FCC Web Documents citing 73.3540

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

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  • Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Sunshine Broadcasters, Inc., licensee of Station WIGN(AM) Bristol, Tennessee (Facility ID No. 63979) (the ``Licensee''). The Consent Decree terminates the Bureau's investigation regarding whether the Licensee violated Section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3540 of the Commission's rules by engaging in a stock transfer that resulted in a transfer of control of the Licensee without first obtaining Commission approval. The Bureau and Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of
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  • of the above-captioned licensees (``Tama,'' or the ``Licensee''); and D.B. Zwirn & Co., L.P., ultimate parent of Bernard Radio LLC and Straight Way Radio (``Zwirn'') (collectively, the ``Parties''). The Consent Decree terminates the Bureau's investigation into whether the Licensee and Zwirn, either jointly or separately, violated Section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3540 of the Commission's Rules by engaging in conduct that exceeded the scope of a local marketing agreement between Tama and Zwirn, thereby effectuating a de facto unauthorized transfer of control. The Parties have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing
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  • In this Order, we adopt the attached Consent Decree entered into by the Enforcement Bureau (``Bureau'') and Long Island University Public Radio Network, licensee of Station WLIU(FM), Southampton, New York (``Licensee''). The Consent Decree terminates the Bureau's investigation into whether the Licensee and Peconic Public Broadcasting (``Peconic'') violated Section 310 of the Communications Act of 1934, as amended, and Section 73.3540 of the Commission's Rules, by engaging in conduct that exceeded the scope of a management agreement between the Licensee and Peconic, thereby effectuating a possible de facto unauthorized transfer of control. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by
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  • adopt the attached Consent Decree entered into by the Enforcement Bureau (``Bureau'') and Peconic Public Broadcasting (``Peconic''), proposed assignee of Station WLIU(FM), Southampton, New York. The Consent Decree terminates the Bureau's investigation into whether Peconic and Long Island University Public Radio Network, licensee of Station WLIU(FM) (``Licensee''), violated Section 310 of the Communications Act of 1934, as amended, and Section 73.3540 of the Commission's Rules, by engaging in conduct that exceeded the scope of a management agreement between Peconic and the Licensee, thereby effectuating a possible de facto unauthorized transfer of control. The Bureau and Peconic have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
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  • Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Hanmi Broadcasting, Inc. (``Hanmi'' or ``Licensee''), licensee of Station WPBC(AM), Decatur, Georgia, (``Station''). The Consent Decree terminates an investigation by the Bureau against Hanmi for possible violations of section 310(d) of the Communications Act of 1934, as amended, and sections 73.3526, 73.3540, 73.3613, and 73.3615 of the Commission's Rules, regarding allegations that it transferred control of the Station without Commission authorization, failed to provide access to the Station's public inspection file, failed to maintain required documents in the Station's public inspection file, and failed to file ownership reports and certain contracts with the Commission. The Bureau and Hanmi have negotiated the terms
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  • 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and David Carus & Associates (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 399B and 310(d) of the Communications Act of 1934, as amended, and sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules, in connection with the transfer of control of FM Translator Station W264AS, Rockledge, Florida (``Station W264AS''), FM Translator Station W272BA, Cocoa Beach, Florida, and Aural Studio Transmitter Link WQEQ835 (collectively, the ``Stations''); and the broadcast of underwriting announcements and originations concerning financial support over Station W264AS. The Bureau and the Licensee have negotiated the
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  • 2012 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) and Capstar TX, LLC (Licensee). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended (Act), and Sections 73.503(d) and 73.3540 of the Commission's rules (Rules), in connection with the broadcast of underwriting announcements concerning financial support over FM Translator Station W300BQ, Vero Beach, Florida, and the transfer of control of the same Station. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and
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  • Id. See 47 C.F.R. � 21.934. We note that exceptions exist if there is not a substantial change in ownership or control of the authorized facility from the transaction (assignment/transfer); involuntary transaction due to the licensee's bankruptcy, death, or legal disability; and if the transaction involves BTA authorizations. See id. See 47 C.F.R. �� 74.910, 73.3500. See 47 C.F.R. � 73.3540. See 47 C.F.R. � 73.3541. See 47 C.F.R. � 73.3541. ULS R&O, 13 FCC Rcd at 21079 � 113. Id. See 47 C.F.R. �� 21.901(d); 74.902(f); 74.951(e). See 47 C.F.R. � 74.951(e). See 47 C.F.R. � 74.902; see also 47 C.F.R. � 21.901. Coalition Proposal at Appendix B n.49. See, e.g., 47 C.F.R. �� 27.15, 101.535, 101.1111, 101.1323. ``Partitioning'' is
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  • ORDERED that the investigation in this proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested to counsel for Raide and Radio Corporation, James L. Oyster, Esquire, 108 Oyster Lane, Castleton, Virginia 22716-2839. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See also 47 C.F.R. � 73.3540. The initial proposed assignee was Radio Corporation. By amendment filed March 31, 2000, Galaxy Communications, L.P. (``Galaxy''), was substituted as the proposed assignee. Raide holds a voting and equity interest in Galaxy's general partner and is an officer and director of that entity. FEDERAL COMMUNICATIONS COMMISSION DA 00-1429 FEDERAL COMMUNICATIONS COMMISSION DA 00-1429 O P O P
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  • November 1, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that KNFL, Inc., licensee of FM broadcast station KNFL(FM), Tremonton, Utah, engaged in the transfer of control of KNFL(FM) without prior Commission consent, in apparent violation of Section 310(d) of the Communications Act of 1934, as amended ("Act"), and Section 73.3540 of the Commission's rules. We conclude that KNFL, Inc. is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND KNFL, Inc., then known as Evergreen Media Corporation, acquired Station KNFL(FM) in September 1993 by assignment of the license from an unrelated party. At that time, the licensee's stock was wholly owned by Lavon Randall.
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  • No. x32080019 FORFEITURE ORDER Adopted: December 5, 2000 Released: December 6, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000.00) against Kenneth Paul Harris, Sr. (``Harris'') for apparently violating Section 310(d) of the Communications Act of 1934 (``Act''), as amended, and Section 73.3540 of the Commission's rules, by assuming control of commercial radio Station KSRW(FM), Childress, TX, from Kevin Hackler (``Hackler'') without first obtaining Commission approval. 2. On July 14, 2000, the Chief, Enforcement Bureau issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of eight thousand dollars ($8,000.00). Harris has filed a response. Based on the information before us,
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  • 98080351 NAL/Acct. No. x32080020 FORFEITURE ORDER Adopted: December 5, 2000 Released: December 6, 2000 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 ($8,000.00) against Kevin Hackler (``Hackler'') for apparently violating Section 310(d) of the Communications Act of 1934 (``Act''), as amended, and Section 73.3540 of the Commission's rules, by transferring control of commercial radio Station KSRW(FM), Childress, TX, to Kenneth Paul Harris, Sr. (``Harris'') without first obtaining Commission approval. 2. On July 14, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of eight thousand dollars ($8,000.00). Hackler has not filed a response. Based on the
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  • 98080351 NAL/Acct. No. x32080020 FORFEITURE ORDER Adopted: December 12, 2000 Released: December 13, 2000 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 ($11,000.00) against Kevin Hackler (``Hackler'') for apparently violating Section 310(d) of the Communications Act of 1934 (``Act''), as amended, and Section 73.3540 of the Commission's rules, by transferring control of commercial radio Station KSRW(FM), Childress, TX, to Kenneth Paul Harris, Sr. (``Harris'') without first obtaining Commission approval, and Section 73.3615 of the Commission's rules by failing to file an updated ownership report with the Commission. 2. On July 14, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability (``NAL'') for
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  • ) ) File No. 99100489 NAL/Acct. No. 20013208006 Facility #63149 JWS FORFEITURE ORDER Adopted: December 18, 2000 Released: December 20, 2000 By the Chief, Enforcement Bureau: Introduction 1. In this Forfeiture Order, we find that Bear Valley Broadcasting, Inc. (``Bear Valley'') violated section 310(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), and section 73.3540(a) of the Commission's rules by willfully and repeatedly assuming de facto control of the K06MU license without obtaining prior Commission approval. Based on our review of the facts and circumstances of this case and after considering Bear Valley's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Bear Valley is liable for a forfeiture in
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  • Radio Station KICO, Hanson Broadcasting Co. of California, Calexico, CA, issued NOV for failure to log EAS equipment repairs, 47 CFR 11.352. San Diego Office, 11/28/00 47 C.F.R. � 11.51 - EAS Code and Attention Signal Transmission Requirements Candido D. Carrelo, WDJZ, Naugatuck, CT: Other violations: 47 C.F.R. �� 73.49 AM Transmission System Fencing Requirements), 73.1125 (Station Main Studio Location), 73.3540 (Application for Voluntary Assignment or Transfer of Control), and 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (11/7/00). Pinnacle FM Broadcasting, Inc., Gainesville, FL. Other violation: 47 C.F.R. � 11.61(Tests of EAS Procedures). Tampa, FL District Office (11/28/00). 47 C.F.R. � 11.52 - EAS Code and Attention Signal Monitoring Requirements Radio Station KREA, JMK Communications, Inc.,
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  • or inconsistent with any subsequent rule or order adopted by the Commission will be superseded by such Commission rule or order. 17. This Consent Decree may be signed in counterparts. FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU By: __________________________ ____________ David H. Solomon Date Chief, Enforcement Bureau KANZA, Inc. By: _________________________ ____________ Michael L. Carter Date President See also 47 C.F.R. � 73.3540. 12 FCC Rcd 17087 (1997), recon. denied, FCC 99-407, released December 28, 1999. A companion Notice of Apparent Liability, DA 99-2258, released October 22, 1999, was sent to Miles Carter. By letter dated November 22, 1999, Miles Carter advised, inter alia, that he had resigned from KANZA's employ and had paid the forfeiture. In this regard, the voluntary contribution referenced
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  • 12, 2001 Released: January 17, 2001 By the Chief, Enforcement Bureau: I. Introduction In this Forfeiture Order, we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) against KEOT, Inc., licensee of broadcast station KEOT(FM), St. George, Utah, for willful and repeated violation of Section 310(d) of the Communications Act of 1934, as amended ("Act"), and Section 73.3540 of the Commission's rules. The noted violations involve an unauthorized substantial transfer of control of KEOT, Inc. II. Background Station KEOT(FM), then licensed to EAR, Inc., a predecessor to the present licensee, commenced operation in November 1994. At that time, the stock of EAR, Inc., was owned by Floyd Ence (50 percent) and Lavon Randall (50 percent). In May 1996,
