1350(d)(2) (Existing rule, moved to body of 47 C.F.R. 1350(d) by this item). See 47 C.F.R. 73.1680(b)(1). See 47 C.F.R. 73.1680(b). See 47 C.F.R. 73.1560(d) & 73.1680. See 5 U.S.C. 603. See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (``SBREFA''), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). In the Matter of: Amendment of Sections 73.62 and 73.1350 of the Commission's Rules, 18 FCC Rcd
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- systems, digital cable systems and wireless cable systems may transmit the names of the communities they serve during an EAS activation. State and Local Area identifications must be given as provided in State and Local Area EAS Plans. (2) Analog and digital broadcast stations, except those holding an EAS Non-participating National Authorization letter, are exempt from complying with 73.62 and 73.1560 of this chapter (operating power maintenance) while operating under this part. (3) The time of receipt of the EAN shall be entered by analog and digital broadcast stations in their logs (as specified in 73.1820 and 73.1840 of this chapter), by analog and digital cable systems in their records (as specified in 76.1711 of this chapter), by subject wireless cable
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- stations may transmit their call letters and analog cable systems, digital cable systems and wireless cable systems may transmit the names of the communities they serve during an EAS activation. State and Local Area identifications must be given as provided in State and Local Area EAS Plans. (2) Analog and digital broadcast stations are exempt from complying with 73.62 and 73.1560 of this chapter (operating power maintenance) while operating under this part. (3) The time of receipt of the EAN shall be entered by analog and digital broadcast stations in their logs (as specified in 73.1820 and 73.1840 of this chapter), by analog and digital cable systems in their records (as specified in 76.1711 of this chapter), by subject wireless cable
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- 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 Agreement
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- of Class A TV stations may not exceed the values specified in section 74.761 of this chapter. Provided, however, Class A TV stations licensed to operate with a maximum effective radiated power greater than the value specified in their initial Class A TV station authorization must comply with paragraph (c) of this section. * * * * * 22. Section 73.1560 is amended to read as follows: 73.1560 Operating power and mode tolerances. * * * * * (c) TV stations. (1) Except as provided in paragraph (d) of this section, the visual output power of a TV or Class A TV transmitter, as determined by the procedures specified in Sec. 73.664, must be maintained as near as is practicable
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- York ) 200332280004 ) FRN: 0004-9421-24 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 28, 2003 By the Resident Agent, Buffalo Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that M.J. Phillips Communications, Inc (``Phillips''), licensee of radio station WJJL, Niagara Falls, New York, apparently violated Sections 11.35(a), 11.52(d), 17.4(a), and 73.1560(a)(1)1 of the Commission's Rules (``Rules'') by failing to determine cause of any failure to receive the required EAS tests or activations and make the appropriate log entries, failing to monitor two EAS sources, failing to register the antenna structure, and failing to maintain operating power within 105 % of the authorized power. We conclude that Phillips is apparently liable for
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- Paragraphs 1,3,11,21. Paragraph 1 requires painting with alternate bands of aviation orange and white, and Paragraphs 3 and 11 requires red obstruction lighting. During the inspection, the agent observed that antenna structures 1237030 and 1237033 did not conform to these specifications. The structures were painted, but were not equipped with red obstruction lighting for nighttime as required. 5.b. 47 C.F.R. 73.1560(a)(2): ``Whenever the transmitter of an AM station cannot be placed into the specified operating mode at the time required, transmissions of the station must be immediately terminated. However, if the radiated field at any bearing or elevation does not exceed that permitted for that time of day, operation in the mode with the lesser radiated field may continue under the
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- broadcasting from a location more than 0.8 km from its authorized coordinates. In addition, at the time of inspection, the station's chief operator did not know how to determine or how to control the station's operating power, nor did she know how to stop transmissions. In addition, the station had not established monitoring procedures and schedules to determine compliance with 73.1560 regarding operating power and 73.1570 regarding modulation levels. 2.f. 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 output power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating at 141% of its
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- Office of the Enforcement Bureau inspected radio station WSRC(AM) located in Durham, 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 from January 1, 2005 to March 9, 2005. b. 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 reduced power for a period of not more than 30 days without specific authority from the FCC....If causes beyond the control of the licensee prevent restoration of the authorized power within 30 days, a request for Special Temporary Authority must be made
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- 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 output power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating at 38.4% of its authorized transmitter output power. 3. Pursuant to Section 308(b) of the Communications
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- State EAS Plan and FCC Mapbook.'' The station was monitoring only one broadcast source. 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.'' No EAS tests were being sent by the station. A station employee stated that the weekly tests were not being sent. 2.c. 47 C.F.R. 73.1560(a)(1): ``...[T]he antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The station was operating at 60% power. The station management could not say how long
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- at all times...(c) [t]he licensee must establish monitoring procedures and schedules for the station...'' At the time of inspection, the station's chief operator did not know how to determine or how to control the station's operating power, nor did she know how to stop transmissions. In addition, the station had not established monitoring procedures and schedules to determine compliance with 73.1560 regarding operating power and 73.1570 regarding modulation levels. 2.f. 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 output power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating at 148% of its
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- 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 reduced power for a period of not more than 30 days without specific authority from the FCC....If causes beyond the control of the licensee prevent restoration of the authorized power within 30 days, a request for Special Temporary Authority must be made
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- (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 of an AM directional antenna system. (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
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- from the Smith mailbox.'' There is no longer a mailbox with the name Smith. (2) The description for the 130 monitoring point indicates ``...go 150 feet to a line of trees at the west property line of No. 4373.'' The picture in the proof of performance shows the trees at the east property line of No. 4373. e. 47 C.F.R. 73.1560(a)(1): ``...the antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating with 111% of the authorized power of
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- State EAS Plan and FCC Mapbook.'' The station was monitoring only one broadcast source. 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.'' No EAS tests were being sent by the station. A station employee stated that the weekly tests were not being sent. 2.c. 47 C.F.R. 73.1560(a)(1): ``...[T]he antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The station was operating at 60% power. The station management could not say how long
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- below carrier level." At 7:15pm on February 15, 2007, a spurious emission from KLFJ was observed on 1700 kHz (150 kHz removed from 1550 kHz) that was attenuated approximately 20 dB below the KLFJ carrier level. During the inspection, the station engineers stated this was a known and ongoing condition that had been occurring for several months. e. 47 C.F.R. S73.1560: "[T]he antenna input power of an AM station ... must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power." At the time of inspection, the antenna current metering for the daytime power for KLFJ indicated 10.1 amps. This corresponds to an
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- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 20, 2007 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Viva Communications Group, LLC ("Viva"), licensee of AM radio station WSDE, Cobleskill, New York , has apparently willfully and repeatedly violated Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12), of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System ("EAS") equipment, failing to sign off at local sunset time, failing to maintain daytime operating power at more than 90% of the authorized power, and failing to maintain a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of
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- EAS header and EOM codes at least once a week at random days and times. ... (b) Entries shall be made in EAS Participant records, as specified in S:S:11.35(a) and 11.54(b)(13)." At the time of inspection, there were EAS Participant records available and no record that KSEY-FM had sent or received any tests at any time. c. 47 C.F.R. S:S: 73.1560(a) & (d): "The station's antenna input power must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power. Also, if it becomes technically impossible to operate the station at authorized power, the station may operate at reduced power for not more than 30
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- 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 July 7, 1997. d. 47 C.F.R. S:S: 73.1560(a) and (d): "The station's antenna input power must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power." At the time of inspection, WVPO was operating with a transmitter output power of 115 Watts or 46% of that authorized. e. 47 C.F.R. S:
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- minutes. The personnel designated by the licensee to control the transmitter must have the capability to turn the transmitter off at all times, or include an alternate method of taking control of the transmitter which can terminate the station's operation within 3 minutes. g. 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." On the day of inspection, the chief operator stated that the field strength measurements have not been verified in over two years indicating that there was
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- 73.1745(a): "No broadcast station shall operate at times, or with modes or power, other than those specified and made a part of the license..." On the evening of August 18, 2009, the station did not reduce power at critical hours and remained on the air with daytime power levels during nighttime hours for over forty-five minutes. f. 47 C.F.R. S: 73.1560(a): "[T]he 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 than 105% of the authorized power." During daytime hours, the station was being operated between 55% and 65% of the authorized power. 3. Pursuant to Section 308(b) of the Communications Act
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- in the station records." The licensee was not determining the station's operating power by the direct method, and had been determining power indirectly for a long time. There was no recorded value of "F" (efficiency factor) available at the station and no logs indicating when the station commenced determination of operating power by the indirect method. c. 47 C.F.R. S: 73.1560(a): "[T]he 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 than 105% of the authorized power." The station's daytime power level was 80% of the authorized power. d. 47 C.F.R. S: 73.1745(a): "No broadcast station shall operate at times, or with
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- New Millennium Communications Group, Inc. ("New Millennium"), the licensee of AM radio station WZSK in Everett, Pennsylvania. This Notice may be combined with a further action, if further action is warranted. 2. On January 20, 2010, an agent of the Commission's Philadelphia Office inspected radio station WZSK located in Everett, Pennsylvania and observed the following violations: a. 47 C.F.R. S: 73.1560(a): "[T]he 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 than 105% of the authorized power." For the previous three months, New Millennium had been operating station WZSK during the daytime with 4 kilowatts or 40% of the authorized power and
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- this section that operation be terminated within three minutes." At the time of the inspection, the remote control system consisting of a dial-up remote control system was inoperative and transmitter control personnel were unable to have positive on/off control of the transmitter. d. 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 the inspection, no monitoring procedures and schedules were in place to check for operating power levels or modulation levels. e. 47
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- not be limited to, the time, date, duration, and title of each program in which the issue was treated." At the time of inspection, WFYL's quarterly issues reports were not properly recorded for years 2008 through 2009 because they did not contain a complete description for each program that included the time, date, duration, title and brief narrative. d. Section 73.1560(a)(1) provides that "[t]he antenna input power of an AM station as determined by the procedures specified in S:73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power." Station WFYL's authorization specifies a daytime power of 1000 watts. The agents determined
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- anytime. EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." KHWG(AM) failed to ensure that, over the three months prior to the inspection, all RMTs and RWTs of the EAS were conducted. c. 47 C.F.R. S: 73.1560(a)(1): "Except as provided for in paragraph (d) of this section, the antenna input power of an AM station as determined by the procedures specified in Section 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less that 90% nor more than 105% of the authorized power." At the time of
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- 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 compliance with the station's authorized operating power. d. 47 C.F.R. S: 73.1560(a)(1): "Except
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- Any method of complying with applicable tolerances is permissible." At the time of inspection, agents determined that KTRB(AM) station authorized power in the daytime mode was out of tolerance, the station failed to ensure that technical parameters were within tolerances and transmission system operation was monitored either at the main studio, transmitter site, or other location. f. 47 C.F.R. S: 73.1560(a)(1): "Except as provided for in paragraph (d) of this section, the antenna input power of an AM station as determined by the procedures specified in Section 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power." At the time of
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- EAS coding/decoding equipment was inoperable. There were no entries in the station logs indicating when the EAS equipment became inoperable. (b) The antenna structure did not provide good visibility to aircraft because of rust and the extremely faded condition of the paint. (c) KYOO had not established monitoring procedures and schedules sufficient to determine compliance with the requirements of Section 73.1560 of the Rules regarding operating power. (d) KYOO was not maintaining its station logs as required by Section 73.1820 of the Rules. 4. In its response to the NAL, KYOO does not contest the violations alleged in the NAL but seeks mitigation of the proposed $22,000 forfeiture on the basis of its inability to pay that amount. Specifically, KYOO argues
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- 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 WBOT may have been in violation of the main studio rule.