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  • station WDRL-TV, Danville, Virginia and the conduct of the reported principals of the licensee, Danville Television Partnership (Danville). For the reasons set forth below, we conclude that Danville willfully and repeatedly engaged in an unauthorized transfer of control of station WDRL-TV, in violation of Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. � 310(d), and Section 73.3540 of the Commission's Rules. We have also determined that the appropriate sanction for this violation is a monetary forfeiture. Accordingly, this Order constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE against Danville, in the amount of ten thousand dollars ($10,000), pursuant to Section 503(b) of the Communications Act and under authority delegated to the Chief, Video Services Division, by Section
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  • fully qualified and that grant of the W54BT transfer of control application would be consistent with the public interest. The Unauthorized Transfer of Control 5. Section 310(d) of the Communications Act of 1934, as amended, prohibits any transfer of control of a broadcast station permit or license without prior Commission approval. See 47 U.S.C. � 310(d); and 47 C.F.R. � 73.3540. This proscription pertains to de jure and de facto control. See Lorain Journal Co. v. FCC, 351 F. 2d 824, 828 (D.C. Cir.), cert. denied, 383 U.S. 967 (1966). From the information supplied here, it appears that Messrs. Eleazer and Pridemore violated Section 310(d) of the Act and Section 73.3540 of the Commission's Rules by revising the contemplated ownership structure
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  • ) File No. 00-IH-0283 NAL/Acct. No. 200132080019/MG NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 12, 2001 Released: February 13, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (NAL), we find that Citicasters Co. (Citicasters) apparently willfully and repeatedly violated Section 310(d) of the Communications Act, as amended (the Act), and Section 73.3540 of the Commission's rules by assuming control of WBTJ(FM), Hubbard, Ohio, without prior Commission consent. Based upon the facts and circumstances surrounding these apparent violations, we find that Citicasters is apparently liable for a forfeiture in the amount of $25,000. BACKGROUND Citicasters is an indirect subsidiary of Clear Channel Communications, Inc., which controls radio station licenses in and around the
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  • February 22, 2001 Released: February 23, 2001 By the Chief, Enforcement Bureau: I. Introduction In this Forfeiture Order, we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) against KGNT, Inc., licensee of broadcast station KGNT(FM), Smithfield, Utah, for willful and repeated violation of Section 310(d) of the Communications Act of 1934, as amended ("Act"), and Section 73.3540 of the Commission's rules. The noted violations involve an unauthorized substantial transfer of control of KGNT, Inc. II. Background KGNT, Inc. acquired Station KGNT(FM) in November 1993 by assignment of the license from an unrelated party. At that time, the licensee's stock was wholly owned by Lavon Randall. In October 1995, the licensee issued additional stock to the Bear River
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  • NAL/Acct. No. 20013208005 Facility #63149 FORFEITURE ORDER Adopted: March 13, 2001 Released: March 15, 2001 By the Chief, Enforcement Bureau: Introduction In this Forfeiture Order, we find that K.I.D.S. - TV6, licensee of low power television station K06MU, Big Bear Lake, California, violated section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by transferring de facto control of the K06MU license without obtaining prior Commission approval. We conclude that K.I.D.S. - TV6 is liable for an eight thousand dollar ($8,000) forfeiture. Background On October 20, 2000, the Commission, by the Chief, Enforcement Bureau, acting pursuant to delegated authority, issued a Notice of Apparent Liability
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  • of Citicasters Co. ) ) ) ) ) ) ) File No. 00-IH-0283 NAL/Acct. No. 200132080019 FORFEITURE ORDER Adopted: March 30, 2001 Released: April 4, 2001 By the Chief, Enforcement Bureau: Introduction In this Forfeiture Order, we find that Citicasters Co. (``Citicasters''), violated section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by assuming control of WBTJ(FM), Hubbard, Ohio, without obtaining prior Commission approval. We conclude that Citicasters is liable for a twenty-five thousand dollar ($25,000) forfeiture. Background On February 13, 2001, the Commission, by the Chief, Enforcement Bureau, acting pursuant to delegated authority, issued a Notice of Apparent Liability for Forfeiture (``NAL'') to
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  • November 4, 2003 By the Chief, Enforcement Bureau: I. Introduction 1. By this Order, acting pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(16) of the Commission's rules, we revoke the above-captioned broadcast license held by Radio Moultrie, Inc. (``RMI'') for RMI's having violated Section 310(d) of the Communications Act of 1934, as amended (``the Act''), and Section 73.3540 of the Commission's rules, and for its having failed to follow the Commission's directives. We conclude, based upon the evidence of its conduct, that RMI lacks the basic requisite character qualifications to be and remain a Commission licensee. II. Background 2. The Commission designated this case for hearing. The OSC specified the following issues: to determine the facts and circumstances
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  • license or construction permit or any rights thereunder can be transferred, assigned, or disposed of. Under Section 309(c)(2)(B) of the Act, an assignment or transfer ``which does not involve a substantial change in ownership or control'' is specifically exempted from the thirty-day waiting period provided for in Section 309(b) and the provisions of Section 309(d)(1) regarding petitions to deny. Section 73.3540(f) of the Commission's Rules implements the provisions of Section 309(c)(2)(B) of the Act by providing for a ``short-form'' application for changes in control of a licensee or its controlling company which are not deemed to result in a substantial change in its ownership or control. Thus, in keeping with the express legislative intent of Section 309, the Commission has not
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  • Acct. No. 200532080127 FRN 0009672049 Facility ID No. 12712 Adopted: March 10, 2005 Released: March 11, 2005 By the Chief, Enforcement Bureau: The Enforcement Bureau (the ``Bureau'') has been investigating whether Communications Counsel Group, Inc. (``CCG''), licensee of Station WQII(AM), San Juan, Puerto Rico, has violated section 310(d) of the Communications Act of 1934, as amended, and sections 73.1015, 73.3526, 73.3540, and 73.3615 of the Commission's rules, in connection with its operation of the station and responses to letters of inquiry sent by the Bureau. The Bureau and CCG have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before
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  • BUREAU FEDERAL COMMUNICATIONS COMMISSION ________________________________ _______________ David H. Solomon, Chief Date COMMUNICATIONS COUNSEL GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful written statements to Commission inquiries 47 C.F.R. � 73.1015 Failure to accurately and timely complete ownership reports 47 C.F.R. � 73.3615 Unauthorized transfer of control 47 U.S.C. � 310(d); 47 C.F.R. � 73.3540 Failure to make public inspection file available upon request 47 C.F.R. � 73.3526 Table II Payment Schedule Attachment A Compliance Plan To ensure that Station WQII(AM) does not commit Violations in the future, CCG will do the following: CCG will conduct training for all Station employees on compliance with FCC Rules applicable to station operations. To augment this training, outside
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  • application processing rules provided that a new file number would be assigned to an application for a new station when it was amended prior to designation for hearing so as to result in a transfer of control, for which, in the case of an existing licensee or permitee, an application would have to be filed on a Form 315. Sections 73.3540 and 73.3541 of the Rules required that an application for transfer of a controlling interest in a licensee was to have been filed on a Form 315, except for pro forma or involuntary transfers of control, which are filed on a Form 316. Thus, a transfer to a personal representative, being involuntary, was exempt from the rule requiring a new
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  • Enforcement Bureau, Kenneth Wayne Diebel, (``Diebel''), Licensee of Station KHMB(FM), Hamburg, Arkansas, and R&M Broadcasting, Inc., (``R&M''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau to determine whether control of Station KHMB(FM) was transferred without Commission authorization from Diebel to R&M, in violation of, inter alia, Section 310(d) of the Act, 47 U.S.C. � 310(d), and Section 73.3540 of the Commission's rules, 47 C.F.R. � 73.3540, and to determine whether Diebel complied with certain requirements of the Commission's rules for broadcast licensees. The Enforcement Bureau, Diebel and R&M have negotiated the terms of a Consent Decree that resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. After
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  • Oregon's application as untimely based on inadequate notice of the filing deadline. The consolidated application covered the Redding station as well as KCHO(FM), Chico, California and nine FM translator stations. See File No. BALED-19970827FB (granted Nov. 25, 1997). The circumstances in which an assignment or transfer can be accomplished via a short form application are described at 47 C.F.R. � 73.3540(f). See Opposition, Ex. D. See Letter from Wayne Coy, Jr., Esq., to William F. Caton, FCC (Aug. 27, 1997) (Opposition, Ex. F). The overlapping board members were all officers of CSUC. See Opposition, Ex. G. See Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE R&O''), affirmed and clarified, Memorandum Opinion and
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  • of time specified in the Non-Compete Agreement here. These decisions are consistent with the Commission longstanding policy that a licensee must ``retain control over programming content at all times.'' In short, ``a contract barring the use of such formats, even for a limited period, is impermissible.'' Thus, we find that Centennial apparently violated Section 310(d) of the Act and Section 73.3540 of the Rules when it sought and received an injunction restricting the programming format that 3 Daughters could utilize at WBLT(AM). In this regard, we note that control over any one of the three areas essential to station operation is sufficient for a finding of an unauthorized transfer or an unauthorized assumption of control. The unauthorized control commenced on March
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  • Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Sunshine Broadcasters, Inc., licensee of Station WIGN(AM) Bristol, Tennessee (Facility ID No. 63979) (the ``Licensee''). The Consent Decree terminates the Bureau's investigation regarding whether the Licensee violated Section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3540 of the Commission's rules by engaging in a stock transfer that resulted in a transfer of control of the Licensee without first obtaining Commission approval. The Bureau and Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of
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  • and approved by the Commission with the understanding that Roach would receive an 18.9 percent equity interest in Route 81 and the Licensees. Roach states that the Licensees, controlled by the parent company, ``failed to perform on the promise of equity'' and ``took control'' of the promised 18.9 percent. Roach maintains that ``[t]his theft of 18.9 percent equity'' violated section 73.3540 (f)(3)of the Commission's rules in that it was, in effect, a transfer that required prior Commission approval, and as a direct consequence, the March 30, 2006, ownership report is ``in conflict with the facts.'' In this regard, Roach asserts that the Licensee's parent company willfully and knowingly filed untruthful information with the Commission in violation of Sections 73.1015 and 73.3615