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- 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 than 105% of the authorized power,'' and Section 73.1560(b) provides that the transmitter output power of an FM station ``must be maintained as near as practicable to the
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- January 2, 2002 Released: January 4, 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 dollars ($8,000) to Palouse Country, Inc. (``Palouse''), licensee of Station KMAX(AM), for willful violation of the following Sections of the Commission's Rules ("Rules"): 73.1400(a)(1)(ii) (operating KMAX(AM) without required monitors); 73.1560(a) (failure to operate in compliance with the station license regarding power); 73.1580 (failure to perform periodic complete inspections of the transmitting system); and 73.1870(c)(3) (failure to provide verification that the station has been operating as required by the Rules or the station authorization by making appropriate entries into the station log).1 II. BACKGROUND 2. On January 12, 2001, the FCC's
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- 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 that WBOT may have been in violation of the main studio
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- ) FRN 0006-7721-56 Weatherford, TX FORFEITURE ORDER Adopted: September 9, 2002 Released: September 11, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTON 1. In this Forfeiture Order (``Order''),we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Tarrant Radio Broadcasting, Inc. (``Tarrant''), licensee of Station KZEE(AM) in Weatherford, Texas, for willful and repeated violation of Section 73.1560(a)(1) of the Commission's Rules (``Rules'').1 The noted violation involves Tarrant's operation of Station KZEE(AM) with an antenna input power at a level more than 105% of authorized power. 2. On May 24, 2002, the Commission's Dallas, Texas Field Office (``Dallas Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of four thousand dollars ($4,000) to Tarrant
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- 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 Bureau had assessed a forfeiture against Radio One for not maintaining
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- downtown Alamogordo, but the building was undergoing renovation. The agents observed EAS equipment in a box in the transmitter building, but no EAS equipment was installed or operational. The inspection revealed numerous other rule violations, including, among other things: failure to operate at the station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. 73.1740(a)); failure to post the station license (47 C.F.R. 73.1230); failure to designate a chief operator (47 C.F.R. 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. 73.3526). 11. On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN was not in
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- State and Local Area EAS plans. (9) All broadcast stations and cable systems and wireless cable systems operating and identified with a particular EAS Local Area must transmit a common national emergency message until receipt of the Emergency Action Termination. (10) Broadcast stations, except those holding an EAS Non- participating National Authorization letter, are exempt from complying with 73.62 and 73.1560 of this chapter (operating power maintenance) while operating under this part. (11) National Primary (NP) sources must operate under the procedures in the National Control Point Procedures. (12) The time of receipt of the EAN and Emergency Action Termination messages shall be entered by broadcast stations in their logs (as specified in 73.1820 and 73.1840 of this chapter), by cable
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- 102 ) Phoenix, AZ 85004 ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to North American Broadcasting Company, Inc. (``North American''), licensee of Station KFNX(AM), Cave Creek, Arizona, for willful violation of Section 73.1560(a)(1) of the Commission's Rules (``Rules'').1 The noted violation involves North American's failure to reduce transmitter output power in accordance with its station authorization. 2. On August 30, 2002, the District Director of the Commission's San Diego, California Field Office (``San Diego Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to North American.2 North
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- not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (''Rules''),4 International Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 73.1560(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the Act.5
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- 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 for Forfeiture (``NAL'') to Clarke for a forfeiture in the amount of seven thousand dollars ($7,000).2 Clarke
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- ) FORFEITURE ORDER Adopted: February 4, 2003 Released: February 6, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to J4 Broadcasting of Cincinnati, Inc. (``J4 Broadcasting''), licensee of Station WCIN(AM), Cincinnati, Ohio, for willful and repeated violation of Sections 73.51(e)(2) and 73.1560(a)(1) of the Commission's Rules (``Rules'').1 The noted violations involve J4 Broadcasting's failure to maintain a record of the station's efficiency factor ``F'' used to determine operating power and operation of WCIN with power in excess of 105% of the authorized power. 2. On June 20, 2002, the Commission's Detroit, Michigan Field Office (``Detroit Office'') issued a Notice of Apparent Liability
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- See KASA Radio Hogar, Inc., 17 FCC Rcd 6256 (2002) (quoting Emery Telephone, 13 FCC Rcd 23854, 23859-60 (1998), recon. denied, 15 FCC Rcd 7181 (1999)). 7 On March 21, 2000, the Columbia Office issued an NOV to AFA for the following violations at WARN-FM: Sections 11.52(d) (failure to monitor two EAS sources), 11.61(b) (failure to log EAS tests received), 73.1560(b) (failure to maintain the transmitter output power between 90% and 105% of the authorized power), and 73.1870(c)(3) (failure to have the chief operator review the station logs at least once each week to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated
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- 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 exceeding nighttime power levels and operating with an improper mode of operation. 2. On June 28, 2002, the District Director of the Commission's Denver, Colorado Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')3 in the amount of $21,000 to Ramh. Ramh has not filed a response to the NAL. Based on the information
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- 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 which it denied Radio One's Petition for Reconsideration and upheld the
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- 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 it differently than American Family Association, Inc. (``AFA'') because it proposed
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- 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 Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KSKE in Vail, Colorado, for willful and repeated violation of Section 73.1125(a) of the Commission's Rules (``Rules''), and willful violation of Sections 73.1560(a) and 73.1745(a) of the Rules.1 The noted violations involve Pilgrim's failure to maintain a main studio for station KSKE, its failure to reduce KSKE's power at sunset to the nighttime level required by the station authorization and its exceeding KSKE's authorized nighttime power level. 2. On November 20, 2002, the Commission's Denver, Colorado, Field Office (``Denver Office'') issued a Notice
- http://transition.fcc.gov/eb/Orders/2004/DA-04-1390A1.html
- FORFEITURE 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 nineteen thousand dollars ($19,000) to Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KWYD in Colorado Springs, Colorado, for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules ("Rules").1 The noted violations involve Pilgrim's failure to have fully operational Emergency Alert System ("EAS") equipment, its failure to maintain the requisite main studio presence, its failure to reduce KWYD's power at sunset to the nighttime level required by the station authorization, its failure to increase KWYD's power at sunrise to the daytime level
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- 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 F
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- Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to M.J. Phillips Communications, Inc. (``M.J. Phillips''), licensee of AM Station WJJL, Niagara Falls, New York, for its willful and repeated violations of the power restriction, Emergency Alert System (``EAS'') and antenna structure requirements of Sections 73.1560(a)(1), 11.35(a), 11.52(d) and 17.4(a) of the Commission's Rules (``Rules'').1 II. BACKGROUND 2. On September 17 and 18, 2002, the Commission's Buffalo, New York Office (``Buffalo Office'') conducted on-site inspections of Station WJJL. The inspections revealed that the station had been exceeding its authorized power limits by more than 105 percent,2 that its Emergency Alert System (``EAS'') equipment had not been
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- is deficient because it differs from the evidence supporting the violation of that section in Beacon, we point out that each case should be examined on its own merits. See James R. Weaks, 48 FCC 2d 273 (ALJ 1974). 9 AM stations must not operate with over 105% of authorized power no matter the mode of operation. See 47 C.F.R. 73.1560. 10 This argument does apply to the readings (37 watts) recorded for the evenings of August 17 and 19, 2002. However, we need not address it for those dates because a Commission measurement (39 watts) establishes overpower operation on the evening of August 19, 2002, and it is unnecessary to establish an overpower violation on August 17, 2002. 11 AM
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- Opinion and Order (``Order''), we deny the February 25, 2003 petition for reconsideration filed by North American Broadcasting Co., Inc. (``North American''),1 licensee of KFNX(AM), Cave Creek, Arizona of the Forfeiture Order released on January 30, 2003.2 The Forfeiture Order imposed a monetary forfeiture in the amount of four thousand dollars ($4,000) against North American for willful violation of Section 73.1560(a)(1) of the Commission's Rules.3 The noted violation involves North American's failure to reduce transmitter output power as its station authorization requires. II. BACKGROUND 2. On June 22 and 23, 2002, agents from the Commission's San Diego, California District Office (``District Office'') conducted AM broadcast field strength measurements of Station KFNX(AM) at various locations throughout the Phoenix, Arizona area at various
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- 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, 73.1820, logs 73.1840 Failure to 47 C.F.R. KFRA, KDDK maintain public 73.3526 file and make public file available TABLE II PAYMENT SCHEDULE Date Amount January 17, $5007 2005 February $1363 15, 2005 March 15, $1363 2005 April 15, $1363 2005 May
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- petition for reconsideration (``petition'') filed by Pilgrim Communications, Inc. (``Pilgrim''), licensee of Station KSKE(AM), Vail, Colorado.1 Pilgrim seeks reconsideration of the Forfeiture Order2 in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $11,000 for willful and repeated violation of Section 73.1125(a) of the Commission's Rules (``Rules'') and willful violation of Sections 73.1560(a) and 73.1745(a) of the Rules.3 II. BACKGROUND 2. On November 20, 2002, the Commission's Denver, Colorado Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')4 in the amount of $11,000 to Pilgrim. The NAL was based on findings by the Denver Office that Pilgrim violated Section 73.1125(a) of the Rules by failing to maintain the requisite
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- Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration (``petition'') filed by Pilgrim Communications, Inc. (``Pilgrim''), licensee of Station KWYD(AM), Colorado Springs, Colorado.1 Pilgrim seeks reconsideration of the Forfeiture Order2 in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $19,000 for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules (``Rules'').3 II. BACKGROUND 2. On November 20, 2002, the Commission's Denver, Colorado Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')4 in the amount of $19,000 to Pilgrim. The NAL was based on findings by the Denver Office that: between March 2001 and August 22, 2001, Pilgrim did not have
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- Adopted: June 1, 2005 Released: June 3, 2005 By the Regional Director, Northeast 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)1 to M.B. Communications, Inc. (``M.B. Communications''), licensee of AM station WYLF, Penn Yan, New York, for willful and repeated violations of Sections 73.49, 73.1560(a)(1), and 73.1745(a) of the Commission's rules (the ``Rules'').2 The noted violations concern the operation of station WYLF with power in excess of the station's authorization during daytime, post sunset, and nighttime hours and failure to enclose the station's tower within an effective locked fence or other enclosure. II. BACKGROUND 2. Station WYLF is authorized to operate at certain power levels
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- and digital broadcast stations and analog cable systems, digital cable systems and wireless cable systems operating and identified with a particular EAS Local Area must transmit a common national emergency message until receipt of the Emergency Action Termination. (11) Analog and digital broadcast stations, except those holding an EAS Non-participating National Authorization letter, are exempt from complying with 73.62 and 73.1560 of this chapter (operating power maintenance) while operating under this part. (12) National Primary (NP) sources must operate under the procedures in the National Control Point Procedures. (13) The time of receipt of the EAN and Emergency Action Termination messages shall be entered by analog and digital broadcast stations in their logs (as specified in 73.1820 and 73.1840 of this
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- 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, Family
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- and Order (``Order''), we grant in part and deny in part the petition for reconsideration filed by M.J. Phillips Communications, Inc. (``M.J. Phillips''), licensee of AM Station WJJL, Niagara Falls, New York. M.J. Phillips seeks reconsideration of a Forfeiture Order1 issued on June 23, 2004, in the amount of ten thousand dollars ($10,000) for willful and repeated violations of Sections 73.1560(a)(1), 11.35(a), 11.52(d) and 17.4(a) of the Commission's Rules (``Rules'').2 The noted violations involve M.J. Phillips' use of excessive power; its failure to have fully operational Emergency Alert System (``EAS'') equipment; its failure to monitor, test and log the tests of its EAS equipment on a regular basis; and its failure to register its antenna structure. For the reasons discussed below,
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- Enforcement Bureau: I. Introduction 1. In this Memorandum Opinion and Order ("Order"), we deny the petition for reconsideration filed by M.B. Communications, Inc. ("M.B. Communications"), licensee of AM radio station WYLF, Penn Yan, New York. M.B. Communications seeks reconsideration of the Enforcement Bureau's ("Bureau") Forfeiture Order imposing a forfeiture in the amount of eleven thousand dollars ($11,000)for violations of Sections 73.1560(a)(1), 73.1745(a), and 73.49 of the Commission's rules ("Rules"). II. BACKGROUND 2. On August 25, 2004, the Commission's Buffalo Office issued a Notice of Apparent Liability for Forfeiture ("NAL") to M.B. Communications for a forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 73.1560(a)(1), 73.1745(a), and 73.49 of the Rules. The violations concerned the
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- 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 14, 2005, resident agents from the Commission's San Juan Office of
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- 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 that were other than those authorized by the station's license. Such operation would also result in violations of section 73.1560(b) and (d) of the Commission's rules by operating at reduced power for more than 30 days without timely notifying the Commission and without requesting an STA to do so, and section 73.1745(a) of the Commission's rules, which provides that "[n]o broadcast station shall operate at times, or with modes or power, other than those specified and made a part of
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- 11, 2007 Released: June 13, 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 Gold Coast Radio, LLC ("Gold Coast"), licensee of station KMLA, an FM broadcast station serving El Rio, California, for repeatedly violating Section 73.1560(b) of the Commission's Rules (Rules). On December 22, 2006, the Enforcement Bureau's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Gold Coast for repeatedly operating its transmitter at a power level exceeding 105% of that authorized by its license. In this Order, we consider Gold Coast's arguments that an admonishment,
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- 2007, the Kansas City Office issued to 127 another Notice of Apparent Liability for Forfeiture proposing a forfeiture in the amount of $8,000 for the apparent willful and repeated violation of Section 73.1745(a) of the Rules. 3. On March 21, 2007, the Kansas City Office issued to 127 a Notice of Violation for violations of Sections 11.35(a), 73.1125(d)(1), 73.1201(a)(2), 73.44(b), 73.1560, and 73.3615(a) of the Rules. 4. 127 and the Bureau acknowledge that any proceeding that might result from the Investigation will require the significant expenditure of public and private resources. To conserve such resources and to promote compliance by 127 with the Act and the Rules, 127 and the Bureau hereby enter into this Consent Decree in consideration of the
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- October 24, 2008 Released: October 28, 2008 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800) to Viva Communications Group, LLC ("Viva"), licensee of AM radio station WSDE, Cobleskill, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System ("EAS") equipment, failing to sign off at local sunset time, failing to maintain daytime operating power at more than 90% of the authorized power, and failing to maintain a complete public inspection file. 2. On December 20, 2007, the Buffalo Field Office issued a
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- 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 ordered
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- 15274, 15277 (2004) (stating that the Commission will generally reduce the assessed forfeiture amount "based on the good faith corrective efforts of a violator when those actions were taken prior to Commission notification of the violation"). See e.g., Cayuga County Community College, Forfeiture Order, 2009 WL 1856467 (EB 2009). 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. S: 504(a). Federal Communications Commission DA 09-1989 1 2 Federal Communications Commission DA 09-1989 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1989A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1989A1.doc
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- training on how to use professional radio direction-finding equipment. Agents are specially trained on how to confirm accurate radio bearings on signal sources in congested areas. In this case, the accuracy of the results is further supported by the fact that the same signal source was identified multiple times. 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. S: 504(a). Federal Communications Commission DA 09-2239 1 2 Federal Communications Commission DA 09-2239 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2239A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2239A1.doc
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- Commission regulates are expected to promptly take corrective action when violations are brought to their attention). See also, Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994)(corrective action taken to comply with the Rules is expected, and does not mitigate any prior forfeitures or violations). See NAL at para. 17. 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. S: 504(a). Federal Communications Commission DA 11-1233 1 5 Federal Communications Commission DA 11-1233 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.doc
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- Apparent Liability for Forfeiture ("NAL"), we find that Frandsen Media Company, LLC ("Frandsen"), licensee of FM broadcast station KGNT in Smithfield, Utah, 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 limits applicable to facilities, operations, or transmitters, and apparently willfully and repeatedly violated section 73.1560(b) of the Rules by operating its transmitter at a power level not authorized by its license. We conclude that Frandsen is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. On April 14, 2010, agents from the Enforcement Bureau's Denver Office conducted an inspection at the Station KGNT transmitter site on Round Hill,
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- 303(q) of the Communications Act of 1934, as amended (Act), by failing (with respect to both of its stations) to: maintain operational emergency alert system (EAS) equipment; exhibit required obstruction lighting on the Tower; and maintain and make available a complete public inspection file. Furthermore, specifically with respect to Station KQMG-FM, we find that KM Radio apparently willfully violated Section 73.1560(b) of the Rules by operating Station KQMG-FM with more than authorized transmitter output power. After adjusting the possible forfeiture based on the Licensee's limited financial resources, we conclude that KM Radio is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). In addition, no later than thirty (30) calendar days from the date of this NAL,
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- Radio of Independence, LLC (KM Radio), licensee of Stations KQMG and KQMG-FM, in Independence, Iowa, and owner of antenna structure number 1053693 also located in Independence, Iowa, for willful and repeated violation of Sections 11.35, 17.51, and 73.3526 of the Commission's rules (Rules), and Section 303(q) of the Communications Act of 1934, as amended (Act) and willful violation of Section 73.1560(b) of the Rules. The noted violations involved failing to: maintain operational emergency alert system (EAS) equipment; exhibit required obstruction lighting on the Tower; maintain and make available a complete public inspection file; and operate with authorized transmitter output power. 2. On February 7, 2012, the Enforcement Bureau's Kansas City Office (Kansas City Office) issued a Notice of Apparent Liability for
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- Virginia ) FORFEITURE ORDER Adopted: July 5, 2000 Released: July 6, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Culpeper Broadcasting Corporation (``Culpeper''), licensee of AM station WCVA, Culpeper, Virginia, for willful violation of the provisions of Sections 73.49 and 73.1560(a) of the Commission's Rules (``the Rules''). The noted violations involve Culpeper's failure to maintain an effective locked fence around the base of the WCVA antenna, and failure to maintain transmitter power between 90% and 105% of that authorized for WCVA. 2. On February 7, 2000, the Enforcement Bureau's Columbia, Maryland Field Office, issued a Notice of Apparent Liability for Forfeiture
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- and Order (``Order''), we deny the application for review filed on March 27, 2000, by Buchanan Broadcasting Company, Inc. (``Buchanan''), licensee of Station WJNT(AM), Jackson, Mississippi. Buchanan seeks review of the Enforcement Bureau's (``Bureau'') Memorandum Opinion and Order (``MO&O'') released February 25, 2000. In the MO&O, the Bureau reduced Buchanan's monetary forfeiture for willful and repeated violations of Sections 73.49, 73.1560(a)(1), and 73.1745(a) of the Commission's Rules (``the Rules'') and the terms of Station WJNT's authorization from $10,000 to $9,000 and denied Buchanan's petition for reconsideration in all other respects. For the reasons discussed below, we deny Buchanan's application for review and affirm the monetary forfeiture amount of $9,000. BACKGROUND 2. While investigating a complaint about Station WJNT's operations, on March
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- (Station Identification). New York, NY District Office (4/24/02). * Yardley Makefield Fire Co., Yardley, PA. Philadelphia, PA District Office (4/25/02). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * Monroe County Board of Education, WHFI, Lindside, WV. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (4/2/02). * Miracle Radio, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 17.4(g) (Posting of Antenna Structure Registration Number). Tampa, FL District Office (4/10/02). * Vernon Watson, Pensacola, FL. Other violations: 47 C.F.R. 11.61
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- (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 Television Service * 47 C.F.R. 76.605 Technical Standards * Comcast Cablevision of Nashville, LLC. $8,000 NAL. Other violation: 47 C.F.R. 76.611 (Cable Television Basic Signal Leakage Performance Criteria). Atlanta, GA District Office (5/30/02).
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- (Unauthorized Operation). Atlanta, GA District Office (6/27/02). * 47 C.F.R. 73.49 - AM Transmission System Fencing Requirements * Wilson Broadcasting Co., Inc., licensee of Radio Station WAGF(AM), Dothan, Alabama. $7,000 NAL. Atlanta, GA District Office (6/10/02). * King Broadcasting Company, KBIM(AM), Roswell, NM. $21,000 NAL. Other violations: 47 C.F.R. 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control) and 73.1560 (Operating Power and Mode Tolerances). Denver, CO District Office (6/14/02). * Anastos Media Group, Saratoga Springs, NY. $7,000 NAL. Buffalo, NY Resident Agent Office (6/21/02). * 47 C.F.R. 73.51 Determining Operating Power * J4 Broadcasting of Cincinnati, Inc., Cincinnati, OH. $5,000 NAL. Other violation: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances). Detroit, MI District Office (6/20/02). * 47 C.F.R.
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- and Records), 73.1230 (Posting of Station Licenses) and 73.1870 (Chief Operator). San Francisco, CA District Office (12/17/01). * 47 C.F.R. 11.35 Equipment Operational Readiness * King Broadcasting Company, Roswell, NM, KBIM(AM) (Facility ID #34871). Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements), 73.158 (Directional Antenna Monitoring Points), 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System Inspections), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (12/18/01). * King Broadcasting Company, Roswell, NM, KBIM-FM (Facility ID #34854). Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (12/28/01). * Pilgrim Communications, Inc., Colorado Springs, CO (KWYD(AM),
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- 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, CA District Office (8/30/02). * 47 C.F.R. 73.1745 Unauthorized Operation * Tri-County Broadcasting, Inc., Lynchburg, VA. $4,000 NAL. Norfolk, VA Resident Agent Office
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- Arrow Communications of N.Y., Inc., WPIG(FM), WDHL(AM), Williamsport, PA. $8,000 NAL. Buffalo, NY Resident Agent Office (11/7/02). * Small Town Radio, Inc., WDGR(AM), Alpharetta, GA. $15,000 NAL. Other violation: 47 C.F.R. 73.49 (AM Transmission Fencing Requirement). Atlanta, GA District Office (11/13/02). * Pilgrim Communications, Inc., KWYD(AM), Colorado Springs, CO. $19,000 NAL. Other violations: 47 C.F.R. 73.1125 (Station Main Studio Location), 73.1560 (Operating Power and Mode Tolerances) and 73.1745 (Unauthorized Operation). Denver, CO District Office (11/20/02). * HBC License Corporation, licensee of Station KHOT-FM, Paradise Valley, Arizona and Station KHOV-FM, Wickenburg, Arizona. $ 8,000 NAL. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (11/29/02). 47 C.F.R. Part 17 Construction, Marking and Lighting of Antenna Structures *
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- C.F.R. 11.52 EAS Code and Attention Signal Monitoring Requirements * Mega Communications, Silver Spring, MD. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (1/22/02). * 47 C.F.R. 11.61 Tests of EAS Procedures * Quality Broadcasting Corp., Delray Beach, FL. Tampa, FL District Office (1/16/02). * Morgan State College, WEAA, Baltimore, MD. Other violations: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (1/22/02). 47 C.F.R. Part 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Truth Broadcasting Corp., Winston-Salem, NC. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting), 17.51 (Time When Lights Should
- http://transition.fcc.gov/eb/Public_Notices/DA-02-724A1.html
- 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, PA. Other violations: 47 C.F.R. 17.17 (Existing
- http://transition.fcc.gov/eb/Public_Notices/DA-02-929A1.html
- 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 Requirements). Philadelphia, PA District
- http://transition.fcc.gov/eb/Public_Notices/DA-03-1446A1.html
- 47 C.F.R. Part 11 Emergency Alert System (EAS) Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * Charles R. Meeker, KDPX-LP, Cathedral City, CA. $8,000 NAL. San Diego, CA District Office (1/31/03). * M.J. Phillips Communications, Inc., WJJL, Niagara Falls, NY. $10,000 NAL. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 17.4(a) (Antenna Structure Registration) and 73.1560 (Operating Power and Mode Tolerances). Buffalo, NY Resident Agent Office (1/28/03). * Pittman Broadcasting Services, L.L.C., KAOK(AM), KAOK-FM, Covington, Louisiana. $15,000 NAL. Other violation: 47 C.F.R. 73.49 (AM Transmission Fencing Requirements). New Orleans, LA District Office (2/14/03). * Victory & Power Ministries, Inc., WPFC, Baton Rouge, Louisiana. $25,000 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission Fencing Requirements) and 73.3526
- http://transition.fcc.gov/eb/Public_Notices/DA-03-404A1.html
- 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 Equipment Operational Readiness *
- http://transition.fcc.gov/eb/Public_Notices/da001311.doc http://transition.fcc.gov/eb/Public_Notices/da001311.html
- 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 of 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 11.61
- http://transition.fcc.gov/eb/Public_Notices/da001683.doc http://transition.fcc.gov/eb/Public_Notices/da001683.html
- Tests of National Level EAS Facilities) and 73.3526 (Public Inspection File). Atlanta, GA District Office (6/9/00). The ADD Radio Group, WNTY, Southington, CT. Other violations: 47 C.F.R. 17.4 (Antenna Structure Registration), 73.49 (AM Transmission System Fencing Requirements), 73.62 (AM Directional Antenna Field Strength Measurements), 73.158 (Directional Antenna Monitoring Points), 73.1125 (Station Main Studio Location), 73.1215 (Specifications for Indicating Instruments), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inspection File). Boston, MA District Office (6/12/00). Penfold Communications, Inc., KRTM(FM), Temecula, CA. San Diego, CA District Office (6/21/00). La Favorita, Inc., Austell, GA. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting). Atlanta, GA District Office (6/22/00).
- http://transition.fcc.gov/eb/Public_Notices/da001850.doc http://transition.fcc.gov/eb/Public_Notices/da001850.html
- 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 Birach Broadcasting Corp., Southfield,
- http://transition.fcc.gov/eb/Public_Notices/da002408.doc http://transition.fcc.gov/eb/Public_Notices/da002408.html
- Station License), 73.1590 (Equipment Performance Measurements) 73.1820(Station Log), and 73.3526 (Local Public Inspection File of Commercial Stations). Atlanta, GA District Office (9/7/00). Quetzal Bilingual Communications, Inc., AM Radio Station, KURS, San Diego, CA. Other violation 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (9/8/00). KRFE Radio, Inc., KRFE(AM), Lubbock, TX. Other violations: 47 C.F.R. 73.1560(Operating Power and Mode Tolerances), 73.1745(Unauthorized Operation), 73.1870(Chief Operators), 73.3526(Local Public Inspection File for Commercial Stations) and Terms of Station Authorization. Dallas, TX District Office (9/11/00). James K. Sharp d.b.a. 5th Ave. Broadcasting, Huntsville, AL. Other violations: 47 C.F.R. 73.51 (Determining Operating Power), 73.158 (Directional Antenna Monitoring Points), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1680 (Emergency Antennas),
- http://transition.fcc.gov/eb/Public_Notices/da002635.doc http://transition.fcc.gov/eb/Public_Notices/da002635.html
- Operation), 73.1590 (Equipment Performance Measurements), 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). Williams Communications, Inc., Birmingham, AL. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.267 (Determining Operating Power), 73.1226 (Availability to FCC of Station Logs and Records), 73.1560 Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), and 73.3526 (Local Public Inspection File for Commercial Broadcast Stations). Kansas City, MO District Office (10/10/00). AT&T Broadband, Pittsburgh, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), and 76.305(b) (Location of Records). Philadelphia, PA District Office (10/11/00). Mortenson Broadcasting, Lexington, KY, WPGR. Other violatios:
- http://transition.fcc.gov/eb/Public_Notices/da002855.doc http://transition.fcc.gov/eb/Public_Notices/da002855.html
- 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 Attention Signal Monitoring Requirements),
- http://transition.fcc.gov/eb/Public_Notices/da00520.doc http://transition.fcc.gov/eb/Public_Notices/da00520.html
- (1/13/00). 47 C.F.R. 1.89(b) (failure to respond to a NOV) La Favorita, Inc.. $4,000 NAL. Atlanta, GA Office (2/4/00). 47 C.F.R. 73.49 (failure to maintain effective locked fence around the base of each antenna having radio frequency potential at the base) Culpeper Broadcasting Corporation, WCVA, Culpeper, Virginia. $9,000 NAL. NAL also issued for violation of 47 C.F.R. 73.1560(a) (failure to maintain power within 90 to 105% of authorized power). Columbia, MD Office (2/7/00). ARS Broadcasting Corp., Shelbyville, Indiana. $7,000 NAL. Chicago, IL Office (2/8/00). Reier Broadcasting Company, Inc., licensee of KOBB(AM), Bozeman, Montana. $7,000 NAL. Seattle, WA Office (2/29/00). 47 C.F.R. 73.1560(a)(1) (operating power for AM stations) Betty's Communications Companies, Inc., St. Augustine, FL. $2,000 NAL. Tampa,
- http://transition.fcc.gov/eb/Public_Notices/da00813.doc http://transition.fcc.gov/eb/Public_Notices/da00813.html
- (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 Operational
- http://transition.fcc.gov/eb/Public_Notices/da00996.doc http://transition.fcc.gov/eb/Public_Notices/da00996.html
- Handbook) M.J. Phillips Communications, Inc., Niagara Falls, NY. NOV also issued for violation of 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 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1125 (Station Main Studio Location), 73.1560 (Operating Power and Mode Tolerances), 73.1820 (Station Log), and 73.3526 (Public Inspection File). Buffalo, NY Office (4/13/00). 47 C.F.R. 11.35 (Equipment Operational Readiness) AT&T Cable Services, McHenry, IL. NOV also issued for violation of 47 C.F.R. 11.61 and 76.305. Chicago, IL Office (4/3/00). 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements) Keyed Up Communications Company,
- http://transition.fcc.gov/eb/Public_Notices/da011019.doc http://transition.fcc.gov/eb/Public_Notices/da011019.html
- - EAS Operating Handbook The Board of Education, West Bloomfield School District, Orchard Lake, MI, WBLD-FM (West Bloomfield, MI). 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), 11.62 (Closed Circuit Tests of National Legal EAS Facilities), 73.1350 (Transmission System Operation), 73.1400 Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1660 (Acceptability of Broadcast Transmitters), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3527 (Local Public Inspection File for Noncommercial Stations). Detroit, MI District Office (3/9/01). Entravision Holdings, LLC, KBNT-LP San Diego, CA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements) and
- http://transition.fcc.gov/eb/Public_Notices/da01102.doc http://transition.fcc.gov/eb/Public_Notices/da01102.html
- 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. 1230 (Posting of Station
- http://transition.fcc.gov/eb/Public_Notices/da011314.doc http://transition.fcc.gov/eb/Public_Notices/da011314.html
- 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. 11.35 - Equipment Operational Readiness Corry Communications Corp, WEYZ, Northeast, PA. Other violations: 47 C.F.R. 73.1230 (Posting of Station License), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Buffalo, NY Resident Agent Office (4/4/01). Las Vegas Broadcasters, Inc., (KKVV, Las Vegas, NV), West Palm Beach, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.189 (Minimum Antenna Heights or Field Strength Requirements), 73.1350 (Transmission System Operation), 73.1560 (Operating Power
- http://transition.fcc.gov/eb/Public_Notices/da011644.doc http://transition.fcc.gov/eb/Public_Notices/da011644.html
- 73.3526 (Local Public Inspection File for Commercial Stations). Anchorage, AK Resident Agent Office (5/1/01). Lindsay Broadcasting, Garden Grove, CA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspections by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station License), 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). San Francisco, CA District Office (5/4/01). Rogers Communications, Inc., Cartersville, GA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1590 (Equipment Performance Measurements), 73.1820 (Station
- http://transition.fcc.gov/eb/Public_Notices/da012031.doc http://transition.fcc.gov/eb/Public_Notices/da012031.html
- (Cleaning and Repainting). Atlanta, GA District Office (7/3/01) CSN International, Gillette, WY, (KLWD-FM, Facility ID #84184). Denver, CO District Office (7/31/01). 47 C.F.R. 11.35 - Equipment Operation Readiness Marion R. Williams, WSTT(AM), Thomasville, GA. Other violations: 47 C.F.R. 73.44 (AM Transmission System Emissions Limitations), 73.49 (AM Transmission System Fencing Requirements), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments) and 73.1560 (Operating Power and Mode Tolerances).. Atlanta, GA District Offices (7/3/01). Champlain Radio, Inc., Champlain, NY. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.44 (AM Transmission System Emissions Limitations) and 73.1560 (Operating Power and Mode Tolerances). Buffalo, NY Resident Agent Office (7/17/01). Jamie Patrick Broadcasting, Ltd., KTRY-FM, Bastrop, LA. Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration),
- http://transition.fcc.gov/eb/Public_Notices/da012273.html http://transition.fcc.gov/eb/Public_Notices/da012273.pdf
- 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. Parnell, WNYZ570, Columbia, SC. Other violation: 47 C.F.R. 90.427 (Precautions Against Unauthorized Operation). Atlanta, GA District Office (8/16/01). * Statcom Communications Corp., WPPH856,
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- MI District Office (9/28/01). * 47 C.F.R. 11.35 Equipment Operational Readiness * EBC, Inc., McCook, KS. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.56 (Maintenance of Lighting Equipment), 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/12/01). * Promo Radio Corp., KMPG(AM), Hollister, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 73.1215 (Specifications for Indicating Instruments), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief
- http://transition.fcc.gov/eb/Public_Notices/da012818.html http://transition.fcc.gov/eb/Public_Notices/da012818.pdf
- (ASR #1210984). Portland, OR Resident Agent Office (10/12/01). * SpectraSite Communications, Inc., Cary, NC. (ASR # 1225030) Portland, OR Resident Agent Office (10/22/01). * 47 C.F.R. 17.57 Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal * St. Thomas More Broadcasting Assoc. WHHQ, Elizabethton, TN. Atlanta, GA District Office (10/4/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.1560 -- Operating Power and Mode Tolerances * Promo Radio Corp., KMPG(AM), Holliser, CA. Other violation: 47 C.F.R. 73.1590 (Equipment Performance Measurements). San Francisco, CA District Office (10/3/01). * 47 C.F.R. 73.1870 (Chief Operator) * Gold Coast Broadcasting Company, KCAQ(FM), Oxnard, CA. Los Angeles, CA District Office (10/1/01). 47 C.F.R. Part 76 Multichannel Video and Cable Television Service * 47 C.F.R.