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  • DA 08-2621 Released: November 26, 2008 TV BROADCAST APPLICATIONS SEEKING SHARE-TIME LICENSES AUTHORIZING URBAN TELEVISION LLC TO BROADCAST ON CHANNELS LICENSED TO SUBSIDIARIES OF ION MEDIA NETWORKS, INC. NOTICE is hereby given that, on November 18, 2008, assignee Urban Television LLC (``Urban'') and subsidiaries of ION Media Networks, Inc. (``ION''), filed FCC Form 314 applications, pursuant to Sections 73.1715 and 73.3540 of the Commission's rules, and associated FCC Form 301 applications. Urban, a new entrant into the broadcasting industry, seeks consent to acquire share-time licenses that would authorize it to broadcast on a shared-time basis on channels currently licensed to the subsidiaries of ION listed below. The applicants request waivers, to the extent necessary, of the procedures governing share time agreements
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  • EX PARTE STATUS FOR TV BROADCAST APPLICATIONS SEEKING SHARE-TIME LICENSES AUTHORIZING URBAN TELEVISION LLC TO BROADCAST ON CHANNELS LICENSED TO SUBSIDIARIES OF ION MEDIA NETWORKS, INC. On November 26, 2008, the Commission accepted for filing FCC Form 314 license assignment applications filed by Urban Television LLC (``Urban'') and subsidiaries of ION Media Networks, Inc. (``ION''), pursuant to Sections 73.1715 and 73.3540 of the Commission's rules. Urban, a new entrant into the broadcasting industry, seeks consent to acquire share-time license that would authorize it to broadcast on channels licensed to 42 digital TV stations currently controlled by ION. Applications for consent to the assignment of broadcast licenses and authorizations are subject, unless otherwise provided, to treatment by the Commission as restricted proceedings
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  • matter, on February 17, 2009, the Enforcement Bureau released an Order and associated Consent Decree which, inter alia, dismissed a Cherry complaint alleging unauthorized transfer of control. See Case No. EB-08-IH-0692. The Enforcement Bureau found that Tama and its creditor D.B. Zwirn Opportunities, LP (``Zwirn''), provided a plan to ensure future compliance with Section 310(d) of the Act and Section 73.3540 of the Commission's Rules (the ``Rules''). The Enforcement Bureau also concluded that there was no substantial or material question of fact as to whether Tama and Zwirn possessed the basic qualifications to hold or obtain any Commission license or authorization. See Tama Broadcasting, Inc., Order, 24 FCC Rcd 1612 (EB 2009); Tama Broadcasting, Inc., Consent Decree, 24 FCC Rcd 1615
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  • or otherwise raise a question as to an applicant's basic qualifications). Were Harper actually to be 100% owner of Twin Towers, his acquisition of complete control should have been ``passed on'' by the Commission by virtue of an FCC Form 315, ``Application for Consent to Transfer Control of Entity Holding Broadcast Construction Permit or License.'' See, e.g., 47 C.F.R. � 73.3540. See Secret Communications II, LLC, Memorandum Opinion and Order, 18 FCC Rcd 9139 (2003); Application of Bollinger, Memorandum Opinion and Order, 16 FCC Rcd 18107 (2001); and Marin Broadcasting Company, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 11 FCC Rcd 1732 (1996). ). . (Commission refuses to consider limited partner's allegation of violation of partnership agreement); Sonderling
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  • of the above-captioned licensees (``Tama,'' or the ``Licensee''); and D.B. Zwirn & Co., L.P., ultimate parent of Bernard Radio LLC and Straight Way Radio (``Zwirn'') (collectively, the ``Parties''). The Consent Decree terminates the Bureau's investigation into whether the Licensee and Zwirn, either jointly or separately, violated Section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3540 of the Commission's Rules by engaging in conduct that exceeded the scope of a local marketing agreement between Tama and Zwirn, thereby effectuating a de facto unauthorized transfer of control. The Parties have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing
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  • and deny it in all other respects; (3) deny the Petition to Deny and grant the Assignment Application; and (4) grant the Modification Application; and (5) conclude that Clear Channel is apparently liable for a monetary forfeiture in the amount of eight thousand dollars ($8,000) for unauthorized transfer of control in violation of Section 310 of the Act and Section 73.3540 of the Rules. GENERAL BACKGROUND/PLEADINGS WKGR(FM) and WLDI(FM). Prior to the filing of the Wellington and Juno Beach Applications (collectively, ``the Applications''), both WKGR(FM) and WLDI(FM) were geographically located in the Ft. Pierce-Stuart-Vero Beach, Florida Arbitron Metro Market (the ``Ft. Pierce Metro''), but were listed in Arbitron as ``home'' to the West Palm Beach-Boca Raton, Florida Arbitron Metro market (``WBP
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  • that we ``review the progress of the Enforcement Bureau investigation prior to acting upon the [Assignment Applications].'' On February 17, 2009, the Enforcement Bureau released an Order and associated Consent Decree terminating its investigation of Case No. EB-08-IH-0692. The Consent Decree, inter alia, provided for a Compliance Plan to ensure future compliance with Section 310(d) of the Act and Section 73.3540 of the Commission's Rules, termination of the investigation of the alleged unauthorized transfer of control and dismissal of the related complaint against Tama. Moreover, the EB Order concluded that its investigation raised no substantial or material questions of fact as to whether Tama possesses the basic qualifications to hold or obtain any Commission license or authorization. Moreover, it is well-established
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  • at 4-6 (citing Tama Broadcasting, Inc. and D.B. Zwirn & Co., File No. EB-08-IH-0692, Order, DA 09-225 (EB, Feb. 17, 2009) (Tama/Zwirn Order) (adopting a consent decree terminating an Enforcement Bureau investigation into whether the radio licensees violated section 310(d) of the Act, 47 U.S.C. � 310(d), and engaged in a defacto unauthorized transfer of control under 47 C.F.R. � 73.3540)). Schum provided no details on the Securities and Exchange Commission investigation or newspaper reports he references and fails to demonstrate how they are relevant to the proposed transaction. He also fails to address the conclusion of the Enforcement Bureau in the Tama/Zwirn Order that ``our investigation raises no substantial or material questions of fact as to whether Tama and Zwirn
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  • for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that Ethics willfully and repeatedly violated Section 310(d) of the Act and Section 73.3540 of the Rules by engaging in an unauthorized transfer of control of the Station beginning in November of 2005. Based on our review of the facts and circumstances before us, we conclude that Ethics is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000). Additionally, for the reasons set forth below, we grant the Petition
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  • In this Order, we adopt the attached Consent Decree entered into by the Enforcement Bureau (``Bureau'') and Long Island University Public Radio Network, licensee of Station WLIU(FM), Southampton, New York (``Licensee''). The Consent Decree terminates the Bureau's investigation into whether the Licensee and Peconic Public Broadcasting (``Peconic'') violated Section 310 of the Communications Act of 1934, as amended, and Section 73.3540 of the Commission's Rules, by engaging in conduct that exceeded the scope of a management agreement between the Licensee and Peconic, thereby effectuating a possible de facto unauthorized transfer of control. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by
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  • adopt the attached Consent Decree entered into by the Enforcement Bureau (``Bureau'') and Peconic Public Broadcasting (``Peconic''), proposed assignee of Station WLIU(FM), Southampton, New York. The Consent Decree terminates the Bureau's investigation into whether Peconic and Long Island University Public Radio Network, licensee of Station WLIU(FM) (``Licensee''), violated Section 310 of the Communications Act of 1934, as amended, and Section 73.3540 of the Commission's Rules, by engaging in conduct that exceeded the scope of a management agreement between Peconic and the Licensee, thereby effectuating a possible de facto unauthorized transfer of control. The Bureau and Peconic have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
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  • trustees and turn over to third parties responsibilities which are uniquely their own.'' Id. (Separate Statement of Commissioner Richard E. Wiley)). Response to Supplement at 7 and n.7 (citing Citicasters, 16 FCC Rcd at 3420). See Reply to Response, Ex. B. See Mid Atlantic, 23 FCC Rcd at 7589-7590 (apparent violation of 47 U.S.C. � 310(d) and 47 C.F.R. � 73.3540 when seller sought and received injunction restricting format that buyer could employ). Rocking M's contention that the lawsuit seeks equitable relief apparently rests on SCI's seeking money damages and ``such other and further relief as the Court deems just.'' Reply to Response, Ex. B. We take notice that the quoted phrase is commonplace legal ``boilerplate'' and that SCI has not
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  • (2) grant the pleading as an informal objection to the extent discussed below and deny it in all other respects; (3) grant the Assignment Application; and (4) conclude that Savage is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000) for unauthorized transfer of control in violation of Section 310 of the Act and Section 73.3540 of the Rules. BACKGROUND Annabelle Savage is the Trustee of Universal Broadcasting, Inc. (``Universal''), which is in Chapter 7 bankruptcy. As such, she is licensee of the Station. To liquidate Universal's assets, Savage held an auction to identify a buyer for the Station and its equipment. The winning bidder was Ricardo Garcia (``Garcia''), part owner of Jireh. Savage and Jireh
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  • ANNOUNCES FILING OF APPLICATIONS FOR CONSENT TO ASSIGNMENT OF BROADCAST STATION LICENSES BY TRIBUNE AND ITS SUBSIDIARY COMPANIES AND PERMIT-BUT-DISCLOSE EX PARTE STATUS FOR THE PROCEEDING MB Docket No. 10-104 On April 28, 2010, the Tribune Company and its Licensee Subsidiaries (``Tribune'') filed sixteen (16) Applications for Consent to Assignment of Broadcast Station License (FCC Form 314), pursuant to Section 73.3540 of the Commission's Rules, jointly with applications seeking consent to assign certain broadcast auxiliary, satellite earth station, private land mobile, private fixed microwave, and CARS licenses. The jointly filed applications are listed in the Appendix to this public notice. Tribune is seeking the Commission's consent to implement its ``Joint Plan of Reorganization for Tribune Company and its Subsidiaries.'' In connection
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  • BROADCAST STATION LICENSES BY TRIBUNE AND ITS SUBSIDIARY COMPANIES MB Docket No. 10-104 On May 13, 2010, the Media Bureau announced the filing of applications for the assignment of broadcast station licenses by the Tribune Company and its Licensee Subsidiaries (``Tribune''), which filed sixteen (16) Applications for Consent to Assignment of Broadcast Station License (FCC Form 314), pursuant to Section 73.3540 of the Commission's Rules, jointly with applications seeking consent to assign certain broadcast auxiliary, satellite earth station, private land mobile, private fixed microwave, and CARS licenses. Media Bureau Announces Filing of Applications for Consent to Assignment of Broadcast Station Licenses by Tribune and Its Subsidiary Companies and Permit-But-Disclose Ex Parte Status for the Proceeding, Public Notice, DA No. 10-840, MB