- http://transition.fcc.gov/eb/Public_Notices/da012948.html http://transition.fcc.gov/eb/Public_Notices/da012948.pdf
- 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 of Station License), 73.1350
- http://transition.fcc.gov/eb/Public_Notices/da01711.doc http://transition.fcc.gov/eb/Public_Notices/da01711.html
- and 73.1230 (Posting of Station License). Atlanta, GA District Office (2/26/01). 47 C.F.R. 11.35 - Equipment Operational Readiness WADV Radio, Inc, Birdsboro, PA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Numbers), 73.51 (Determining Operating Power), 73.1201 (Station Identification), 73.1350 Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations), Philadelphia, PA District Office (2/12/01). AT&T Broadband, Kalispell, Montana. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 76.305 (Records to be Maintained Locally by Cable System Operators for Public Inspection). Seattle, WA District Office (2/13/01). AT&T Broadband,
- http://transition.fcc.gov/fcc-bin/audio/DA-11-1535A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-1535A1.pdf
- both audio quality and licensed coverage areas. Such technologies, known generally as Modulation Dependent Carrier Level (``MDCL'') control technologies or algorithms, have long been used by international broadcasters operating high-powered AM transmitters. Easier implementation of MDCL algorithms and higher energy costs have recently made these techniques more attractive to domestic broadcasters. Use of MDCL technologies requires a waiver of Section 73.1560(a) of the Commission's Rules, which sets upper and lower limits for an AM station's operating power. We hereby establish procedures for AM broadcasters to seek a rule waiver in order to use energy-saving MDCL technologies. Transmitter manufacturers have developed different techniques to reduce carrier power as the audio content varies. During the 1980s, several European broadcasting and manufacturing concerns developed
- http://transition.fcc.gov/fcc-bin/audio/FCC-95-412A1.pdf
- such consequence as to require specification in the rules. 23. The intended effect of proposed Section 73.1350(c)(2) seems to have been misunderstood by the commenters. It was intended merely as a clarification of long-standing policy and not as a change in measurement procedure or as an effective change in operating tolerances. An example should suffice to illustrate the objective. Section 73.1560 requires that a station's power be maintained as near as practicable to the authorized value and may not be less than 90% nor more than 105% of the authorized value for AM and FM stations. Thus, for an AM station authorized 1.000 watts, the maximum permissible output power is 1.050 watts, which is the absolute limit. The proposed rule merely
- http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
- [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 and mode tolerances. [511]TEXT [512]PDF 73.1570 Modulation levels: AM, FM, TV and Class A TV aural. [513]TEXT [514]PDF 73.1580 Transmission system inspections. [515]TEXT [516]PDF 73.1590 Equipment performance measurements. [517]TEXT [518]PDF 73.1610 Equipment tests. [519]TEXT [520]PDF 73.1615 Operation during modification of facilities. [521]TEXT [522]PDF 73.1620 Program tests. [523]TEXT [524]PDF 73.1635 Special temporary authorizations (STA). [525]TEXT [526]PDF 73.1650 International agreements.
- http://transition.fcc.gov/fcc-bin/audio/index.html
- 2012. [ [68]PDF | [69]Word ]. Appendix A: [ [70]PDF | [71]Excel ]. Appendix B: [ [72]PDF | [73]Excel ]. Adopted processing policy for pending Auction No. 83 FM translator applications in a manner that implements Section 5 of the Local Community Radio Act. Modulation Dependent Carrier Level (MDCL) Waiver Requests - AM station licensees seeking a waiver of Section 73.1560(a) of the Commissions Rules pursuant to the procedures set forth in Public Notice [74]DA 11-1535 (September 13, 2011) in order to employ MDCL technology should e-mail a copy of the waiver request, preferably in PDF format, to [75]Susan.Crawford@fcc.gov. May 17, 2010 Guidance Provided to FM Licensees Regarding Operations with Increased Digital Power (MM Docket No. 99-325), Public Notice, [76]MM Docket
- http://transition.fcc.gov/mb/audio/index.html
- 2012. [ [68]PDF | [69]Word ]. Appendix A: [ [70]PDF | [71]Excel ]. Appendix B: [ [72]PDF | [73]Excel ]. Adopted processing policy for pending Auction No. 83 FM translator applications in a manner that implements Section 5 of the Local Community Radio Act. Modulation Dependent Carrier Level (MDCL) Waiver Requests - AM station licensees seeking a waiver of Section 73.1560(a) of the Commissions Rules pursuant to the procedures set forth in Public Notice [74]DA 11-1535 (September 13, 2011) in order to employ MDCL technology should e-mail a copy of the waiver request, preferably in PDF format, to [75]Susan.Crawford@fcc.gov. May 17, 2010 Guidance Provided to FM Licensees Regarding Operations with Increased Digital Power (MM Docket No. 99-325), Public Notice, [76]MM Docket
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000380.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000380.txt
- April 7, 1999, by Buchanan Broadcasting Company, Inc. (``Buchanan''), licensee of Station WJNT(AM), Jackson, Mississippi. Buchanan seeks reconsideration of the Forfeiture Order released March 22, 1999, in which the Director, Legal Services Group, of the former Compliance and Information Bureau (``CIB'') found it liable for a monetary forfeiture in the amount of $10,000 for willful and/or repeated violations of Sections 73.1560(a)(1), 73.1745(a) and 73.49 of the Commission's Rules (``the Rules''), 47 C.F.R. 73.1560(a)(1), 73.1745(a) and 73.49, and the terms of Station WJNT's authorization. For the reasons discussed below, we will grant the petition in part and reduce the monetary forfeiture amount to $9,000. BACKGROUND 2. In response to a complaint about Station WJNT's operations, on March 17 and 18, 1998,
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000814.doc
- (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 Operational
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001499.doc
- Virginia ) FORFEITURE ORDER Adopted: July 5, 2000 Released: July 6, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Culpeper Broadcasting Corporation (``Culpeper''), licensee of AM station WCVA, Culpeper, Virginia, for willful violation of the provisions of Sections 73.49 and 73.1560(a) of the Commission's Rules (``the Rules''). The noted violations involve Culpeper's failure to maintain an effective locked fence around the base of the WCVA antenna, and failure to maintain transmitter power between 90% and 105% of that authorized for WCVA. 2. On February 7, 2000, the Enforcement Bureau's Columbia, Maryland Field Office, issued a Notice of Apparent Liability for Forfeiture
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000520.doc
- (1/13/00). 47 C.F.R. 1.89(b) (failure to respond to a NOV) La Favorita, Inc.. $4,000 NAL. Atlanta, GA Office (2/4/00). 47 C.F.R. 73.49 (failure to maintain effective locked fence around the base of each antenna having radio frequency potential at the base) Culpeper Broadcasting Corporation, WCVA, Culpeper, Virginia. $9,000 NAL. NAL also issued for violation of 47 C.F.R. 73.1560(a) (failure to maintain power within 90 to 105% of authorized power). Columbia, MD Office (2/7/00). ARS Broadcasting Corp., Shelbyville, Indiana. $7,000 NAL. Chicago, IL Office (2/8/00). Reier Broadcasting Company, Inc., licensee of KOBB(AM), Bozeman, Montana. $7,000 NAL. Seattle, WA Office (2/29/00). 47 C.F.R. 73.1560(a)(1) (operating power for AM stations) Betty's Communications Companies, Inc., St. Augustine, FL. $2,000 NAL. Tampa,
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000813.doc
- (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 Operational
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000996.doc
- Handbook) M.J. Phillips Communications, Inc., Niagara Falls, NY. NOV also issued for violation of 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 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1125 (Station Main Studio Location), 73.1560 (Operating Power and Mode Tolerances), 73.1820 (Station Log), and 73.3526 (Public Inspection File). Buffalo, NY Office (4/13/00). 47 C.F.R. 11.35 (Equipment Operational Readiness) AT&T Cable Services, McHenry, IL. NOV also issued for violation of 47 C.F.R. 11.61 and 76.305. Chicago, IL Office (4/3/00). 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements) Keyed Up Communications Company,
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001311.doc
- 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 of 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 11.61
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.doc http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.html
- Tests of National Level EAS Facilities) and 73.3526 (Public Inspection File). Atlanta, GA District Office (6/9/00). The ADD Radio Group, WNTY, Southington, CT. Other violations: 47 C.F.R. 17.4 (Antenna Structure Registration), 73.49 (AM Transmission System Fencing Requirements), 73.62 (AM Directional Antenna Field Strength Measurements), 73.158 (Directional Antenna Monitoring Points), 73.1125 (Station Main Studio Location), 73.1215 (Specifications for Indicating Instruments), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inspection File). Boston, MA District Office (6/12/00). Penfold Communications, Inc., KRTM(FM), Temecula, CA. San Diego, CA District Office (6/21/00). La Favorita, Inc., Austell, GA. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting). Atlanta, GA District Office (6/22/00).
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001850.doc
- 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 Birach Broadcasting Corp., Southfield,
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002408.doc
- Station License), 73.1590 (Equipment Performance Measurements) 73.1820(Station Log), and 73.3526 (Local Public Inspection File of Commercial Stations). Atlanta, GA District Office (9/7/00). Quetzal Bilingual Communications, Inc., AM Radio Station, KURS, San Diego, CA. Other violation 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (9/8/00). KRFE Radio, Inc., KRFE(AM), Lubbock, TX. Other violations: 47 C.F.R. 73.1560(Operating Power and Mode Tolerances), 73.1745(Unauthorized Operation), 73.1870(Chief Operators), 73.3526(Local Public Inspection File for Commercial Stations) and Terms of Station Authorization. Dallas, TX District Office (9/11/00). James K. Sharp d.b.a. 5th Ave. Broadcasting, Huntsville, AL. Other violations: 47 C.F.R. 73.51 (Determining Operating Power), 73.158 (Directional Antenna Monitoring Points), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1680 (Emergency Antennas),
- http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
- 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 Agreement
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
- of Class A TV stations may not exceed the values specified in section 74.761 of this chapter. Provided, however, Class A TV stations licensed to operate with a maximum effective radiated power greater than the value specified in their initial Class A TV station authorization must comply with paragraph (c) of this section. * * * * * 22. Section 73.1560 is amended to read as follows: 73.1560 Operating power and mode tolerances. * * * * * (c) TV stations. (1) Except as provided in paragraph (d) of this section, the visual output power of a TV or Class A TV transmitter, as determined by the procedures specified in Sec. 73.664, must be maintained as near as is practicable
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990323.html
- U S West's Transmittal No. 975 for one day and made it subject to the investigation of Transmittal No. 965. Dkt No.: CC- 99-35. Action by Chief, Competitive Pricing Division. Adopted: March 22, 1999. by MO&O. (DA No. 99-560). CCB BUCHANAN BROADCASTING COMPANY, INC. PEARL, MS. Reduced forfeiture issued to Buchanan to $10,000 for willful and/or repeated violations of Sections 73.1560(a)(1), 73.1745(a) and 73.49 of Rules. Action by Director, Legal Services Group. Adopted: March 18, 1999. by Forfeiture Order. (DA No. 99-552). CIB Internet URL: [12]http://www.fcc.gov/Bureaus/Compliance/Orders/1999/da990552.wp REVIEW OF THE FCC'S BROADCAST AND CABLE EEO RULES. Extended reply comment date to April 15. Dkt No.: MM- 98-204, MM- 96-16. Action by Chief, Mass Media Bureau. Adopted: March 22, 1999. by Order. (DA
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050902.html
- importing RF devices without declaring an import condition. Action by: Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau. Adopted: 08/31/2005 by LETTER. (DA No. 05-2394). EB [50]DA-05-2394A1.doc [51]DA-05-2394A2.doc [52]DA-05-2394A1.pdf [53]DA-05-2394A2.pdf [54]DA-05-2394A1.txt [55]DA-05-2394A2.txt PILGRIM COMMUNICATIONS, INC. Denied the Petition for Reconsideration. Notified Pilgrim Communications, Inc. of a monetary forfeiture in the amount of $11,000 for willful and repeated violation of Sections 73.1125(a), 73.1560(a) and 73.1745(a) of the FCC's rules. Action by: Acting Chief, Enforcement Bureau. Adopted: 08/26/2005 by MO&O. (DA No. 05-2234). EB [56]DA-05-2234A1.doc [57]DA-05-2234A1.pdf [58]DA-05-2234A1.txt PILGRIM COMMUNICATIONS, INC. Denied the Petition for Reconsideration. Notified Pilgrim Communications, Inc. of a monetary forfeiture in the amount of $19,000 for willful and repeated violations of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060810.html
- Official Citation to Digital innovations, L.L.C. for marketing two non-compliant radio frequency devices in the United States. Action by: Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau. Adopted: 08/08/2006 by LETTER. (DA No. 06-1607). EB [17]DA-06-1607A1.doc [18]DA-06-1607A1.pdf [19]DA-06-1607A1.txt M.B. COMMUNICATIONS, INC. Denied the petition for reconsideration. Imposed a forfeiture in the amount of $11,000 to M.B. Communications for violations of Sections 73.1560(a)(1), 73.1745(a), and 73.49 of the Commission's rules ("Rules"). Action by: Chief, Enforcement Bureau. Adopted: 08/08/2006 by MO&O. (DA No. 06-1604). EB [20]DA-06-1604A1.doc [21]DA-06-1604A1.pdf [22]DA-06-1604A1.txt JASON L. DUNCAN. Issued a monetary forfeiture in the amount of $10,000 to Jason L. Duncan for operating an unlicensed radio transmitter in violation of Section 301 of the Communications Act of 1934, as amended. Action
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237610A1.html
- for monetary forfeiture issued 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 rules, 47 C.F.R. 1.80, to Betty's Communications Companies, Inc., licensee of AM Broadcast Station WKLN, for willful and repeated violation of the Terms of Station Authorization for operating at night without authorization and Section 73.1560(a)(1), of the Rules 47 C.F.R. 73.560(a)(1) for using a power level in excess of its authorized power. 2. The appropriate amount of forfeiture for this violation is determined to be $2,000.00. II. BACKGROUND 3. On January 15, 1999 and again on May 3, 1999, agents from the Federal Communications Commission's ( Commission) Enforcement Bureau, Tampa District Office, conducted field strength
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237638A1.html
- 20, 2002 By the District Director, Denver Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KWYD in Colorado Springs, Colorado, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules ("Rules").1 Specifically, we find Pilgrim apparently liable for failing to have Emergency Alert System ("EAS") equipment operational, failing to maintain the requisite main studio presence, failing to maintain power levels between 90% and 105% of authorized power levels and exceeding the authorized nighttime power level at station KWYD. II. BACKGROUND 2. During routine station
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237660A1.html
- Office I. INTRODUCTION 1. This is a Notice of Apparent Liability for monetary forfeiture issued 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, to Culpeper Broadcasting Corporation, licensee of WCVA, Culpeper, Virginia for willful violation of Sections 73.49 and 73.1560(a) of the Rules, 47 C.F.R. 73.49, failure to maintain effective locked fence around the base of each antenna having radio frequency potential at the base, and 73.1560(a), failure to maintain power within 90% to 105% of authorized. The appropriate amount of forfeiture for this violation is determined to be nine thousand dollars ($9,000). II. BACKGROUND 2. Station WCVA, licensed to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237822A1.html
- 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; make
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237903A1.html
- 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 a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. On August 24, 2001, the Federal Communication Commission (``FCC'') San Francisco Office received a
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237919A1.html
- white and red painted sections of the structure. The condition of the paint reduced the visibility of the tower. The agents further determined that the antenna structure was not registered with the Commission. 6. On July 17, 2002, the Columbia Office issued a Notice of Violation to Grass Roots for violation of Sections 11.52(d), 11.61(d), 17.4(a)(2), 17.50, 73.1125(a), 73.1225(d)(1), 73.1545(a), 73.1560(b), 73.1590(b), 73.3526(b) and 73.3526(e)(12) of the Rules2. In response by letter dated August 5, 2002, Grass Roots stated that the antenna registration issue had been brought to its attention by an FCC inspector in December 2001 and that an FAA study, required before the structure can be registered, commenced on June 20, 2002. Grass Roots stated the previous owner had
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237962A1.html
- 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 and operating with an improper mode of operation. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),2 that King is apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000). II. BACKGROUND 2. On December 8, 2000, the Federal Communications Commission's ("FCC")
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237967A1.html
- 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 improper mode of operation. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),3 that Ramh is apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000). II. BACKGROUND 2. On December 5, 2000, the Federal Communications Commission's ("FCC") Denver
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238207A1.html
- KZEE ) NAL/Acct. No. 200232500003 Weatherford, TX ) FRN 0006-7721-56 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 24, 2002 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Tarrant Radio Broadcasting, Inc. (``Tarrant''), licensee of AM broadcast station KZEE in Weatherford, Texas, willfully and repeatedly violated Section 73.1560(a)(1) of the Commission's Rules (``Rules'')1 by operating station KZEE with an antenna input power at a level more than 105% of authorized power. We conclude that Tarrant is apparently liable for forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On November 8 and 11, 2001, the Commission received complaints alleging that station KZEE(AM) in Weatherford, Texas
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238220A1.html
- 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 not receive
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238236A1.html
- authorizations posted so they are readily available and easily accessible, failure to have sufficient transmission system monitoring and control capability, failure to maintain the input power at no less than 90%, failure to maintain a station log, and failure to have a designated chief operator. The NOV cited Rego for non-compliance with Sections 11.35(a), 11.61(a)(1)(v),. 11.61(a)(2)(i)(A), 73.54(d), 73.1230(b), 73.1350(b)(2), 73.1400(a)(1)(ii), 73.1560(a)(1), 73.1800(a), and 73.1870(a) of the Rules.3 5.On May 1, 2001, the Chicago office received a response to the NOV from the Law Offices of Keller and Heckman, LLP, Rego's legal representatives. In their reply, they acknowledged the various oversights and discrepancies associated with the station. However, they stated at the time of the inspection Rego was in the process of