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  • and Carus ultimately requested their dismissal. The staff dismissed the 2006 Assignment Applications on May 12, 2010. On June 3, 2011, Carus and the Enforcement Bureau entered into a consent decree (``Consent Decree'') terminating the Enforcement Bureau investigation against Carus for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended, (``Act'') and Sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules (``Rules''), including the unauthorized transfer of control of the Stations and the broadcast of underwriting messages in excess of the thirty-second per hour limitation set forth in the Rules. On January 10, 2011, Carus filed the Application to assign the Stations to NCN. Brevard and Community filed their Petitions on February 11, 2011, and
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  • Because the proposed transaction involves a greater-than-50% change in the stock ownership of CMI and a transfer of control of CMI's 339 radio stations and Citadel's 228 radio stations, the parties have sought Commission approval of a substantial change in ownership, requiring ``long-form'' applications pursuant to Section 309(c)(2)(B) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3540 of the Commission's Rules (the ``Rules''). Radio market overlaps in the holdings of the two companies will require that six radio stations be divested to comply with the Commission's radio ownership rule. In addition, the proposed transfer of control of CMI and Citadel to the new stockholders of CMI will terminate the licensees' ability to maintain certain grandfathered ownership interests
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  • Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Hanmi Broadcasting, Inc. (``Hanmi'' or ``Licensee''), licensee of Station WPBC(AM), Decatur, Georgia, (``Station''). The Consent Decree terminates an investigation by the Bureau against Hanmi for possible violations of section 310(d) of the Communications Act of 1934, as amended, and sections 73.3526, 73.3540, 73.3613, and 73.3615 of the Commission's Rules, regarding allegations that it transferred control of the Station without Commission authorization, failed to provide access to the Station's public inspection file, failed to maintain required documents in the Station's public inspection file, and failed to file ownership reports and certain contracts with the Commission. The Bureau and Hanmi have negotiated the terms
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  • 2011 By the Chief, Audio Division, Media Bureau: Introduction In this Forfeiture Order, we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to Ethics, Inc. (``Ethics''), former operator of low-power FM (``LPFM'') station WHYR-LP, Baton Rouge, Louisiana (``Station''), for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended (``Act''), and Section 73.3540 of the Commission's Rules (``Rules'') by engaging in an unauthorized transfer of control of the Station beginning in November of 2005. BACKGROUND On January 26, 2010, the Bureau issued a Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twenty thousand dollars ($20,000) to Ethics for these violations. On April 26, 2010, Elaine
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  • ORDER Adopted: April 20, 2011 Released: April 21, 2011 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Anabelle Savage, Chapter 7 Trustee, Universal Broadcasting, Inc. (``Trustee), former licensee of Station KQLO(AM), Sun Valley, Nevada (``Station''), for willfully and repeatedly violating Section 73.3540(a) of the Commission's Rules (``Rules'') and Section 310(d) of the Communications Act of 1934, as amended (``Act''), by engaging in the unauthorized transfer of control of the Station. BACKGROUND On December 7, 2007, the United States Bankruptcy Court appointed Anabelle Savage as Trustee for Universal Broadcasting, Inc.. On July 28, 2009, the Trustee applied for Commission consent to the assignment
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  • BUREAU ANNOUNCES FILING OF APPLICATION FOR CONSENT TO THE ASSIGNMENT OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATION LICENSE FOR WMFE-TV, ORLANDO, FLORIDA MB Docket No. 11-75 On April 1, 2011, Community Communications, Inc., the licensee of noncommercial educational television station WMFE-TV, channel *24, Orlando, Florida, filed an Application for Consent to Assignment of Broadcast Station License (FCC Form 314), pursuant to Section 73.3540 of the Commission's Rules. CCI proposes to assign the station's license to Community Educators of Orlando, Inc. The application for assignment of license of WMFE-TV has been accepted for filing upon initial review. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission's rules,
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  • 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and David Carus & Associates (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 399B and 310(d) of the Communications Act of 1934, as amended, and sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules, in connection with the transfer of control of FM Translator Station W264AS, Rockledge, Florida (``Station W264AS''), FM Translator Station W272BA, Cocoa Beach, Florida, and Aural Studio Transmitter Link WQEQ835 (collectively, the ``Stations''); and the broadcast of underwriting announcements and originations concerning financial support over Station W264AS. The Bureau and the Licensee have negotiated the
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  • 2012 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) and Capstar TX, LLC (Licensee). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended (Act), and Sections 73.503(d) and 73.3540 of the Commission's rules (Rules), in connection with the broadcast of underwriting announcements concerning financial support over FM Translator Station W300BQ, Vero Beach, Florida, and the transfer of control of the same Station. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and
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  • We do not consider this transaction to be a for-profit transfer of control: therefore, we need not at this time deter mine CSC's ongoing compliance with its obligations under the second aspect of our due diligence requirement. See Directsat Corp.. 10 F.C.C.R. 88 (1995)(for-profit transfer of control al lowed where permittee proceeding with due diligence). '8 See 47 C.F.R. � 73.3540. As indicated by its caption - "Application for Consent to Transfer of Control of Corporation Holding Broadcast Station Construction Permit or License" Form 315 is to be used in a different context. 3I) Subscription Video. 2 F.C.C.R. 1001, 1006 (1987), aff'd sub nom. National Ass'n for Better Broadcasting v. FCC, 849 F.2d 665 (D.C. Cir. 1988). 40 See 47 C.F.R.
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  • will be voted will be considered to own it for purposes of these rules. Note 4 to � 73.3555: Paragraphs (a) through (d) of this section will not be applied so as to require divestiture, by any licensee, of existing facilities, and will not apply to applications for assignment of license or transfer of control filed in accordance with � 73.3540(f) or � 73.3541(b), or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy, if no new or increased concentration of ownership would be created among commonly owned, operated or controlled media properties. Paragraphs (a) through (d) of this section will apply to all applications for new stations, to all other applications
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  • In this Order, we dismiss an application for review filed May 4, 2001 by Citicasters Co. (``Citicasters''). Citicasters seeks review of a forfeiture order issued by the Chief, Enforcement Bureau. In that forfeiture order, the Bureau concluded that Citicasters willfully and repeatedly violated section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), and ordered Citicasters to forfeit a total of twenty-five thousand dollars ($25,000) to the United States. On February 13, 2001, the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Citicasters, proposing a $25,000 forfeiture because it appeared that Citicasters had assumed control of WBTJ(FM) while acting as the
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  • to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.283 and 1.80 of the Commission's Rules, Sinclair Broadcasting Group, Inc., and Glencairn, Ltd. are each hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of forty thousand dollars ($40,000) apiece for violation of Section 310(d) of the Communications Act of 1934 and Section 73.3540 of the Commission's Rules. IT IS FURTHER ORDERED, That, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice, Sinclair Broadcasting Group, Inc., and Glencairn, Ltd. each SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. Payment
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  • transfer of control of WCHR-FM. Many of the facts alleged are similar to those we have found acceptable in other cases alleging unauthorized transfer of control. Therefore, no substantial and material question of fact exists as to whether grant of the applications would serve the public interest. Under Section 310(d) of the Communications Act of 1934, as amended, and Section 73.3540 of the Commission's rules, no broadcast authorization may be transferred without the Commission's prior consent. In ascertaining whether a prohibited transfer of control has occurred, we have traditionally looked beyond legal title to see whether a new entity or individual has obtained the right to determine basic operating policies of the station. See WHDH, Inc., 17 FCC 2d 856, 863
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  • our dismissal of its application for review of a Forfeiture Order issued by the Chief, Enforcement Bureau. Citicasters' application for review challenged for the first time the Bureau's imposition of a $25,000 forfeiture based upon Citicasters' unauthorized assumption of control of WBTJ(FM), Hubbard, Ohio, in violation of section 310(d) of the Communications Act of 1934, as amended, (``Act'') and section 73.3540 of the Commission's rules (``rules''). We dismissed Citicasters' application for review pursuant to section 1.115(a) of the rules because Citicasters did not demonstrate good cause for its failure to participate in the forfeiture proceeding prior to the filing of its application for review. Citicasters contends, on reconsideration, that it was not required to make a good cause showing, and thus
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  • approval for transferring control of WTVE(TV). On August 14, 1991, RBI filed a ``short form'' or ``pro forma'' application for the assignment of WTVE(TV) from RBI, as debtor-in-possession, to RBI. Adams Exh. 21. The use of a short form application is appropriate in the case of corporate reorganizations that do not involve a ``substantial change'' in ownership. 47 C.F.R. � 73.3540(f)(4). See also 47 U.S.C. � 309(c)(2)(B). The test for substantiality is generally: (a) whether 50 percent or more of the stock is being transferred, and (b) whether, as a result of the transaction, 50 percent or more of the outstanding stock will be held by a person or persons whose qualifications have not been approved or passed on in a
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  • 26, 2002 By the Commission: I. Introduction 1. In this Order, pursuant to Sections 312(a), 312(c), and 503(b) of the Communications Act of 1934, as amended (``the Act''), we commence a hearing proceeding to determine whether the above-captioned license held by Radio Moultrie, Inc. (``RMI'') should be revoked for its failure to comply with 310(d) of the Act, and Section 73.3540 of the Commission's rules (application for voluntary assignment of control), by transferring control of Station WMGA(AM) to Dixie Broadcasting, Inc. (``DBI''), Aubrey Smith (``Smith''), and Sam and Gracie Zamarron (``the Zamarrons'') without prior authorization of the Commission; and for its willful and repeated failure to respond to official Commission correspondence ordering it to respond. 2. Also, pursuant to Section 1.80(g)
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  • assignment applications are pending. It is well established that an LMA itself does not constitute a transfer of control unless the agreement vests a disproportionate degree of control in the broker of the stations. Here, we do not find that control of the stations was ceded from the licensees to Cumulus. Under Section 310(d) of the Communications Act, and Section 73.3540 of the Commission's rules, no broadcast authorization may be transferred without the Commission's prior consent. In determining whether a premature transfer of control has occurred, we traditionally look beyond the legal title to see whether a new entity or individual has obtained the right to determine the basic operating policies of the stations. Although a licensee may delegate certain functions