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- Jtronics Corporation, Buffalo, Missouri, to paint the KYOO antenna for an estimated cost of $1,200.00 with work scheduled the third week in March. 6. Section 73.1350(c)(1) states that ``The licensee must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with 73.1215. 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...''4 At the time of inspection the licensee had not established any schedules for monitoring or calibration of required station equipment. Mr. Paris stated that the Sine Systems remote control system would call him by telephone if an out-of-tolerance condition occurred. However, at the time of inspection the
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- 2001 By the District Director, Seattle Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Palouse Country, Inc., licensee of radio broadcast station KMAX (AM) in Colfax, Washington has apparently violated Section 503(b) of the Communications Act of 1934, as amended (``Act'')1 and has apparently willfully and repeatedly violated Sections 73.1400(a)(1)(ii), 73.1560(a), 73.1580, and 73.1870(c)(3) of the Commission's Rules2 by operating the station without required monitors, operating in non-compliance with the station license regarding power, failing to perform periodic complete inspections of the transmitting system, and failing to provide verification that the station has been operating as required by the Rules or the station authorization with appropriate log entries in the station
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- ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY shall be sent by Certified Mail, Return Receipt Requested, to Cornbelt Broadcasting Co., RR2 Box 117M, Clinton, Illinois 61727-9518. 20. 21. FEDERAL COMMUNICATIONS COMMISSION 22. 23. 24. G. Michael Moffitt District Director Chicago Office _________________________ 1 47 C.F.R. 11.35(a), 17.4(g), and 73.49. 2 47 C.F.R. 73.51, 73.1870(a), 73.3526(e)(5), 73.3526(e)(8), 73.3526(e)(73.51(e)(2), 73.1560(d), and 73.1590(a)(6) 3 47 C.F.R. 1.80. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to 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 any provision of
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- the Rules in that Radio One failed to maintain a toll free number for WBOT from May to September 2000. Considering the nature and duration of the violation, we believe a forfeiture of $1,000 is warranted. 11. Section 73.1350(c)(1) of the Rules states that monitoring procedures and schedules must be established to enable the licensee to determine compliance with Section 73.1560 regarding operating power, and other operating parameters. On the day of inspection, there was no indication that this station was being monitored to determine compliance with operating parameters. The station was found operating beyond tolerance of the authorized power. 12. Section 73.1800(a) of the Rules states that the licensee of each station must maintain a station log as required by
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- Cincinnati, Ohio ) ) FRN: 0004-2892-60 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 20, 2002 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that J4 Broadcasting of Cincinnati, Inc., (?J4?), the licensee of radio station WCIN (?WCIN?), Cincinnati, Ohio, has apparently violated Sections 73.51(e)(2) and 73.1560(a)(1) of the Commission's Rules (?Rules?)1. Respectively, these sections require the station maintain a record of the efficiency factor ?F? in the station records and operate with power not in excess of 105% of the authorized power. We conclude that J4 is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. BACKGROUND 2. On September 19,
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- 2001 N. 3rd Street, Suite 102 ) Phoenix, AZ 85004 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 30, 2002 By the Enforcement Bureau: San Diego Office I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find the North American Broadcasting Company, Inc.,1 licensee of radio station KFNX(AM) Cave Creek, Arizona, has apparently willfully violated Section 73.1560(a)(1) of the Federal Communications Commission's (``FCC'') Rules and Regulations (``Rules'')2 by failing to reduce transmitter output power in accordance with their station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 that North American Broadcasting Company, Inc., is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND
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- Released: November 20, 2002 By the District Director, Denver Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KSKE in Vail, Colorado, apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules (``Rules'').1 Specifically, we find Pilgrim apparently liable for failing to maintain the requisite main studio presence at station KSKE, and failing to maintain power levels between 90% and 105% of authorized power levels and exceeding the authorized nighttime power level at station KSKE. II. BACKGROUND 2. During routine station inspections in the spring and
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- York ) 200332280004 ) FRN: 0004-9421-24 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 28, 2003 By the Resident Agent, Buffalo Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that M.J. Phillips Communications, Inc (``Phillips''), licensee of radio station WJJL, Niagara Falls, New York, apparently violated Sections 11.35(a), 11.52(d), 17.4(a), and 73.1560(a)(1)1 of the Commission's Rules (``Rules'') by failing to determine cause of any failure to receive the required EAS tests or activations and make the appropriate log entries, failing to monitor two EAS sources, failing to register the antenna structure, and failing to maintain operating power within 105 % of the authorized power. We conclude that Phillips is apparently liable for
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- a remote control system, commonly known as a ``dial-up" system, consisting of an automatic telephone answering device at the transmitter which controls the transmitter by responding to commands given by telephone touch-tone keys. At the start of the inspection, this system was not functioning because the unit at the transmitter would not answer the incoming telephone call. 2.c. 47 C.F.R. 73.1560(b): ``FM Stations. Except as provided in paragraph (d) of this section, the transmitter output power of an FM station, with output power as determined by the procedures specified in 73.267, which is authorized for output power more than 10 watts must be maintained as near as practicable to the authorized transmitter output and may not be less than 90% nor
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- base (series fed, folded unipole, and insulated base antennas) must be enclosed within effective locked fences or other enclosures.'' The fence enclosing antenna tower #31036444, WCHN, has heaved and/or the soil under the fence has eroded over time, leaving a space between the bottom of the fence and the ground allowing unimpeded access to the live tower. 2.b. 47 C.F.R. 73.1560 (a)(1). ``Except as provided for in paragraph (d) of this section, the antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The agent observed the following
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- By the Enforcement Bureau, Norfolk Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find First Media Radio, LLC (``First Media''), licensee of AM radio station WWDR, and FM radio station WDLZ, Murfreesboro, North Carolina, apparently liable for a forfeiture in the amount of six thousand dollars ($6,000) for willful and repeated violation of Sections 73.1560(a)(1) and 73.3526(c)(1) of the Commission's Rules (``Rules'').1 Specifically, we find First Media apparently liable for operating AM radio station WWDR in excess of authorized power and for failing to make available for inspection the complete public inspection file. II. BACKGROUND 2. First Media Radio, LLC is the licensee of WWDR and WDLZ. WWDR and WDLZ are authorized to broadcast in
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- 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 RBC is apparently liable for forfeiture in the amount of sixteen thousand dollars ($16,000). II. BACKGROUND 2. RBC is the licensee of KOBB-FM and KZLO-FM, Bozeman, Montana. RBC is
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- Penn Yan, New York ) FRN: 0000012005 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 25, 2004 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that M. B. Communications, Inc., licensee of radio station WYLF, has apparently willfully and repeatedly violated Sections 73.49, 73.1560(a)(1), and 73.1745(a) of the Commission's Rules (the ``Rules'')1 by failing to enclose the WYLF tower within an effective locked fence or other enclosure and by operating with excessive power during daytime, postsunset and nighttime hours We conclude that M.B. Communications, Inc. is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). II.BACKGROUND 2. On February 2,
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- Paragraphs 1,3,11,21. Paragraph 1 requires painting with alternate bands of aviation orange and white, and Paragraphs 3 and 11 requires red obstruction lighting. During the inspection, the agent observed that antenna structures 1237030 and 1237033 did not conform to these specifications. The structures were painted, but were not equipped with red obstruction lighting for nighttime as required. 5.b. 47 C.F.R. 73.1560(a)(2): ``Whenever the transmitter of an AM station cannot be placed into the specified operating mode at the time required, transmissions of the station must be immediately terminated. However, if the radiated field at any bearing or elevation does not exceed that permitted for that time of day, operation in the mode with the lesser radiated field may continue under the
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- MN ) FRN 0010170587 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 1, 2005 By the Resident Agent, St. Paul Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ingstad Brothers Broadcasting, LLC ("Ingstad"), licensee of AM station KCHK in New Prague, Minnesota, apparently willfully and repeatedly violated Section 73.1560(a) of the Commission's Rules ("Rules")1 by failing to maintain the antenna input power of an AM station as near as is practical to the authorized antenna input power. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),2 that Ingstad is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II.
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- broadcasting from a location more than 0.8 km from its authorized coordinates. In addition, at the time of inspection, the station's chief operator did not know how to determine or how to control the station's operating power, nor did she know how to stop transmissions. In addition, the station had not established monitoring procedures and schedules to determine compliance with 73.1560 regarding operating power and 73.1570 regarding modulation levels. 2.f. 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 output power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating at 141% of its
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- establish monitoring procedures and schedules for the station...'' Although the Commission authorized Station WBTE(AM) to broadcast from latitude 35 58' 00" North and longitude 076 56' 54" West (NAD27), the station was actually broadcasting from a location more than 0.5 km from its authorized coordinates. In addition, the station had not established monitoring procedures and schedules to determine compliance with 73.1560 regarding operating power and 73.1570 regarding modulation levels. 2.b. 47 C.F.R. 73.1560(a)(1): ``...]T]he antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The Commission authorized
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- Office of the Enforcement Bureau inspected radio station WSRC(AM) located in Durham, 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 from January 1, 2005 to March 9, 2005. b. 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 reduced power for a period of not more than 30 days without specific authority from the FCC....If causes beyond the control of the licensee prevent restoration of the authorized power within 30 days, a request for Special Temporary Authority must be made
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- 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 output power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating at 38.4% of its authorized transmitter output power. 3. Pursuant to Section 308(b) of the Communications
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- State EAS Plan and FCC Mapbook.'' The station was monitoring only one broadcast source. 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.'' No EAS tests were being sent by the station. A station employee stated that the weekly tests were not being sent. 2.c. 47 C.F.R. 73.1560(a)(1): ``...[T]he antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The station was operating at 60% power. The station management could not say how long
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- at all times...(c) [t]he licensee must establish monitoring procedures and schedules for the station...'' At the time of inspection, the station's chief operator did not know how to determine or how to control the station's operating power, nor did she know how to stop transmissions. In addition, the station had not established monitoring procedures and schedules to determine compliance with 73.1560 regarding operating power and 73.1570 regarding modulation levels. 2.f. 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 output power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating at 148% of its
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- Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to KJI Broadcasting, licensee of AM station WBET in Brockton, MA. 2. On, April 21, 2005, agents of the Commission's Boston Office inspected radio station WBET located at Brockton, MA , and observed the following violations: 2.a. 47 C.F.R. 73.1560(a)(1): ``The antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The antenna input power was observed to be 4030 Watts which is less than 90%
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- 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 reduced power for a period of not more than 30 days without specific authority from the FCC....If causes beyond the control of the licensee prevent restoration of the authorized power within 30 days, a request for Special Temporary Authority must be made
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- (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 of an AM directional antenna system. (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
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- from the Smith mailbox.'' There is no longer a mailbox with the name Smith. (2) The description for the 130 monitoring point indicates ``...go 150 feet to a line of trees at the west property line of No. 4373.'' The picture in the proof of performance shows the trees at the east property line of No. 4373. e. 47 C.F.R. 73.1560(a)(1): ``...the antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' At the time of inspection, the station was operating with 111% of the authorized power of
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- 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 503(b) of the Communications Act of 1934, as amended (``Act''),3 that West Coast is apparently liable for forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. On March 14, 2005, resident agents from the Commission's
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- State EAS Plan and FCC Mapbook.'' The station was monitoring only one broadcast source. 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.'' No EAS tests were being sent by the station. A station employee stated that the weekly tests were not being sent. 2.c. 47 C.F.R. 73.1560(a)(1): ``...[T]he antenna input power of an AM station as determined by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The station was operating at 60% power. The station management could not say how long
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- FRN: 0006151708 Facility ID # 173 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 18, 2005 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Willis Broadcasting Corporation (``Willis''), licensee of station WURB(FM) in Windsor, North Carolina, apparently willfully violated Sections 73.1560(b) and 73.3526(a) of the Commission's Rules (``Rules'')1 by operating overpower and failing to make its complete public inspection file available for inspection during regular business hours. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Willis is apparently liable for forfeiture in the amount of six thousand dollars ($6,000). II. BACKGROUND 2. On
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- FRN 0009042896 Facility ID # 172 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 18, 2005 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Willis Broadcasting Corporation (``Willis''), licensee of AM station WBTE in Windsor, North Carolina, apparently willfully violated Sections 73.1560(a)(1) and 73.3526(c) of the Commission's Rules (``Rules'')1 by failing to maintain its authorized antenna input power and failing to make material required to be in the public file available for inspection. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Willis is apparently liable for a forfeiture in the amount of ten thousand
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- authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.'' Kevin Fitzgerald, the Chief Operator of WCOZ, failed to sign and date the station logs at least once a week. 2.b. 47 C.F.R. 73.1560(b): ``[T]he transmitter power output of an FM station, with power output as determined by the procedures specified in 73.267, which is authorized for output power more 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
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- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to DBM Communications., licensee of radio station WLSV, Wellsville, New York. 2. On August 25, 2006, an agent of the Enforcement Bureau's Buffalo Resident Agent Office inspected the radio station WLSV located in Wellsville, New York and observed the following violation: 47 C.F.R. S Section 73.1560 (a): "The antenna input power of an AM station as determined by the procedures specified in S 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power." According to the station's operating log, the station exceeded the authorized antenna input
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- Facility ID #61601 ) FRN. 0006 5575 99 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 5, 2006 By the District Director, Boston Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Anastos Media Group, Inc. ("Anastos"), licensee of AM broadcast station WPEP, Taunton, Massachusetts, apparently willfully and repeatedly violated Section 73.1560(a)(1) of the Commission's Rules ("Rules") by failing to reduce the station's power to its nighttime power levels, in direct contravention of the terms of its station authorization. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Anastos is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND