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  • that Cumulus engaged in non-disqualifying misconduct warranting further inquiry. Unauthorized Transfer of Control We find that the facts alleged by Davis, even if considered true, do not establish a prima facie case that Solar, Cumulus, or Clear Channel engaged in an unauthorized transfer of control of the Solar or Cumulus Stations. Under Section 310(d) of the Communications Act and Section 73.3540 of the Commission's rules, no broadcast authorization may be transferred without the Commission's prior consent. In determining whether a premature transfer of control has occurred, we traditionally look beyond the legal title to see whether a new entity or individual has obtained the right to determine the basic operating policies of the stations. Although a licensee may delegate certain functions
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  • was filed exceeded 25%. At the time the rules went into effect, no entity owned more than the numerical caps or owned stations with a combined audience share exceeding 25%. Therefore, grandfathering existing combinations was not at issue. 1975 Multiple Ownership Second Report and Order, 50 FCC 2d at 1076 � 103; see also 47 C.F.R. �� 73.3555, note 4; 73.3540(f); 73.3541(b). We are not grandfathering existing combinations of stations that exceed the ownership limits because of an attributable interest in a station pursuant to an LMA or JSA. Existing LMAs and JSAs that result in a combination of stations exceeding the ownership limits must be terminated at the time of the sale or within two years, whichever comes first. MMTC
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  • with the limitations set forth in paragraphs (a) and (c) of this section. ***** Note 4 to � 73.3555: Paragraphs (a) through (c) of this section will not be applied so as to require divestiture, by any licensee, of existing facilities, and will not apply to applications for assignment of license or transfer of control filed in accordance with � 73.3540(f) or � 73.3541(b), or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy, if no new or increased concentration of ownership would be created among commonly owned, operated or controlled media properties. Paragraphs (a) through (c) will apply to all applications for new stations, to all other applications for assignment or
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  • heights, for the towers on which the antennas of KNGS(FM), KAAX(FM), and KAJP(FM) were to have been mounted; (f) To determine whether William L. Zawila was an undisclosed real party in interest in FCB's application for license, or whether William L. Zawila and/or FCB willfully or repeatedly violated Section 310(d) of the Communications Act of 1934, as amended, and/or Section 73.3540(a) of the Rules, by Zawila's assuming control of KZPE(FM) without prior Commission authorization; and (g) To determine, in light of the evidence adduced under the foregoing issues, whether William L. Zawila, AES, CVES, and/or FCB possess the requisite qualifications to be or remain permittees of their respective radio stations. 114. IT IS FURTHER ORDERED THAT, pursuant to Section 1.91(a) of
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  • Id. See 47 C.F.R. � 21.934. We note that exceptions exist if there is not a substantial change in ownership or control of the authorized facility from the transaction (assignment/transfer); involuntary transaction due to the licensee's bankruptcy, death, or legal disability; and if the transaction involves BTA authorizations. See id. See 47 C.F.R. �� 74.910, 73.3500. See 47 C.F.R. � 73.3540. See 47 C.F.R. � 73.3541. See 47 C.F.R. � 73.3541. ULS R&O, 13 FCC Rcd at 21079 � 113. Id. See 47 C.F.R. �� 21.901(d); 74.902(f); 74.951(e). See 47 C.F.R. � 74.951(e). See 47 C.F.R. � 74.902; see also 47 C.F.R. � 21.901. Coalition Proposal at Appendix B n.49. See, e.g., 47 C.F.R. �� 27.15, 101.535, 101.1111, 101.1323. ``Partitioning'' is
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  • Id. See 47 C.F.R. � 21.934. We note that exceptions exist if there is not a substantial change in ownership or control of the authorized facility from the transaction (assignment/transfer); involuntary transaction due to the licensee's bankruptcy, death, or legal disability; and if the transaction involves BTA authorizations. See id. See 47 C.F.R. �� 74.910, 73.3500. See 47 C.F.R. � 73.3540. See 47 C.F.R. � 73.3541. See 47 C.F.R. � 73.3541. ULS R&O, 13 FCC Rcd at 21079 � 113. Id. See 47 C.F.R. �� 21.901(d); 74.902(f); 74.951(e). See 47 C.F.R. � 74.951(e). See 47 C.F.R. � 74.902; see also 47 C.F.R. � 21.901. Coalition Proposal at Appendix B n.49. See, e.g., 47 C.F.R. �� 27.15, 101.535, 101.1111, 101.1323. ``Partitioning'' is
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  • Id. See 47 C.F.R. � 21.934. We note that exceptions exist if there is not a substantial change in ownership or control of the authorized facility from the transaction (assignment/transfer); involuntary transaction due to the licensee's bankruptcy, death, or legal disability; and if the transaction involves BTA authorizations. See id. See 47 C.F.R. �� 74.910, 73.3500. See 47 C.F.R. � 73.3540. See 47 C.F.R. � 73.3541. Id. ULS R&O, 13 FCC Rcd at 21079 � 113. See NPRM, 18 FCC Rcd at 6789-91 �� 165-170. See id. at 6791 � 169. See id. This procedure is burdensome in that it requires our engineers to generate and to enter a minor modification application into BLS for each channel that the parties seek
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  • District of Columbia Circuit has held that the Commission need not rigidly follow this two-step process, and can focus on the second step when evaluating a petition to deny. See Mobile Communications Corp. of America v. FCC, 77 F.3d 1399, 1409-10 (D.C. Cir. 1996), cert. denied, 519 U.S. 823 (1996). 47 U.S.C. � 310 (d). See also 47 C.F.R � 73.3540. See, e.g., Stereo Broadcasters, Inc., 55 F.C.C.2d 819, 821 (1975), modified, 59 F.C.C.2d 1002 (1976). See WHDH, Inc., 17 F.C.C.2d 856 (1969), aff'd sub nom. Greater Boston Television Corp. v. FCC, 444 F.2d 841 (D.C. Cir. 1970), cert. denied, 403 U.S. 923 (1971). See Choctaw Broadcasting Corporation, 12 FCC Rcd at 8538 (1997). See, e.g., Southwest Texas Public Broadcasting Council,
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  • will be voted will be considered to own it for purposes of these rules. Note 4 to � 73.3555: Paragraphs (a) through (d) of this section will not be applied so as to require divestiture, by any licensee, of existing facilities, and will not apply to applications for assignment of license or transfer of control filed in accordance with � 73.3540(f) or � 73.3541(b), or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy, if no new or increased concentration of ownership would be created among commonly owned, operated or controlled media properties. Paragraphs (a) through (d) will apply to all applications for new stations, to all other applications for assignment or
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  • discussed below, we deny. Because the proposed transaction involves a greater-than-50% change in the stock ownership of Citadel and a transfer of control of the 24 ABC Radio stations, the parties have sought Commission approval of a substantial change in ownership, requiring ``long-form'' applications pursuant to Section 309(c)(2)(B) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3540 of the Commission's Rules (the ``Rules''). Accordingly, the transfer of control of Citadel Broadcasting will terminate that licensee's ability to maintain certain grandfathered ownership interests that do not comply with the Commission's current radio ownership rule. To resolve this issue, Citadel Broadcasting also has filed the captioned application for consent to its proposed assignment of its licenses for 11 radio
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  • consistent with our approach in the DTS proceeding. See DTS Report and Order at �28. See Unlicensed Operation in the TV Broadcast Bands, ET Docket No. 04-186, Second Report and Order and Memorandum Opinion and Order, FCC 08-260, November 14, 2008 (Unlicensed Operation in the TV Broadcast Bands). See, e.g., 47 C.F.R. �� 74.703, 74.709, 90.303. See 47 C.F.R. � 73.3540(e). See 47 C.F.R. � 73.3572(a)(2). See 47 C.F.R. � 1.1102. See 47 C.F.R. � 73.3572(a). See 47 C.F.R. � 74.735. See 47 C.F.R. � 74.736. See 47 C.F.R � 74.791. See 47 C.F.R. � 74.734. See 47 C.F.R. � 74.763. See 47 C.F.R. � 73.3598. We delegate to the Media Bureau authority to announce the exact date that applications for
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  • RSS limit to `prevent continually increasing interference in the existing AM band [and] also reduce, in some cases, existing levels of interference.'''), quoting AM Improvement Report and Order, 6 FCC Rcd at 6294. See Broadcast First Report and Order, 14 FCC Rcd at 15993-15997; 47 C.F.R. � 73.5007(a). 47 C.F.R. � 73.5007(b). Id. 47 C.F.R. � 73.5007. See id. � 73.3540(f). See, e.g., Liberty Productions, a Limited Partnership, Memorandum Opinion and Order, 16 FCC Rcd 12061, stay denied, 16 FCC Rcd 18966 (2001), aff'd sub nom, Biltmore Forest Broadcasting FM, Inc. v. FCC, 321 F.3d 155 (D.C. Cir.), cert. denied, 540 U.S. 981 (2003) (``Liberty Productions''). See, e.g., Matinee Radio, LLC, Letter, 20 FCC Rcd 13713 (MB 2005), review pending. See
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  • CBA Comments at 2, CTIA Comments at 5; Dell/Google/Microsoft Corp Reply Comments at 4. CTIA Comments at 5. NPRM, 23 FCC Rcd at 18536, � 7. DTS Report and Order, 23 FCC Rcd 16750, � 33. CDE Comments at 2; Joseph M. Davis, P.E. Reply Comments at 3. NTA Comments at 2. NTA Comments at 2. See 47 C.F.R. � 73.3540(e). CBA Comments at 2. CBA Comments at 2. CDE Comments at 2. CBA Comments at 2. NPTSC Comments at 4; CDE Comments at 2. See 47 C.F.R. � 74.709; NPTSC Comments at 4-5. See supra �� 25-26, 29. See 47 C.F.R. � 74.735. See 47 C.F.R. � 74.736. See 47 C.F.R. � 74.734. See 47 C.F.R. � 74.763. Thomas C.
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  • assignment and transfer of control applications, thus eliminating any applicant confusion on the issue. 55. Notwithstanding the disagreement of the one commenter who briefly addressed this issue, we find it appropriate generally to apply the unjust enrichment provisions contained in Section 73.5007(c) of the Rules to pro forma applications to assign or transfer broadcast licenses and permits pursuant to Section 73.3540(f) of the Rules. We believe that this policy will help preserve the integrity of the designated entity measures adopted in the Broadcast Auction First Report and Order. The NEBC and unjust enrichment rule provisions are formulated in terms of parties with attributable interests. A pro forma assignment or transfer can include new parties, including parties with attributable interest holdings that
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  • practices, classifications, or regulations are just and reasonable and are not unjustly or unreasonably discriminatory; (2) enforcement of such regulation or provision is not necessary for the protection of consumers; and (3) forbearance from applying such provision or regulation is consistent with the public interest. We propose to define pro forma using the standard that is set forth in Section 73.3540(f) of our broadcast rules, which identifies common categories of transactions that are considered non-substantial and therefore are eligible for pro forma treatment: (1) assignment from an individual or individuals (including partnerships) to a corporation owned or controlled by such individuals or partnerships without any substantial change in their relative interests; (2) assignment from a corporation to its individual stockholders without
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • comment on the tentative conclusion that it is more appropriate to continue to apply our current rules to construction permits that are beyond their initial periods. E. Modifying Pro Forma Assignments and Transfers 69. Background. Pursuant to the Act and current Commission rules and policies, prior Commission Federal Communications Commission FCC 98-57 94 47 U.S.C. � 310(d); 47 C.F.R. � 73.3540(a); 47 C.F.R. � 73.3541. The instructions to FCC Form 323 set out examples of when particular transactions constitute a transfer of control or an assignment requiring prior Commission consent. For a general survey of this area, see Stephen F. Sewell, Assignments and Transfers of Control of FCC Authorizations Under Section 310(d) of the Communications Act of 1934, 43 Fed. Comm.