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- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 22, 2006 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Gold Coast Radio, LLC ("Gold Coast"), licensee of station KMLA, an FM broadcast station serving El Rio, California, apparently repeatedly violated Section 73.1560(b) of the Commission's Rules ("Rules") by operating its transmitter at a power level exceeding 105% of that authorized by its license. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Gold Coast is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On August 29, 2006,
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- Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules ("Rules") to Gamma Community Services Corp., licensee of radio station WJDZ, Pastillo, Puerto Rico. 2. On January 24, 2007, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected the transmitter of FM station WJDZ and observed the following violation: a. 47 C.F.R. S 73.1560(b): "FM stations. Except as provided in paragraph (d) of this section, the transmitter output power of an FM station, with power output as determined by the procedures specified in Sec. 73.267, which is authorized for output power more than 10 watts must be maintained as near as practicable to the authorized transmitter output power and may not be less than
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- below carrier level." At 7:15pm on February 15, 2007, a spurious emission from KLFJ was observed on 1700 kHz (150 kHz removed from 1550 kHz) that was attenuated approximately 20 dB below the KLFJ carrier level. During the inspection, the station engineers stated this was a known and ongoing condition that had been occurring for several months. e. 47 C.F.R. S73.1560: "[T]he antenna input power of an AM station ... must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power." At the time of inspection, the antenna current metering for the daytime power for KLFJ indicated 10.1 amps. This corresponds to an
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- 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 the station did not have effective control of the transmitter. c. 47 C.F.R. S 73.1560 (b): "FM stations operating with authorized transmitter output power of 10 watts or less, may operate at less than the authorized power, but not more than 105% of the authorized power." The Special Temporary Authority issued on January 10, 2007, specified a transmitter power output of 9.3 watts. During the inspection, the transmitter output power was measured at 12.5 watts,
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- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 20, 2007 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Viva Communications Group, LLC ("Viva"), licensee of AM radio station WSDE, Cobleskill, New York , has apparently willfully and repeatedly violated Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12), of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System ("EAS") equipment, failing to sign off at local sunset time, failing to maintain daytime operating power at more than 90% of the authorized power, and failing to maintain a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of
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- of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to D-Mitch Broadcasting, Inc., licensee of radio station WBSC AM in Bennettsville, South Carolina. 2. On April 8, 2008, agents of the Commission's Atlanta Office of the Enforcement Bureau inspected AM radio station WBSC located at Bennettsville, South Carolina, and observed the following violation(s): a. 47 C.F.R. S:S: 73.1560(a) & (d): The station's antenna input power must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power. Also, if it becomes technically impossible to operate the station at authorized power, the station may operate at reduced power for not more than 30
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- EAS header and EOM codes at least once a week at random days and times. ... (b) Entries shall be made in EAS Participant records, as specified in S:S:11.35(a) and 11.54(b)(13)." At the time of inspection, there were EAS Participant records available and no record that KSEY-FM had sent or received any tests at any time. c. 47 C.F.R. S:S: 73.1560(a) & (d): "The station's antenna input power must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power. Also, if it becomes technically impossible to operate the station at authorized power, the station may operate at reduced power for not more than 30
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- 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 July 7, 1997. d. 47 C.F.R. S:S: 73.1560(a) and (d): "The station's antenna input power must be maintained as near as practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power." At the time of inspection, WVPO was operating with a transmitter output power of 115 Watts or 46% of that authorized. e. 47 C.F.R. S:
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- 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Fajardo Broadcasting Co., Inc. WYQE, Naguabo, PR. 2. On October 1, 2009, an agent of the Commission's San Juan Office of the Enforcement Bureau inspected radio station WYQE located in Naguabo, Puerto Rico, and observed the following violation(s): a. 47 C.F.R. S: 73.1560(b): "Except as provided in paragraph (d) of this section, the transmitter output power of an FM station, with power output as determined by the procedures specified in Sec. 73.267, which is authorized for output power more than 10 watts must be maintained as near as practicable to the authorized transmitter output power and may not be less than 90% nor
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- minutes. The personnel designated by the licensee to control the transmitter must have the capability to turn the transmitter off at all times, or include an alternate method of taking control of the transmitter which can terminate the station's operation within 3 minutes. g. 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." On the day of inspection, the chief operator stated that the field strength measurements have not been verified in over two years indicating that there was
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- 73.1745(a): "No broadcast station shall operate at times, or with modes or power, other than those specified and made a part of the license..." On the evening of August 18, 2009, the station did not reduce power at critical hours and remained on the air with daytime power levels during nighttime hours for over forty-five minutes. f. 47 C.F.R. S: 73.1560(a): "[T]he 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 than 105% of the authorized power." During daytime hours, the station was being operated between 55% and 65% of the authorized power. 3. Pursuant to Section 308(b) of the Communications Act
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- in the station records." The licensee was not determining the station's operating power by the direct method, and had been determining power indirectly for a long time. There was no recorded value of "F" (efficiency factor) available at the station and no logs indicating when the station commenced determination of operating power by the indirect method. c. 47 C.F.R. S: 73.1560(a): "[T]he 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 than 105% of the authorized power." The station's daytime power level was 80% of the authorized power. d. 47 C.F.R. S: 73.1745(a): "No broadcast station shall operate at times, or with
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- New Millennium Communications Group, Inc. ("New Millennium"), the licensee of AM radio station WZSK in Everett, Pennsylvania. This Notice may be combined with a further action, if further action is warranted. 2. On January 20, 2010, an agent of the Commission's Philadelphia Office inspected radio station WZSK located in Everett, Pennsylvania and observed the following violations: a. 47 C.F.R. S: 73.1560(a): "[T]he 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 than 105% of the authorized power." For the previous three months, New Millennium had been operating station WZSK during the daytime with 4 kilowatts or 40% of the authorized power and
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- issued pursuant to Section 1.89 of the Commission's Rules, to Triple J Community Broadcasting, LLC., operator of Class A TV Station W24BB in East Stroudsburg, Pennsylvania. 2. On February 24, 2010, in response to a complaint, an agent of the Enforcement Bureau's Philadelphia Office monitored station W24BB located in East Stroudsburg, Pennsylvania and found the following violation: 47 C.F.R. S: 73.1560(d): "In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate at reduced power for a period of not more than 30 days without specific authority from the FCC. If operation at reduced power will exceed 10 consecutive days, notification must be made to the FCC in Washington, DC, not later than 10th day
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- this section that operation be terminated within three minutes." At the time of the inspection, the remote control system consisting of a dial-up remote control system was inoperative and transmitter control personnel were unable to have positive on/off control of the transmitter. d. 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 the inspection, no monitoring procedures and schedules were in place to check for operating power levels or modulation levels. e. 47
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- not be limited to, the time, date, duration, and title of each program in which the issue was treated." At the time of inspection, WFYL's quarterly issues reports were not properly recorded for years 2008 through 2009 because they did not contain a complete description for each program that included the time, date, duration, title and brief narrative. d. Section 73.1560(a)(1) provides that "[t]he antenna input power of an AM station as determined by the procedures specified in S:73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power." Station WFYL's authorization specifies a daytime power of 1000 watts. The agents determined
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-308255A1.html
- a Notice of Violation ("Notice") issued pursuant to section 1.89 of the Commission's rules ("Rules"), to Birach Broadcasting Corporation, licensee of Station KJMU in Sand Springs, Oklahoma. 2. On April 26, 2011, agents of the Enforcement Bureau's Dallas Office inspected the main studio of Station KJMU located in Sand Springs, Oklahoma, and observed the following violation(s): a. 47 C.F.R. S: 73.1560(a): "AM stations. (1) Except as provided for in paragraph (d) of this section, the antenna input power of an AM station as determined by the procedures specified in S: 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power." At
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- anytime. EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." KHWG(AM) failed to ensure that, over the three months prior to the inspection, all RMTs and RWTs of the EAS were conducted. c. 47 C.F.R. S: 73.1560(a)(1): "Except as provided for in paragraph (d) of this section, the antenna input power of an AM station as determined by the procedures specified in Section 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less that 90% nor more than 105% of the authorized power." At the time of
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- 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 compliance with the station's authorized operating power. d. 47 C.F.R. S: 73.1560(a)(1): "Except
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- Any method of complying with applicable tolerances is permissible." At the time of inspection, agents determined that KTRB(AM) station authorized power in the daytime mode was out of tolerance, the station failed to ensure that technical parameters were within tolerances and transmission system operation was monitored either at the main studio, transmitter site, or other location. f. 47 C.F.R. S: 73.1560(a)(1): "Except as provided for in paragraph (d) of this section, the antenna input power of an AM station as determined by the procedures specified in Section 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power." At the time of
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- station's location; Provided, that the name of the licensee or the station's frequency or channel number, or both, as stated on the station's license may be inserted between the call letters and station location...." At the time of inspection, WPAM's station identification track, used for their station identification, did not include the station's community of license. e. 47 C.F.R. S: 73.1560(d): "Reduced power operation. In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate at reduced power for a period of not more than 30 days without specific authority from the FCC. If operation at reduced power will exceed 10 consecutive days, notification must be made to the FCC in Washington, DC, Attention: Audio
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- technical rules and the station authorization are not exceeded." At the time of inspection, WMVB's antenna monitor was not functioning properly and was indicating that the antenna phase was out of tolerance. The WMVB chief operator admitted that the monitor was not functioning properly and was unable to determine the last time the meter was calibrated. g. 47 C,F,R. S: 73.1560(a)(1): "[t]he antenna input power of an AM station as determined by the procedures specified in S:73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power." Station WMVB's authorization specifies a daytime power of 1081 watts. The agents determined that at
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- EAS coding/decoding equipment was inoperable. There were no entries in the station logs indicating when the EAS equipment became inoperable. (b) The antenna structure did not provide good visibility to aircraft because of rust and the extremely faded condition of the paint. (c) KYOO had not established monitoring procedures and schedules sufficient to determine compliance with the requirements of Section 73.1560 of the Rules regarding operating power. (d) KYOO was not maintaining its station logs as required by Section 73.1820 of the Rules. 4. In its response to the NAL, KYOO does not contest the violations alleged in the NAL but seeks mitigation of the proposed $22,000 forfeiture on the basis of its inability to pay that amount. Specifically, KYOO argues
- http://www.fcc.gov/eb/Orders/2001/da011920.doc http://www.fcc.gov/eb/Orders/2001/da011920.html
- 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 WBOT may have been in violation of the main studio rule.
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- 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 than 105% of the authorized power,'' and Section 73.1560(b) provides that the transmitter output power of an FM station ``must be maintained as near as practicable to the
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- January 2, 2002 Released: January 4, 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 dollars ($8,000) to Palouse Country, Inc. (``Palouse''), licensee of Station KMAX(AM), for willful violation of the following Sections of the Commission's Rules ("Rules"): 73.1400(a)(1)(ii) (operating KMAX(AM) without required monitors); 73.1560(a) (failure to operate in compliance with the station license regarding power); 73.1580 (failure to perform periodic complete inspections of the transmitting system); and 73.1870(c)(3) (failure to provide verification that the station has been operating as required by the Rules or the station authorization by making appropriate entries into the station log).1 II. BACKGROUND 2. On January 12, 2001, the FCC's
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- 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 that WBOT may have been in violation of the main studio
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- ) FRN 0006-7721-56 Weatherford, TX FORFEITURE ORDER Adopted: September 9, 2002 Released: September 11, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTON 1. In this Forfeiture Order (``Order''),we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Tarrant Radio Broadcasting, Inc. (``Tarrant''), licensee of Station KZEE(AM) in Weatherford, Texas, for willful and repeated violation of Section 73.1560(a)(1) of the Commission's Rules (``Rules'').1 The noted violation involves Tarrant's operation of Station KZEE(AM) with an antenna input power at a level more than 105% of authorized power. 2. On May 24, 2002, the Commission's Dallas, Texas Field Office (``Dallas Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of four thousand dollars ($4,000) to Tarrant
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- 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 Bureau had assessed a forfeiture against Radio One for not maintaining
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- downtown Alamogordo, but the building was undergoing renovation. The agents observed EAS equipment in a box in the transmitter building, but no EAS equipment was installed or operational. The inspection revealed numerous other rule violations, including, among other things: failure to operate at the station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. 73.1740(a)); failure to post the station license (47 C.F.R. 73.1230); failure to designate a chief operator (47 C.F.R. 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. 73.3526). 11. On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN was not in
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- State and Local Area EAS plans. (9) All broadcast stations and cable systems and wireless cable systems operating and identified with a particular EAS Local Area must transmit a common national emergency message until receipt of the Emergency Action Termination. (10) Broadcast stations, except those holding an EAS Non- participating National Authorization letter, are exempt from complying with 73.62 and 73.1560 of this chapter (operating power maintenance) while operating under this part. (11) National Primary (NP) sources must operate under the procedures in the National Control Point Procedures. (12) The time of receipt of the EAN and Emergency Action Termination messages shall be entered by broadcast stations in their logs (as specified in 73.1820 and 73.1840 of this chapter), by cable
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- 102 ) Phoenix, AZ 85004 ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to North American Broadcasting Company, Inc. (``North American''), licensee of Station KFNX(AM), Cave Creek, Arizona, for willful violation of Section 73.1560(a)(1) of the Commission's Rules (``Rules'').1 The noted violation involves North American's failure to reduce transmitter output power in accordance with its station authorization. 2. On August 30, 2002, the District Director of the Commission's San Diego, California Field Office (``San Diego Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to North American.2 North
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- not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (''Rules''),4 International Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 73.1560(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the Act.5
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- 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 for Forfeiture (``NAL'') to Clarke for a forfeiture in the amount of seven thousand dollars ($7,000).2 Clarke
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- ) FORFEITURE ORDER Adopted: February 4, 2003 Released: February 6, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to J4 Broadcasting of Cincinnati, Inc. (``J4 Broadcasting''), licensee of Station WCIN(AM), Cincinnati, Ohio, for willful and repeated violation of Sections 73.51(e)(2) and 73.1560(a)(1) of the Commission's Rules (``Rules'').1 The noted violations involve J4 Broadcasting's failure to maintain a record of the station's efficiency factor ``F'' used to determine operating power and operation of WCIN with power in excess of 105% of the authorized power. 2. On June 20, 2002, the Commission's Detroit, Michigan Field Office (``Detroit Office'') issued a Notice of Apparent Liability