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • or otherwise associated with the entity. Federal Communications Commission FCC 98-281 C-9 * * * * * (c) Before any change is made in the organization, capitalization, officers, directors, or stockholders of a corporation other than licensee or permittee, which results in a change in the control of the licensee or permittee, prior FCC consent must be received under � 73.3540. A transfer of control takes place when an individual or group in privity, gains or loses affirmative or negative (50%) control. See instructions on FCC Form 323 (Ownership Report). Each permittee or licensee of a commercial AM, FM or TV Broadcast station shall file an Ownership Report on FCC Form 323 within 30 days of consummating authorized assignments or transfers
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  • ) File No. 00-IH-0283 NAL/Acct. No. 200132080019/MG NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 12, 2001 Released: February 13, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (NAL), we find that Citicasters Co. (Citicasters) apparently willfully and repeatedly violated Section 310(d) of the Communications Act, as amended (the Act), and Section 73.3540 of the Commission's rules by assuming control of WBTJ(FM), Hubbard, Ohio, without prior Commission consent. Based upon the facts and circumstances surrounding these apparent violations, we find that Citicasters is apparently liable for a forfeiture in the amount of $25,000. BACKGROUND Citicasters is an indirect subsidiary of Clear Channel Communications, Inc., which controls radio station licenses in and around the
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  • NAL/Acct. No. 20013208005 Facility #63149 FORFEITURE ORDER Adopted: March 13, 2001 Released: March 15, 2001 By the Chief, Enforcement Bureau: Introduction In this Forfeiture Order, we find that K.I.D.S. - TV6, licensee of low power television station K06MU, Big Bear Lake, California, violated section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by transferring de facto control of the K06MU license without obtaining prior Commission approval. We conclude that K.I.D.S. - TV6 is liable for an eight thousand dollar ($8,000) forfeiture. Background On October 20, 2000, the Commission, by the Chief, Enforcement Bureau, acting pursuant to delegated authority, issued a Notice of Apparent Liability
• http://transition.fcc.gov/eb/Orders/2001/da01823.doc http://transition.fcc.gov/eb/Orders/2001/da01823.html
  • of Citicasters Co. ) ) ) ) ) ) ) File No. 00-IH-0283 NAL/Acct. No. 200132080019 FORFEITURE ORDER Adopted: March 30, 2001 Released: April 4, 2001 By the Chief, Enforcement Bureau: Introduction In this Forfeiture Order, we find that Citicasters Co. (``Citicasters''), violated section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by assuming control of WBTJ(FM), Hubbard, Ohio, without obtaining prior Commission approval. We conclude that Citicasters is liable for a twenty-five thousand dollar ($25,000) forfeiture. Background On February 13, 2001, the Commission, by the Chief, Enforcement Bureau, acting pursuant to delegated authority, issued a Notice of Apparent Liability for Forfeiture (``NAL'') to
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-12A1.html
  • our dismissal of its application for review of a Forfeiture Order issued by the Chief, Enforcement Bureau.2 Citicasters' application for review challenged for the first time the Bureau's imposition of a $25,000 forfeiture based upon Citicasters' unauthorized assumption of control of WBTJ(FM), Hubbard, Ohio, in violation of section 310(d) of the Communications Act of 1934, as amended, (``Act'') and section 73.3540 of the Commission's rules (``rules'').3 We dismissed Citicasters' application for review pursuant to section 1.115(a) of the rules because Citicasters did not demonstrate good cause for its failure to participate in the forfeiture proceeding prior to the filing of its application for review. Citicasters contends, on reconsideration, that it was not required to make a good cause showing, and thus
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-319A1.html
  • 26, 2002 By the Commission: I. Introduction 1. In this Order, pursuant to Sections 312(a), 312(c), and 503(b) of the Communications Act of 1934, as amended (``the Act''),1 we commence a hearing proceeding to determine whether the above-captioned license held by Radio Moultrie, Inc. (``RMI'') should be revoked for its failure to comply with 310(d) of the Act,2 and Section 73.3540 of the Commission's rules (application for voluntary assignment of control),3 by transferring control of Station WMGA(AM) to Dixie Broadcasting, Inc. (``DBI''), Aubrey Smith (``Smith''), and Sam and Gracie Zamarron (``the Zamarrons'') without prior authorization of the Commission; and for its willful and repeated failure to respond to official Commission correspondence ordering it to respond. 2. Also, pursuant to Section 1.80(g)
• http://transition.fcc.gov/eb/Orders/2003/DA-03-3513A1.html
  • November 4, 2003 By the Chief, Enforcement Bureau: I. Introduction 1. By this Order, acting pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(16) of the Commission's rules,1 we revoke the above-captioned broadcast license held by Radio Moultrie, Inc. (``RMI'') for RMI's having violated Section 310(d) of the Communications Act of 1934, as amended (``the Act''),2 and Section 73.3540 of the Commission's rules,3 and for its having failed to follow the Commission's directives. We conclude, based upon the evidence of its conduct, that RMI lacks the basic requisite character qualifications to be and remain a Commission licensee. II. Background 2. The Commission designated this case for hearing.4 The OSC specified the following issues: (a) to determine the facts and
• http://transition.fcc.gov/eb/Orders/2005/DA-05-603A1.html
  • WQII(AM), ) San Juan, Puerto Rico ) ORDER Adopted: March 10, 2005 Released: March 11, 2005 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (the ``Bureau'') has been investigating whether Communications Counsel Group, Inc. (``CCG''), licensee of Station WQII(AM), San Juan, Puerto Rico, has violated section 310(d) of the Communications Act of 1934, as amended,1 and sections 73.1015, 73.3526, 73.3540, and 73.3615 of the Commission's rules,2 in connection with its operation of the station and responses to letters of inquiry sent by the Bureau. 2. The Bureau and CCG have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the
• http://transition.fcc.gov/eb/Orders/2005/DA-05-603A2.html
  • by original signatures. ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION ________________________________ _______________ David H. Solomon, Chief Date COMMUNICATIONS COUNSEL GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful 47 C.F.R. 73.1015 written statements to Commission inquiries Failure to accurately and 47 C.F.R. 73.3615 timely complete ownership reports Unauthorized transfer of 47 U.S.C. 310(d); 47 control C.F.R. 73.3540 Failure to make public 47 C.F.R. 73.3526 inspection file available upon request Table II Payment Schedule April 1, 2005 $5,000 May 1, 2005 $2,500 June 1, 2005 $2,500 July 1, 2005 $2,500 August 1, 2005 $2,500 September 1, 2005 $2,500 October 1, 2005 $2,500 November 1, 2005 $2,500 December 1, 2005 $2,500 January 2, 2006 $2,500 February 1, 2006 $2,500
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2333A1.html
  • Enforcement Bureau, Kenneth Wayne Diebel, ("Diebel"), Licensee of Station KHMB(FM), Hamburg, Arkansas, and R&M Broadcasting, Inc., ("R&M"). The Consent Decree terminates an investigation initiated by the Enforcement Bureau to determine whether control of Station KHMB(FM) was transferred without Commission authorization from Diebel to R&M, in violation of, inter alia, Section 310(d) of the Act, 47 U.S.C. S 310(d), and Section 73.3540 of the Commission's rules, 47 C.F.R. S 73.3540, and to determine whether Diebel complied with certain requirements of the Commission's rules for broadcast licensees. 2. The Enforcement Bureau, Diebel and R&M have negotiated the terms of a Consent Decree that resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference.
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1668A1.html
  • 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Sunshine Broadcasters, Inc., licensee of Station WIGN(AM) Bristol, Tennessee (Facility ID No. 63979) (the "Licensee"). The Consent Decree terminates the Bureau's investigation regarding whether the Licensee violated Section 310(d) of the Communications Act of 1934, as amended (the "Act"), and Section 73.3540 of the Commission's rules by engaging in a stock transfer that resulted in a transfer of control of the Licensee without first obtaining Commission approval. 2. The Bureau and Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the
• http://transition.fcc.gov/eb/Orders/2009/DA-09-225A1.html
  • of the above-captioned licensees ("Tama," or the "Licensee"); and D.B. Zwirn & Co., L.P., ultimate parent of Bernard Radio LLC and Straight Way Radio ("Zwirn") (collectively, the "Parties"). The Consent Decree terminates the Bureau's investigation into whether the Licensee and Zwirn, either jointly or separately, violated Section 310(d) of the Communications Act of 1934, as amended (the "Act"), and Section 73.3540 of the Commission's Rules by engaging in conduct that exceeded the scope of a local marketing agreement between Tama and Zwirn, thereby effectuating a de facto unauthorized transfer of control. 2. The Parties have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3.
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1861A1.html
  • In this Order, we adopt the attached Consent Decree entered into by the Enforcement Bureau ("Bureau") and Long Island University Public Radio Network, licensee of Station WLIU(FM), Southampton, New York ("Licensee"). The Consent Decree terminates the Bureau's investigation into whether the Licensee and Peconic Public Broadcasting ("Peconic") violated Section 310 of the Communications Act of 1934, as amended, and Section 73.3540 of the Commission's Rules, by engaging in conduct that exceeded the scope of a management agreement between the Licensee and Peconic, thereby effectuating a possible de facto unauthorized transfer of control. 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1862A1.html
  • adopt the attached Consent Decree entered into by the Enforcement Bureau ("Bureau") and Peconic Public Broadcasting ("Peconic"), proposed assignee of Station WLIU(FM), Southampton, New York. The Consent Decree terminates the Bureau's investigation into whether Peconic and Long Island University Public Radio Network, licensee of Station WLIU(FM) ("Licensee"), violated Section 310 of the Communications Act of 1934, as amended, and Section 73.3540 of the Commission's Rules, by engaging in conduct that exceeded the scope of a management agreement between Peconic and the Licensee, thereby effectuating a possible de facto unauthorized transfer of control. 2. The Bureau and Peconic have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by
• http://transition.fcc.gov/eb/Orders/2011/DA-11-242A1.html
  • Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Hanmi Broadcasting, Inc. ("Hanmi" or "Licensee"), licensee of Station WPBC(AM), Decatur, Georgia, ("Station"). The Consent Decree terminates an investigation by the Bureau against Hanmi for possible violations of section 310(d) of the Communications Act of 1934, as amended, and sections 73.3526, 73.3540, 73.3613, and 73.3615 of the Commission's Rules, regarding allegations that it transferred control of the Station without Commission authorization, failed to provide access to the Station's public inspection file, failed to maintain required documents in the Station's public inspection file, and failed to file ownership reports and certain contracts with the Commission. 2. The Bureau and Hanmi have negotiated the
• http://transition.fcc.gov/eb/Orders/2011/DA-11-862A1.html
  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and David Carus & Associates (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 399B and 310(d) of the Communications Act of 1934, as amended, and sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules, in connection with the transfer of control of FM Translator Station W264AS, Rockledge, Florida ("Station W264AS"), FM Translator Station W272BA, Cocoa Beach, Florida, and Aural Studio Transmitter Link WQEQ835 (collectively, the "Stations"); and the broadcast of underwriting announcements and originations concerning financial support over Station W264AS. 2. The Bureau and the Licensee have negotiated
• http://transition.fcc.gov/eb/Orders/2012/DA-12-568A1.html
  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) and Capstar TX, LLC (Licensee). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended (Act), and Sections 73.503(d) and 73.3540 of the Commission's rules (Rules), in connection with the broadcast of underwriting announcements concerning financial support over FM Translator Station W300BQ, Vero Beach, Florida, and the transfer of control of the same Station. 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto
• http://transition.fcc.gov/eb/Orders/da001429.doc http://transition.fcc.gov/eb/Orders/da001429.txt
  • ORDERED that the investigation in this proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested to counsel for Raide and Radio Corporation, James L. Oyster, Esquire, 108 Oyster Lane, Castleton, Virginia 22716-2839. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See also 47 C.F.R. � 73.3540. The initial proposed assignee was Radio Corporation. By amendment filed March 31, 2000, Galaxy Communications, L.P. (``Galaxy''), was substituted as the proposed assignee. Raide holds a voting and equity interest in Galaxy's general partner and is an officer and director of that entity. FEDERAL COMMUNICATIONS COMMISSION DA 00-1429 FEDERAL COMMUNICATIONS COMMISSION DA 00-1429 � � �
• http://transition.fcc.gov/eb/Orders/da001575.doc http://transition.fcc.gov/eb/Orders/da001575.txt
  • ) ) File Number 98080351 NAL/Acct. No. x32080020 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 13, 2000 Released: July 14, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Kevin Hackler (``Hackler'') apparently violated Section 310(d) of the Communications Act of 1934 (``Act''), as amended, and Section 73.3540 of the Commission's rules, by transferring control of commercial radio Station KSRW(FM), Childress, TX, without first obtaining Commission approval, and Section 73.3615(c) of the Commission's rules by failing to file an updated ownership report with the Commission. We conclude that Kevin Hackler is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). II. BACKGROUND 2. By
• http://transition.fcc.gov/eb/Orders/da001579.doc http://transition.fcc.gov/eb/Orders/da001579.txt
  • File Number 98080351 NAL/Acct. No. x32080019 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 13, 2000 Released: July 14, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Kenneth Paul Harris, Sr. (``Harris'') apparently violated Section 310(d) of the Communications Act of 1934 (``Act''), as amended, and Section 73.3540 of the Commission's rules, by assuming control of commercial radio Station KSRW(FM), Childress, TX, from licensee Kevin Hackler (``Hackler'') without first obtaining Commission approval. We conclude that Harris is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. By inquiry letter dated September 23, 1999, we commenced an investigation into allegations that Hackler,
• http://transition.fcc.gov/eb/Orders/da001745.doc http://transition.fcc.gov/eb/Orders/da001745.txt
  • OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 2, 2000 Released: August 3, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that Stone/Collins Communications, Inc. (``Stone/Collins''), licensee of WEPG(AM), South Pittsburg, Tennessee, has apparently violated Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and Section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by transferring control of the WEPG(AM) license without obtaining prior Commission approval. We conclude that Stone/Collins is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). Background On May 19, 2000, an application was filed to assign the license for WEPG(AM) from Stone/Collins to Double R Communications, L.L.C.