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- See KASA Radio Hogar, Inc., 17 FCC Rcd 6256 (2002) (quoting Emery Telephone, 13 FCC Rcd 23854, 23859-60 (1998), recon. denied, 15 FCC Rcd 7181 (1999)). 7 On March 21, 2000, the Columbia Office issued an NOV to AFA for the following violations at WARN-FM: Sections 11.52(d) (failure to monitor two EAS sources), 11.61(b) (failure to log EAS tests received), 73.1560(b) (failure to maintain the transmitter output power between 90% and 105% of the authorized power), and 73.1870(c)(3) (failure to have the chief operator review the station logs at least once each week to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated
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- 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 exceeding nighttime power levels and operating with an improper mode of operation. 2. On June 28, 2002, the District Director of the Commission's Denver, Colorado Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')3 in the amount of $21,000 to Ramh. Ramh has not filed a response to the NAL. Based on the information
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- 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 which it denied Radio One's Petition for Reconsideration and upheld the
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- 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 it differently than American Family Association, Inc. (``AFA'') because it proposed
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- 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 Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KSKE in Vail, Colorado, for willful and repeated violation of Section 73.1125(a) of the Commission's Rules (``Rules''), and willful violation of Sections 73.1560(a) and 73.1745(a) of the Rules.1 The noted violations involve Pilgrim's failure to maintain a main studio for station KSKE, its failure to reduce KSKE's power at sunset to the nighttime level required by the station authorization and its exceeding KSKE's authorized nighttime power level. 2. On November 20, 2002, the Commission's Denver, Colorado, Field Office (``Denver Office'') issued a Notice
- http://www.fcc.gov/eb/Orders/2004/DA-04-1390A1.html
- FORFEITURE 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 nineteen thousand dollars ($19,000) to Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KWYD in Colorado Springs, Colorado, for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules ("Rules").1 The noted violations involve Pilgrim's failure to have fully operational Emergency Alert System ("EAS") equipment, its failure to maintain the requisite main studio presence, its failure to reduce KWYD's power at sunset to the nighttime level required by the station authorization, its failure to increase KWYD's power at sunrise to the daytime level
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- 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 F
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- Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to M.J. Phillips Communications, Inc. (``M.J. Phillips''), licensee of AM Station WJJL, Niagara Falls, New York, for its willful and repeated violations of the power restriction, Emergency Alert System (``EAS'') and antenna structure requirements of Sections 73.1560(a)(1), 11.35(a), 11.52(d) and 17.4(a) of the Commission's Rules (``Rules'').1 II. BACKGROUND 2. On September 17 and 18, 2002, the Commission's Buffalo, New York Office (``Buffalo Office'') conducted on-site inspections of Station WJJL. The inspections revealed that the station had been exceeding its authorized power limits by more than 105 percent,2 that its Emergency Alert System (``EAS'') equipment had not been
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- is deficient because it differs from the evidence supporting the violation of that section in Beacon, we point out that each case should be examined on its own merits. See James R. Weaks, 48 FCC 2d 273 (ALJ 1974). 9 AM stations must not operate with over 105% of authorized power no matter the mode of operation. See 47 C.F.R. 73.1560. 10 This argument does apply to the readings (37 watts) recorded for the evenings of August 17 and 19, 2002. However, we need not address it for those dates because a Commission measurement (39 watts) establishes overpower operation on the evening of August 19, 2002, and it is unnecessary to establish an overpower violation on August 17, 2002. 11 AM
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- Opinion and Order (``Order''), we deny the February 25, 2003 petition for reconsideration filed by North American Broadcasting Co., Inc. (``North American''),1 licensee of KFNX(AM), Cave Creek, Arizona of the Forfeiture Order released on January 30, 2003.2 The Forfeiture Order imposed a monetary forfeiture in the amount of four thousand dollars ($4,000) against North American for willful violation of Section 73.1560(a)(1) of the Commission's Rules.3 The noted violation involves North American's failure to reduce transmitter output power as its station authorization requires. II. BACKGROUND 2. On June 22 and 23, 2002, agents from the Commission's San Diego, California District Office (``District Office'') conducted AM broadcast field strength measurements of Station KFNX(AM) at various locations throughout the Phoenix, Arizona area at various
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- 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, 73.1820, logs 73.1840 Failure to 47 C.F.R. KFRA, KDDK maintain public 73.3526 file and make public file available TABLE II PAYMENT SCHEDULE Date Amount January 17, $5007 2005 February $1363 15, 2005 March 15, $1363 2005 April 15, $1363 2005 May
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- petition for reconsideration (``petition'') filed by Pilgrim Communications, Inc. (``Pilgrim''), licensee of Station KSKE(AM), Vail, Colorado.1 Pilgrim seeks reconsideration of the Forfeiture Order2 in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $11,000 for willful and repeated violation of Section 73.1125(a) of the Commission's Rules (``Rules'') and willful violation of Sections 73.1560(a) and 73.1745(a) of the Rules.3 II. BACKGROUND 2. On November 20, 2002, the Commission's Denver, Colorado Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')4 in the amount of $11,000 to Pilgrim. The NAL was based on findings by the Denver Office that Pilgrim violated Section 73.1125(a) of the Rules by failing to maintain the requisite
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- Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration (``petition'') filed by Pilgrim Communications, Inc. (``Pilgrim''), licensee of Station KWYD(AM), Colorado Springs, Colorado.1 Pilgrim seeks reconsideration of the Forfeiture Order2 in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $19,000 for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules (``Rules'').3 II. BACKGROUND 2. On November 20, 2002, the Commission's Denver, Colorado Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')4 in the amount of $19,000 to Pilgrim. The NAL was based on findings by the Denver Office that: between March 2001 and August 22, 2001, Pilgrim did not have
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- Adopted: June 1, 2005 Released: June 3, 2005 By the Regional Director, Northeast 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)1 to M.B. Communications, Inc. (``M.B. Communications''), licensee of AM station WYLF, Penn Yan, New York, for willful and repeated violations of Sections 73.49, 73.1560(a)(1), and 73.1745(a) of the Commission's rules (the ``Rules'').2 The noted violations concern the operation of station WYLF with power in excess of the station's authorization during daytime, post sunset, and nighttime hours and failure to enclose the station's tower within an effective locked fence or other enclosure. II. BACKGROUND 2. Station WYLF is authorized to operate at certain power levels
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- and digital broadcast stations and analog cable systems, digital cable systems and wireless cable systems operating and identified with a particular EAS Local Area must transmit a common national emergency message until receipt of the Emergency Action Termination. (11) Analog and digital broadcast stations, except those holding an EAS Non-participating National Authorization letter, are exempt from complying with 73.62 and 73.1560 of this chapter (operating power maintenance) while operating under this part. (12) National Primary (NP) sources must operate under the procedures in the National Control Point Procedures. (13) The time of receipt of the EAN and Emergency Action Termination messages shall be entered by analog and digital broadcast stations in their logs (as specified in 73.1820 and 73.1840 of this
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- 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, Family
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- and Order (``Order''), we grant in part and deny in part the petition for reconsideration filed by M.J. Phillips Communications, Inc. (``M.J. Phillips''), licensee of AM Station WJJL, Niagara Falls, New York. M.J. Phillips seeks reconsideration of a Forfeiture Order1 issued on June 23, 2004, in the amount of ten thousand dollars ($10,000) for willful and repeated violations of Sections 73.1560(a)(1), 11.35(a), 11.52(d) and 17.4(a) of the Commission's Rules (``Rules'').2 The noted violations involve M.J. Phillips' use of excessive power; its failure to have fully operational Emergency Alert System (``EAS'') equipment; its failure to monitor, test and log the tests of its EAS equipment on a regular basis; and its failure to register its antenna structure. For the reasons discussed below,
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- Enforcement Bureau: I. Introduction 1. In this Memorandum Opinion and Order ("Order"), we deny the petition for reconsideration filed by M.B. Communications, Inc. ("M.B. Communications"), licensee of AM radio station WYLF, Penn Yan, New York. M.B. Communications seeks reconsideration of the Enforcement Bureau's ("Bureau") Forfeiture Order imposing a forfeiture in the amount of eleven thousand dollars ($11,000)for violations of Sections 73.1560(a)(1), 73.1745(a), and 73.49 of the Commission's rules ("Rules"). II. BACKGROUND 2. On August 25, 2004, the Commission's Buffalo Office issued a Notice of Apparent Liability for Forfeiture ("NAL") to M.B. Communications for a forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 73.1560(a)(1), 73.1745(a), and 73.49 of the Rules. The violations concerned the
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- 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 14, 2005, resident agents from the Commission's San Juan Office of
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- 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 that were other than those authorized by the station's license. Such operation would also result in violations of section 73.1560(b) and (d) of the Commission's rules by operating at reduced power for more than 30 days without timely notifying the Commission and without requesting an STA to do so, and section 73.1745(a) of the Commission's rules, which provides that "[n]o broadcast station shall operate at times, or with modes or power, other than those specified and made a part of
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- 11, 2007 Released: June 13, 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 Gold Coast Radio, LLC ("Gold Coast"), licensee of station KMLA, an FM broadcast station serving El Rio, California, for repeatedly violating Section 73.1560(b) of the Commission's Rules (Rules). On December 22, 2006, the Enforcement Bureau's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Gold Coast for repeatedly operating its transmitter at a power level exceeding 105% of that authorized by its license. In this Order, we consider Gold Coast's arguments that an admonishment,
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- 2007, the Kansas City Office issued to 127 another Notice of Apparent Liability for Forfeiture proposing a forfeiture in the amount of $8,000 for the apparent willful and repeated violation of Section 73.1745(a) of the Rules. 3. On March 21, 2007, the Kansas City Office issued to 127 a Notice of Violation for violations of Sections 11.35(a), 73.1125(d)(1), 73.1201(a)(2), 73.44(b), 73.1560, and 73.3615(a) of the Rules. 4. 127 and the Bureau acknowledge that any proceeding that might result from the Investigation will require the significant expenditure of public and private resources. To conserve such resources and to promote compliance by 127 with the Act and the Rules, 127 and the Bureau hereby enter into this Consent Decree in consideration of the
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- October 24, 2008 Released: October 28, 2008 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800) to Viva Communications Group, LLC ("Viva"), licensee of AM radio station WSDE, Cobleskill, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System ("EAS") equipment, failing to sign off at local sunset time, failing to maintain daytime operating power at more than 90% of the authorized power, and failing to maintain a complete public inspection file. 2. On December 20, 2007, the Buffalo Field Office issued a
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- Commission regulates are expected to promptly take corrective action when violations are brought to their attention). See also, Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994)(corrective action taken to comply with the Rules is expected, and does not mitigate any prior forfeitures or violations). See NAL at para. 17. 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. S: 504(a). Federal Communications Commission DA 11-1233 1 5 Federal Communications Commission DA 11-1233 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.doc
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- Apparent Liability for Forfeiture ("NAL"), we find that Frandsen Media Company, LLC ("Frandsen"), licensee of FM broadcast station KGNT in Smithfield, Utah, 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 limits applicable to facilities, operations, or transmitters, and apparently willfully and repeatedly violated section 73.1560(b) of the Rules by operating its transmitter at a power level not authorized by its license. We conclude that Frandsen is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. On April 14, 2010, agents from the Enforcement Bureau's Denver Office conducted an inspection at the Station KGNT transmitter site on Round Hill,
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- 303(q) of the Communications Act of 1934, as amended (Act), by failing (with respect to both of its stations) to: maintain operational emergency alert system (EAS) equipment; exhibit required obstruction lighting on the Tower; and maintain and make available a complete public inspection file. Furthermore, specifically with respect to Station KQMG-FM, we find that KM Radio apparently willfully violated Section 73.1560(b) of the Rules by operating Station KQMG-FM with more than authorized transmitter output power. After adjusting the possible forfeiture based on the Licensee's limited financial resources, we conclude that KM Radio is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). In addition, no later than thirty (30) calendar days from the date of this NAL,
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- Radio of Independence, LLC (KM Radio), licensee of Stations KQMG and KQMG-FM, in Independence, Iowa, and owner of antenna structure number 1053693 also located in Independence, Iowa, for willful and repeated violation of Sections 11.35, 17.51, and 73.3526 of the Commission's rules (Rules), and Section 303(q) of the Communications Act of 1934, as amended (Act) and willful violation of Section 73.1560(b) of the Rules. The noted violations involved failing to: maintain operational emergency alert system (EAS) equipment; exhibit required obstruction lighting on the Tower; maintain and make available a complete public inspection file; and operate with authorized transmitter output power. 2. On February 7, 2012, the Enforcement Bureau's Kansas City Office (Kansas City Office) issued a Notice of Apparent Liability for
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- Virginia ) FORFEITURE ORDER Adopted: July 5, 2000 Released: July 6, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Culpeper Broadcasting Corporation (``Culpeper''), licensee of AM station WCVA, Culpeper, Virginia, for willful violation of the provisions of Sections 73.49 and 73.1560(a) of the Commission's Rules (``the Rules''). The noted violations involve Culpeper's failure to maintain an effective locked fence around the base of the WCVA antenna, and failure to maintain transmitter power between 90% and 105% of that authorized for WCVA. 2. On February 7, 2000, the Enforcement Bureau's Columbia, Maryland Field Office, issued a Notice of Apparent Liability for Forfeiture
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- and Order (``Order''), we deny the application for review filed on March 27, 2000, by Buchanan Broadcasting Company, Inc. (``Buchanan''), licensee of Station WJNT(AM), Jackson, Mississippi. Buchanan seeks review of the Enforcement Bureau's (``Bureau'') Memorandum Opinion and Order (``MO&O'') released February 25, 2000. In the MO&O, the Bureau reduced Buchanan's monetary forfeiture for willful and repeated violations of Sections 73.49, 73.1560(a)(1), and 73.1745(a) of the Commission's Rules (``the Rules'') and the terms of Station WJNT's authorization from $10,000 to $9,000 and denied Buchanan's petition for reconsideration in all other respects. For the reasons discussed below, we deny Buchanan's application for review and affirm the monetary forfeiture amount of $9,000. BACKGROUND 2. While investigating a complaint about Station WJNT's operations, on March
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- (Station Identification). New York, NY District Office (4/24/02). * Yardley Makefield Fire Co., Yardley, PA. Philadelphia, PA District Office (4/25/02). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * Monroe County Board of Education, WHFI, Lindside, WV. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (4/2/02). * Miracle Radio, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 17.4(g) (Posting of Antenna Structure Registration Number). Tampa, FL District Office (4/10/02). * Vernon Watson, Pensacola, FL. Other violations: 47 C.F.R. 11.61
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- (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 Television Service * 47 C.F.R. 76.605 Technical Standards * Comcast Cablevision of Nashville, LLC. $8,000 NAL. Other violation: 47 C.F.R. 76.611 (Cable Television Basic Signal Leakage Performance Criteria). Atlanta, GA District Office (5/30/02).
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- (Unauthorized Operation). Atlanta, GA District Office (6/27/02). * 47 C.F.R. 73.49 - AM Transmission System Fencing Requirements * Wilson Broadcasting Co., Inc., licensee of Radio Station WAGF(AM), Dothan, Alabama. $7,000 NAL. Atlanta, GA District Office (6/10/02). * King Broadcasting Company, KBIM(AM), Roswell, NM. $21,000 NAL. Other violations: 47 C.F.R. 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control) and 73.1560 (Operating Power and Mode Tolerances). Denver, CO District Office (6/14/02). * Anastos Media Group, Saratoga Springs, NY. $7,000 NAL. Buffalo, NY Resident Agent Office (6/21/02). * 47 C.F.R. 73.51 Determining Operating Power * J4 Broadcasting of Cincinnati, Inc., Cincinnati, OH. $5,000 NAL. Other violation: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances). Detroit, MI District Office (6/20/02). * 47 C.F.R.
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- and Records), 73.1230 (Posting of Station Licenses) and 73.1870 (Chief Operator). San Francisco, CA District Office (12/17/01). * 47 C.F.R. 11.35 Equipment Operational Readiness * King Broadcasting Company, Roswell, NM, KBIM(AM) (Facility ID #34871). Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements), 73.158 (Directional Antenna Monitoring Points), 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System Inspections), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (12/18/01). * King Broadcasting Company, Roswell, NM, KBIM-FM (Facility ID #34854). Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (12/28/01). * Pilgrim Communications, Inc., Colorado Springs, CO (KWYD(AM),
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- 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, CA District Office (8/30/02). * 47 C.F.R. 73.1745 Unauthorized Operation * Tri-County Broadcasting, Inc., Lynchburg, VA. $4,000 NAL. Norfolk, VA Resident Agent Office
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- Arrow Communications of N.Y., Inc., WPIG(FM), WDHL(AM), Williamsport, PA. $8,000 NAL. Buffalo, NY Resident Agent Office (11/7/02). * Small Town Radio, Inc., WDGR(AM), Alpharetta, GA. $15,000 NAL. Other violation: 47 C.F.R. 73.49 (AM Transmission Fencing Requirement). Atlanta, GA District Office (11/13/02). * Pilgrim Communications, Inc., KWYD(AM), Colorado Springs, CO. $19,000 NAL. Other violations: 47 C.F.R. 73.1125 (Station Main Studio Location), 73.1560 (Operating Power and Mode Tolerances) and 73.1745 (Unauthorized Operation). Denver, CO District Office (11/20/02). * HBC License Corporation, licensee of Station KHOT-FM, Paradise Valley, Arizona and Station KHOV-FM, Wickenburg, Arizona. $ 8,000 NAL. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (11/29/02). 47 C.F.R. Part 17 Construction, Marking and Lighting of Antenna Structures *
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- C.F.R. 11.52 EAS Code and Attention Signal Monitoring Requirements * Mega Communications, Silver Spring, MD. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (1/22/02). * 47 C.F.R. 11.61 Tests of EAS Procedures * Quality Broadcasting Corp., Delray Beach, FL. Tampa, FL District Office (1/16/02). * Morgan State College, WEAA, Baltimore, MD. Other violations: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (1/22/02). 47 C.F.R. Part 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Truth Broadcasting Corp., Winston-Salem, NC. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting), 17.51 (Time When Lights Should
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- 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, PA. Other violations: 47 C.F.R. 17.17 (Existing
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- 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 Requirements). Philadelphia, PA District
- http://www.fcc.gov/eb/Public_Notices/DA-03-1446A1.html
- 47 C.F.R. Part 11 Emergency Alert System (EAS) Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * Charles R. Meeker, KDPX-LP, Cathedral City, CA. $8,000 NAL. San Diego, CA District Office (1/31/03). * M.J. Phillips Communications, Inc., WJJL, Niagara Falls, NY. $10,000 NAL. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 17.4(a) (Antenna Structure Registration) and 73.1560 (Operating Power and Mode Tolerances). Buffalo, NY Resident Agent Office (1/28/03). * Pittman Broadcasting Services, L.L.C., KAOK(AM), KAOK-FM, Covington, Louisiana. $15,000 NAL. Other violation: 47 C.F.R. 73.49 (AM Transmission Fencing Requirements). New Orleans, LA District Office (2/14/03). * Victory & Power Ministries, Inc., WPFC, Baton Rouge, Louisiana. $25,000 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission Fencing Requirements) and 73.3526
- http://www.fcc.gov/eb/Public_Notices/DA-03-404A1.html
- 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 Equipment Operational Readiness *
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- 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 of 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 11.61
- http://www.fcc.gov/eb/Public_Notices/da001683.doc http://www.fcc.gov/eb/Public_Notices/da001683.html
- Tests of National Level EAS Facilities) and 73.3526 (Public Inspection File). Atlanta, GA District Office (6/9/00). The ADD Radio Group, WNTY, Southington, CT. Other violations: 47 C.F.R. 17.4 (Antenna Structure Registration), 73.49 (AM Transmission System Fencing Requirements), 73.62 (AM Directional Antenna Field Strength Measurements), 73.158 (Directional Antenna Monitoring Points), 73.1125 (Station Main Studio Location), 73.1215 (Specifications for Indicating Instruments), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inspection File). Boston, MA District Office (6/12/00). Penfold Communications, Inc., KRTM(FM), Temecula, CA. San Diego, CA District Office (6/21/00). La Favorita, Inc., Austell, GA. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting). Atlanta, GA District Office (6/22/00).
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- 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 Birach Broadcasting Corp., Southfield,
- http://www.fcc.gov/eb/Public_Notices/da002408.doc http://www.fcc.gov/eb/Public_Notices/da002408.html
- Station License), 73.1590 (Equipment Performance Measurements) 73.1820(Station Log), and 73.3526 (Local Public Inspection File of Commercial Stations). Atlanta, GA District Office (9/7/00). Quetzal Bilingual Communications, Inc., AM Radio Station, KURS, San Diego, CA. Other violation 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (9/8/00). KRFE Radio, Inc., KRFE(AM), Lubbock, TX. Other violations: 47 C.F.R. 73.1560(Operating Power and Mode Tolerances), 73.1745(Unauthorized Operation), 73.1870(Chief Operators), 73.3526(Local Public Inspection File for Commercial Stations) and Terms of Station Authorization. Dallas, TX District Office (9/11/00). James K. Sharp d.b.a. 5th Ave. Broadcasting, Huntsville, AL. Other violations: 47 C.F.R. 73.51 (Determining Operating Power), 73.158 (Directional Antenna Monitoring Points), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1680 (Emergency Antennas),
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- Operation), 73.1590 (Equipment Performance Measurements), 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). Williams Communications, Inc., Birmingham, AL. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.267 (Determining Operating Power), 73.1226 (Availability to FCC of Station Logs and Records), 73.1560 Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), and 73.3526 (Local Public Inspection File for Commercial Broadcast Stations). Kansas City, MO District Office (10/10/00). AT&T Broadband, Pittsburgh, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), and 76.305(b) (Location of Records). Philadelphia, PA District Office (10/11/00). Mortenson Broadcasting, Lexington, KY, WPGR. Other violatios:
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- 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 Attention Signal Monitoring Requirements),
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- (1/13/00). 47 C.F.R. 1.89(b) (failure to respond to a NOV) La Favorita, Inc.. $4,000 NAL. Atlanta, GA Office (2/4/00). 47 C.F.R. 73.49 (failure to maintain effective locked fence around the base of each antenna having radio frequency potential at the base) Culpeper Broadcasting Corporation, WCVA, Culpeper, Virginia. $9,000 NAL. NAL also issued for violation of 47 C.F.R. 73.1560(a) (failure to maintain power within 90 to 105% of authorized power). Columbia, MD Office (2/7/00). ARS Broadcasting Corp., Shelbyville, Indiana. $7,000 NAL. Chicago, IL Office (2/8/00). Reier Broadcasting Company, Inc., licensee of KOBB(AM), Bozeman, Montana. $7,000 NAL. Seattle, WA Office (2/29/00). 47 C.F.R. 73.1560(a)(1) (operating power for AM stations) Betty's Communications Companies, Inc., St. Augustine, FL. $2,000 NAL. Tampa,
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- (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 Operational
- http://www.fcc.gov/eb/Public_Notices/da00996.doc http://www.fcc.gov/eb/Public_Notices/da00996.html
- Handbook) M.J. Phillips Communications, Inc., Niagara Falls, NY. NOV also issued for violation of 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 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1125 (Station Main Studio Location), 73.1560 (Operating Power and Mode Tolerances), 73.1820 (Station Log), and 73.3526 (Public Inspection File). Buffalo, NY Office (4/13/00). 47 C.F.R. 11.35 (Equipment Operational Readiness) AT&T Cable Services, McHenry, IL. NOV also issued for violation of 47 C.F.R. 11.61 and 76.305. Chicago, IL Office (4/3/00). 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements) Keyed Up Communications Company,
- http://www.fcc.gov/eb/Public_Notices/da011019.doc http://www.fcc.gov/eb/Public_Notices/da011019.html
- - EAS Operating Handbook The Board of Education, West Bloomfield School District, Orchard Lake, MI, WBLD-FM (West Bloomfield, MI). 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), 11.62 (Closed Circuit Tests of National Legal EAS Facilities), 73.1350 (Transmission System Operation), 73.1400 Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1660 (Acceptability of Broadcast Transmitters), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3527 (Local Public Inspection File for Noncommercial Stations). Detroit, MI District Office (3/9/01). Entravision Holdings, LLC, KBNT-LP San Diego, CA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements) and
- http://www.fcc.gov/eb/Public_Notices/da01102.doc http://www.fcc.gov/eb/Public_Notices/da01102.html
- 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. 1230 (Posting of Station
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- 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. 11.35 - Equipment Operational Readiness Corry Communications Corp, WEYZ, Northeast, PA. Other violations: 47 C.F.R. 73.1230 (Posting of Station License), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Buffalo, NY Resident Agent Office (4/4/01). Las Vegas Broadcasters, Inc., (KKVV, Las Vegas, NV), West Palm Beach, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.189 (Minimum Antenna Heights or Field Strength Requirements), 73.1350 (Transmission System Operation), 73.1560 (Operating Power
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- 73.3526 (Local Public Inspection File for Commercial Stations). Anchorage, AK Resident Agent Office (5/1/01). Lindsay Broadcasting, Garden Grove, CA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspections by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station License), 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). San Francisco, CA District Office (5/4/01). Rogers Communications, Inc., Cartersville, GA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1590 (Equipment Performance Measurements), 73.1820 (Station
- http://www.fcc.gov/eb/Public_Notices/da012031.doc http://www.fcc.gov/eb/Public_Notices/da012031.html
- (Cleaning and Repainting). Atlanta, GA District Office (7/3/01) CSN International, Gillette, WY, (KLWD-FM, Facility ID #84184). Denver, CO District Office (7/31/01). 47 C.F.R. 11.35 - Equipment Operation Readiness Marion R. Williams, WSTT(AM), Thomasville, GA. Other violations: 47 C.F.R. 73.44 (AM Transmission System Emissions Limitations), 73.49 (AM Transmission System Fencing Requirements), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments) and 73.1560 (Operating Power and Mode Tolerances).. Atlanta, GA District Offices (7/3/01). Champlain Radio, Inc., Champlain, NY. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.44 (AM Transmission System Emissions Limitations) and 73.1560 (Operating Power and Mode Tolerances). Buffalo, NY Resident Agent Office (7/17/01). Jamie Patrick Broadcasting, Ltd., KTRY-FM, Bastrop, LA. Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration),
- http://www.fcc.gov/eb/Public_Notices/da012273.html http://www.fcc.gov/eb/Public_Notices/da012273.pdf
- 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. Parnell, WNYZ570, Columbia, SC. Other violation: 47 C.F.R. 90.427 (Precautions Against Unauthorized Operation). Atlanta, GA District Office (8/16/01). * Statcom Communications Corp., WPPH856,
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- MI District Office (9/28/01). * 47 C.F.R. 11.35 Equipment Operational Readiness * EBC, Inc., McCook, KS. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.56 (Maintenance of Lighting Equipment), 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/12/01). * Promo Radio Corp., KMPG(AM), Hollister, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 73.1215 (Specifications for Indicating Instruments), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief
- http://www.fcc.gov/eb/Public_Notices/da012948.html http://www.fcc.gov/eb/Public_Notices/da012948.pdf
- 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 of Station License), 73.1350
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- either. See KASA Radio Hogar, Inc., 17 FCC Rcd 6256 (2002) (quoting Emery Telephone, 13 FCC Rcd 23854, 23859-60 (1998), recon. denied, 15 FCC Rcd 7181 (1999)). On March 21, 2000, the Columbia Office issued an NOV to AFA for the following violations at WARN-FM: Sections 11.52(d) (failure to monitor two EAS sources), 11.61(b) (failure to log EAS tests received), 73.1560(b) (failure to maintain the transmitter output power between 90% and 105% of the authorized power), and 73.1870(c)(3) (failure to have the chief operator review the station logs at least once each week to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated
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- No. 104-104, 110 Stat. 56 (1996). See Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC Rcd 6363 (1996). 47 U.S.C. 309(k)(2), 309(k)(3). See M.J. Phillips Communications, Inc., 21 FCC Rcd at 346. Enforcement Bureau (``EB'') found that a forfeiture of $7,000 was appropriate for Licensee's violations of Sections 73.1560(a)(1); 11.35(a); 11.52(d); and 17.4(a) of the Rules. We also find that the forfeiture levied by EB was a sufficient sanction for the indicated violations. See 47 U.S.C. 309(k). Federal Communications Commission Washington, D.C. 20554 June 27, 2007 + 9 : ; = H Q R ^ h t `` '' hd
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- Operations List of Actions Taken, Public Notice, 16 FCC Rcd 8708, 8712 (EB 2001) (Notice of Violation issued to the Station on March 29, 2001, for violations of 47 C.F.R. 17.4(a) (antenna structure registration); 17.51 (time when lights should be exhibited); 73.49 (AM transmission system fencing requirements); 73.1125 (station main studio location); 73.1201 (station identification); 73.1150 (transmission system operation), 73.1560 (operating power and mode tolerances); 73.1745 (unauthorized operation); 73.1820 (station log); and 73.3526 (contents of public inspection file for commercial stations); Enforcement Bureau Field Operation List of Actions Taken, Public Notice, 16 FCC Rcd 21310, 21310 (EB 2001) ($20,000 Notice of Apparent Liability issued to CWH for violation of 47 C.F.R. 17.4(a) (antenna structure registration); 47 C.F.R. 17.51
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- C.F.R. 73.1350. 47. C.F.R. 73.62. 47 C.F.R. 73.1350. See 47 C.F.R. 73.62 (b)(1) (Appendix B). See 47 C.F.R. 73.62 (c)(1)-(4) (Appendix B). See 47 C.F.R. 73. 1350(d)(2) (Existing rule, moved to body of 47 C.F.R. 1350(d) by this item). See 47 C.F.R. 73.1680(b)(1). See 47 C.F.R. 73.1680(b). See 47 C.F.R. 73.1560(d) & 73.1680. See 5 U.S.C. 603. See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (``SBREFA''), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). In the Matter of: Amendment of Sections 73.62 and 73.1350 of the Commission's Rules, 18 FCC Rcd
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- of such consequence as to require specification in the rules. The intended effect of proposed Section 73.1350(c)(2) seems to have been misunderstood by the commenters. It was intended merely as a clarification of long-standing policy and not as a change in measurement procedure or as an effective change in operating tolerances. An example should suffice to illustrate the objective. Section 73.1560 requires that a station's power be maintained as near as practicable to the authorized value and may not be less than 90% nor more than 105% of the authorized value for AM and FM stations. Thus, for an AM station authorized 1,000 watts, the maximum permissible output power is 1,050 watts, which is the absolute limit. The proposed rule merely
- http://www.fcc.gov/mb/audio/bickel/amfmrule.html
- [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 and mode tolerances. [511]TEXT [512]PDF 73.1570 Modulation levels: AM, FM, TV and Class A TV aural. [513]TEXT [514]PDF 73.1580 Transmission system inspections. [515]TEXT [516]PDF 73.1590 Equipment performance measurements. [517]TEXT [518]PDF 73.1610 Equipment tests. [519]TEXT [520]PDF 73.1615 Operation during modification of facilities. [521]TEXT [522]PDF 73.1620 Program tests. [523]TEXT [524]PDF 73.1635 Special temporary authorizations (STA). [525]TEXT [526]PDF 73.1650 International agreements.
- http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
- [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 and mode tolerances. [464]TEXT [465]PDF 73.1570 Modulation levels: AM, FM, TV and Class A TV aural. [466]TEXT [467]PDF 73.1580 Transmission system inspections. [468]TEXT [469]PDF 73.1590 Equipment performance measurements. [470]TEXT [471]PDF 73.1610 Equipment tests. [472]TEXT [473]PDF 73.1615 Operation during modification of facilities. [474]TEXT [475]PDF 73.1620 Program tests. [476]TEXT [477]PDF 73.1635 Special temporary authorizations (STA). [478]TEXT [479]PDF 73.1650 International agreements.
- http://www.fcc.gov/mb/audio/index.html
- 2012. [ [68]PDF | [69]Word ]. Appendix A: [ [70]PDF | [71]Excel ]. Appendix B: [ [72]PDF | [73]Excel ]. Adopted processing policy for pending Auction No. 83 FM translator applications in a manner that implements Section 5 of the Local Community Radio Act. Modulation Dependent Carrier Level (MDCL) Waiver Requests - AM station licensees seeking a waiver of Section 73.1560(a) of the Commissions Rules pursuant to the procedures set forth in Public Notice [74]DA 11-1535 (September 13, 2011) in order to employ MDCL technology should e-mail a copy of the waiver request, preferably in PDF format, to [75]Susan.Crawford@fcc.gov. May 17, 2010 Guidance Provided to FM Licensees Regarding Operations with Increased Digital Power (MM Docket No. 99-325), Public Notice, [76]MM Docket