• http://transition.fcc.gov/eb/Orders/da002358.doc http://transition.fcc.gov/eb/Orders/da002358.txt
  • FORFEITURE Adopted: October 18, 2000 Released: October 20, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that K.I.D.S. - TV6, licensee of low power television station K06MU, Big Bear Lake, California, has apparently violated Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and Section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by transferring de facto control of the K06MU license without obtaining prior Commission approval. We conclude that K.I.D.S. - TV6 is apparently liable for an eight thousand dollar ($8,000) forfeiture. Background The Enforcement Bureau received a complaint alleging that K.I.D.S. - TV6 had sold the license for K06MU without obtaining Commission approval.
• http://transition.fcc.gov/eb/Orders/da002359.doc http://transition.fcc.gov/eb/Orders/da002359.txt
  • 2000 Released: October 20, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that Bear Valley Broadcasting, Inc. (``Bear Valley''), proposed assignee of low power television station K06MU, Big Bear Lake, California, has apparently violated Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and Section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by assuming de facto control of the K06MU license without obtaining prior Commission approval. We conclude that Bear Valley is apparently liable for an eight thousand dollar ($8,000) forfeiture. Background The Enforcement Bureau received a complaint alleging that K.I.D.S. - TV6, the licensee of K06MU, had sold the license for K06MU without
• http://transition.fcc.gov/eb/Orders/da002844.doc http://transition.fcc.gov/eb/Orders/da002844.txt
  • ) ) File No. 99100489 NAL/Acct. No. 20013208006 Facility #63149 JWS FORFEITURE ORDER Adopted: December 18, 2000 Released: December 20, 2000 By the Chief, Enforcement Bureau: Introduction 1. In this Forfeiture Order, we find that Bear Valley Broadcasting, Inc. (``Bear Valley'') violated section 310(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), and section 73.3540(a) of the Commission's rules by willfully and repeatedly assuming de facto control of the K06MU license without obtaining prior Commission approval. Based on our review of the facts and circumstances of this case and after considering Bear Valley's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Bear Valley is liable for a forfeiture in
• http://transition.fcc.gov/eb/Orders/da00669.doc http://transition.fcc.gov/eb/Orders/da00669.txt
  • amended, 47 U.S.C �� 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311of the Commission's rules, 47 C.F.R. �� 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 7. IT IS FURTHER ORDERED that the above captioned forfeiture proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See also 47 C.F.R. � 73.3540. 12 FCC Rcd 17087 (1997), recon. denied, FCC 99-407, released December 28, 1999. A companion Notice of Apparent Liability, DA 99-2258, released October 22, 1999, was sent to Miles Carter. By letter dated November 22, 1999, Miles Carter advised, inter alia, that he had resigned from KANZA's employ and had paid the forfeiture. In this regard, the voluntary contribution referenced
• http://transition.fcc.gov/eb/Public_Notices/da002855.doc http://transition.fcc.gov/eb/Public_Notices/da002855.html
  • Radio Station KICO, Hanson Broadcasting Co. of California, Calexico, CA, issued NOV for failure to log EAS equipment repairs, 47 CFR 11.352. San Diego Office, 11/28/00 47 C.F.R. � 11.51 - EAS Code and Attention Signal Transmission Requirements Candido D. Carrelo, WDJZ, Naugatuck, CT: Other violations: 47 C.F.R. �� 73.49 AM Transmission System Fencing Requirements), 73.1125 (Station Main Studio Location), 73.3540 (Application for Voluntary Assignment or Transfer of Control), and 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (11/7/00). Pinnacle FM Broadcasting, Inc., Gainesville, FL. Other violation: 47 C.F.R. � 11.61(Tests of EAS Procedures). Tampa, FL District Office (11/28/00). 47 C.F.R. � 11.52 - EAS Code and Attention Signal Monitoring Requirements Radio Station KREA, JMK Communications, Inc.,
• http://transition.fcc.gov/fcc-bin/audio/DA-11-1546A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-1546A1.pdf
  • Because the proposed transaction involves a greater-than-50% change in the stock ownership of CMI and a transfer of control of CMI's 339 radio stations and Citadel's 228 radio stations, the parties have sought Commission approval of a substantial change in ownership, requiring ``long-form'' applications pursuant to Section 309(c)(2)(B) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3540 of the Commission's Rules (the ``Rules''). Radio market overlaps in the holdings of the two companies will require that six radio stations be divested to comply with the Commission's radio ownership rule. In addition, the proposed transfer of control of CMI and Citadel to the new stockholders of CMI will terminate the licensees' ability to maintain certain grandfathered ownership interests
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • noncommercial educational stations. [622]TEXT [623]PDF 73.3533 Application for construction permit or modification of construction permit. [624]TEXT [625]PDF 73.3536 Application for license to cover construction permit. [626]TEXT [627]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [628]TEXT [629]PDF 73.3538 Application to make changes in an existing station. [630]TEXT [631]PDF 73.3539 Application for renewal of license. [632]TEXT [633]PDF 73.3540 Application for voluntary assignment or transfer of control. [634]TEXT [635]PDF 73.3541 Application for involuntary assignment of license or transfer of control. [636]TEXT [637]PDF 73.3542 Application for emergency authorization. [638]TEXT [639]PDF 73.3543 Application for renewal or modification of special service authorization. [640]TEXT [641]PDF 73.3544 Application to obtain a modified station license. [642]TEXT [643]PDF 73.3545 Application for permit to deliver programs to
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000227.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000227.txt
  • By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that KEOT, Inc., licensee of FM broadcast station KEOT(FM), St. George, Utah, engaged in the transfer of substantial control of this station without prior Commission consent, in apparent violation of Section 310(d) of the Communications Act of 1934, as amended ("Act"), and Section 73.3540 of the Commission's Rules. We conclude that KEOT, Inc. is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND The licensee, then known as EAR, Inc., commenced operation of Station KEOT(FM), in November 1994. At that time, the licensee's stock was owned by Floyd Ence (50 percent), and Lavon Randall (50 percent). In May
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000669.doc
  • or inconsistent with any subsequent rule or order adopted by the Commission will be superseded by such Commission rule or order. 17. This Consent Decree may be signed in counterparts. FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU By: __________________________ ____________ David H. Solomon Date Chief, Enforcement Bureau KANZA, Inc. By: _________________________ ____________ Michael L. Carter Date President See also 47 C.F.R. � 73.3540. 12 FCC Rcd 17087 (1997), recon. denied, FCC 99-407, released December 28, 1999. A companion Notice of Apparent Liability, DA 99-2258, released October 22, 1999, was sent to Miles Carter. By letter dated November 22, 1999, Miles Carter advised, inter alia, that he had resigned from KANZA's employ and had paid the forfeiture. In this regard, the voluntary contribution referenced
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001429.doc
  • ORDERED that the investigation in this proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested to counsel for Raide and Radio Corporation, James L. Oyster, Esquire, 108 Oyster Lane, Castleton, Virginia 22716-2839. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See also 47 C.F.R. � 73.3540. The initial proposed assignee was Radio Corporation. By amendment filed March 31, 2000, Galaxy Communications, L.P. (``Galaxy''), was substituted as the proposed assignee. Raide holds a voting and equity interest in Galaxy's general partner and is an officer and director of that entity. FEDERAL COMMUNICATIONS COMMISSION DA 00-1429 FEDERAL COMMUNICATIONS COMMISSION DA 00-1429 � � � � �
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001578.doc
  • ) ) File Number 98080351 NAL/Acct. No. x32080020 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 13, 2000 Released: July 14, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Kevin Hackler (``Hackler'') apparently violated Section 310(d) of the Communications Act of 1934 (``Act''), as amended, and Section 73.3540 of the Commission's rules, by transferring control of commercial radio Station KSRW(FM), Childress, TX, without first obtaining Commission approval, and Section 73.3615(c) of the Commission's rules by failing to file an updated ownership report with the Commission. We conclude that Kevin Hackler is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). II. BACKGROUND 2. By
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001579.doc
  • File Number 98080351 NAL/Acct. No. x32080019 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 13, 2000 Released: July 14, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Kenneth Paul Harris, Sr. (``Harris'') apparently violated Section 310(d) of the Communications Act of 1934 (``Act''), as amended, and Section 73.3540 of the Commission's rules, by assuming control of commercial radio Station KSRW(FM), Childress, TX, from licensee Kevin Hackler (``Hackler'') without first obtaining Commission approval. We conclude that Harris is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. By inquiry letter dated September 23, 1999, we commenced an investigation into allegations that Hackler,
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001745.doc
  • OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 2, 2000 Released: August 3, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that Stone/Collins Communications, Inc. (``Stone/Collins''), licensee of WEPG(AM), South Pittsburg, Tennessee, has apparently violated Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and Section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by transferring control of the WEPG(AM) license without obtaining prior Commission approval. We conclude that Stone/Collins is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). Background On May 19, 2000, an application was filed to assign the license for WEPG(AM) from Stone/Collins to Double R Communications, L.L.C.
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002358.doc
  • FORFEITURE Adopted: October 18, 2000 Released: October 20, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that K.I.D.S. - TV6, licensee of low power television station K06MU, Big Bear Lake, California, has apparently violated Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and Section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by transferring de facto control of the K06MU license without obtaining prior Commission approval. We conclude that K.I.D.S. - TV6 is apparently liable for an eight thousand dollar ($8,000) forfeiture. Background The Enforcement Bureau received a complaint alleging that K.I.D.S. - TV6 had sold the license for K06MU without obtaining Commission approval.
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002359.doc
  • 2000 Released: October 20, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that Bear Valley Broadcasting, Inc. (``Bear Valley''), proposed assignee of low power television station K06MU, Big Bear Lake, California, has apparently violated Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and Section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by assuming de facto control of the K06MU license without obtaining prior Commission approval. We conclude that Bear Valley is apparently liable for an eight thousand dollar ($8,000) forfeiture. Background The Enforcement Bureau received a complaint alleging that K.I.D.S. - TV6, the licensee of K06MU, had sold the license for K06MU without
• http://www.fcc.gov/Bureaus/International/Notices/1998/fcc98149.pdf
  • L. No. 104-104, � 401, 110 Stat. 56. 25 See Federal Communications Bar Association's Petition for Forbearance from Section 310(d) of the Communications Act Regarding Non-Substantial Assignments of Wireless Licenses and Transfers of Control Involving Telecommunications Carriers, Memorandum Opinion and Order, 13 FCC Rcd 6293 (1998) (Section 310(d) Forbearance Order). 26 47 U.S.C. � 160(a). 27 See 47 C.F.R. � 73.3540(f); see also infra Appendix A, � 63.24(a); cf. Section 310(d) Forbearance Order �� 8�9. 28 Cf. Metromedia, Inc., Memorandum Opinion and Order, 98 FCC 2d 300, 305 ��� 8�9 (1984) (discussing the test for whether an interest to be transferred involves "a substantial change in ownership or control" for purposes of Section 309(c)(2)(B)). 8 13. In response to two petitions
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • comment on the tentative conclusion that it is more appropriate to continue to apply our current rules to construction permits that are beyond their initial periods. E. Modifying Pro Forma Assignments and Transfers 69. Background. Pursuant to the Act and current Commission rules and policies, prior Commission Federal Communications Commission FCC 98-57 94 47 U.S.C. � 310(d); 47 C.F.R. � 73.3540(a); 47 C.F.R. � 73.3541. The instructions to FCC Form 323 set out examples of when particular transactions constitute a transfer of control or an assignment requiring prior Commission consent. For a general survey of this area, see Stephen F. Sewell, Assignments and Transfers of Control of FCC Authorizations Under Section 310(d) of the Communications Act of 1934, 43 Fed. Comm.
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/da992258.doc
  • 615 Cherokee Marshall, Missouri 65340 Dear Mr. Carter: This letter constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE to you (sometimes hereafter referred to as ``Licensee'') pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''). As explained herein, we believe that you have willfully and/or repeatedly violated Section 310(d) of the Act and Sections 73.3540 and 73.1125 of the Commission's Rules. This action is taken pursuant to authority delegated to the Chief, Mass Media Bureau, by Section 0.283 of the Commission's Rules. Background On June 16, 1992, you applied for a construction permit to build a new commercial FM station on non-reserved channel 248 at Malta Bend, Missouri. Malta Bend is located some 10 miles
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/da992259.doc
  • President KANZA, Inc. 102 North Mason Carrollton, Missouri 64633 Dear Mr. Carter: This letter constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE to KANZA, Inc. (``KANZA'') pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''). As explained herein, we believe that KANZA has willfully and/or repeatedly violated Section 310(d) of the Act and Section 73.3540 of the Commission's Rules by assuming control of Station KRLI(FM), Malta Bend, Missouri, without Commission authorization. This action is taken pursuant to authority delegated to the Chief, Mass Media Bureau, by Section 0.283 of the Commission's Rules. Background On June 16, 1992, your son, Miles Carter, applied for a construction permit to build a new commercial FM station on non-reserved
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • or otherwise associated with the entity. Federal Communications Commission FCC 98-281 C-9 * * * * * (c) Before any change is made in the organization, capitalization, officers, directors, or stockholders of a corporation other than licensee or permittee, which results in a change in the control of the licensee or permittee, prior FCC consent must be received under � 73.3540. A transfer of control takes place when an individual or group in privity, gains or loses affirmative or negative (50%) control. See instructions on FCC Form 323 (Ownership Report). Each permittee or licensee of a commercial AM, FM or TV Broadcast station shall file an Ownership Report on FCC Form 323 within 30 days of consummating authorized assignments or transfers
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00011.doc
  • Bureau (``Bureau''), DA 99-1607 and DA 99-1608, both released August 13, 1999. In those decisions, the Bureau denied reconsideration of forfeiture orders, DA 99-1230, released June 24, 1999, and DA 99-1255, released June 25, 1999. In the forfeiture orders, the Bureau concluded that WBMC willfully and repeatedly violated Section 310(d) of the Communications Act, 47 U.S.C. Section 310(d), and Sections 73.3540 and 73.1125 of the Commission's Rules, 47 C.F.R. Sections 73.3540 and 73.1125, and ordered that WBMC forfeit a total of $30,000 to the United States. 2. The staff properly decided the matters raised below, and we uphold the staff decisions for the reasons stated therein. There is no reason to disturb those decisions. In addition to arguments previously raised before
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00245.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00245.txt
  • 47 C.F.R. �� 73.1120 and 73.1125(a) and (c), with respect to the maintenance of a main studio for WJUX(FM); (c) whether Turro engaged in an unauthorized transfer of control, or otherwise exercised and/or continues to exercise de facto control over WJUX(FM), in violation of Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. � 310(d), and Section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a); (d) whether Monticello engaged in an unauthorized transfer of control or otherwise abdicated control of WJUX(FM) to Turro or an affiliated entity in violation of Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. � 310(d), and Section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a); (e) whether
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980519.html
  • Palm Beach stations as well as the operation and control of these stations. Action by Bureau Chief. Adopted: May 15, 1998. by Letter. (DA No. 98-920). MMB AMERICAN RADIO SYSTEMS CORPORATION. Issued Notice of Apparent Liability for forfeiture of $18,500 to American Radio Systems Corporation (ARSC) for apparent willful and repeated violation of Section 310(d) of the Communications Act, Section 73.3540(a) of the Commission's rules and Section 73.3555(a) of the Commission's rules, regarding ARSC's acquisition of Palm Beach Radio Broadcasting, Inc.'s West Palm Beach stations as well as the operation and control of these stations. Action by Bureau Chief. Adopted: May 15, 1998. by Letter. (DA No. 98-919). MMB [20][icon bar] References 1. http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt051898.pdf 2. http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980949.pdf 3. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/pnmm8078.wp 4. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/TV_Notices/pnmm8077.wp 5.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980730.html
  • fees collected from subscribers in cable operator's gross revenues. Action by the Commission. Adopted: July 24, 1998. by MO&O. (FCC No. 98-173). CSB Internet URL: [9]http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98173.wp KSLD(AM)/KKIS-FM, SOLDOTNA, AK. Issued Notice of Apparent Liability for Forfeiture of $10,000 each to King Broadcasters, Inc., and KSMRI, Inc., for willful and repeated violation of Section 310(d) of the Communications Act and Section 73.3540 of the Commission's Rules. Granted assignment applications for stations KSLD(AM)/KKIS-FM, Soldotna, AK, from King Broadcasters, Inc. to Chester P. Coleman. Action by Bureau Chief. Adopted: July 29, 1998. by NAL - Letter. (DA No. 98-1509). MMB Internet URL: [10]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da981509.wp ADDENDA: The following items, released July 29, 1998, did not appear in Digest No. 145: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- ---
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990305.html
  • TELEVISION I. Denied complaint filed against the August 1, 1998 cable programming services tier rate increase in Beverly Hills, CA. Action by Acting Chief, Financial Analysis and Compliance Division. Adopted: February 25, 1999. by Order. (DA No. 99-421). CSB Internet URL: [13]http://www.fcc.gov/Bureaus/Cable/Orders/1999/da990421.wp EDDIE BOND, DREW, MS. Reduced forfeiture of Eddie Bond, former licensee of station WOHT(FM) for violation of Section 73.3540 of FCC Rules. Action by Chief, Mass Media Bureau. Adopted: March 4, 1999. by MO&O. (DA No. 99-451). MMB Internet URL: [14]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da990451.wp ADDENDA: The following items, released March 4, 1999, did not appear in Digest No. 42: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: March 4, 1999. PROPOSED SECOND QUARTER 1999 UNIVERSAL SERVICE CONTRIBUTION FACTORS.CC Docket 96-45; Contact Jack Zinman,
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990408.html
  • Communications Act of 1934, as amended. Action by Bureau Chief. Adopted: April 7, 1999. by MO&O/Forf. Ord. (DA No. 99-669). MMB Internet URL: [9]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da990669.wp FM BROADCASTERS OF DOUGLAS COUNTY, FORMER LICENSEE, STATION KKMX(FM), TRI CITY , OR. Ordered FM Broadcasters of Douglas County to forfeit $10,000 for willful and repeated violations of Section 310(d) of the Communications Act and Section 73.3540 of the Commission's Rules re: its unauthorized transfer of control of Station KKMX(FM) from January 18, 1991, to December 8, 1991. Action by Bureau Chief. Adopted: April 7, 1999. by MO&O/Forf. Ord. (DA No. 99-670). MMB Internet URL: [10]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da990670.wp NORTHEAST KANSAS BROADCAST SERVICE, INC., LICENSEE OF TELEVISION STATION KTKA-TV, TOPEKA, KANSAS. Ordered Northeast Kansas Broadcast Service, Inc., licensee of television
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990415.html
  • By Order Adopting Protective Order. Action by Chief, International Bureau. Adopted: April 15, 1999. (DA No. 99-703). IB" KSRM, INC. Issued monetary forfeiture in the amount of $10,000 to KSRM, Inc., licensee KSRM(AM), Soldotona and KWHQ(FM), Kenai, Alaska, for willful and repeated violations of Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. Section 310(d), and Section 73.3540 of the Commission's rules. Action by Chief, Mass Media Bureau. Adopted: April 13, 1999. by Forfeiture Order. (DA No. 99-711). MMB Internet URL: [11]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da990711.wp KING BROADCASTERS, INC. Issued monetary forfeiture in the amount of $10,000 to King Broadcasters, Inc., licensee of KSLD(AM), KKIS(FM), Soldotna, Alaska, for willful and repeated violations of Section 310(d) of the Communications Act of 1934, as
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990714.html
  • VARIOUS PRIMARY AND TRANSLATOR RDIO STATIONS IN COLORADO. Granted Colorado West Broadcasting, Inc.'s applications for transfer of control and for renewal of its licenses for various primary an translator radio stations in Colorado. Issued Notice of Apparent Liability for Foreiture to Colorado West Broadcasting, Inc. for violations of Section 310(d) of the Communications Act of 1934, as amended and Sections 73.3540 and 73.3615 and Section 73.3526, regarding transfer of control, ownership reports and public files. Action by Bureau Chief. Adopted: July 13, 1999. by Letter. (DA No. 99-1366). MMB Internet URL: [18]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da991366.wp ODCOM CORPORATION. Granted ODCOM Corporation's License Correction Request and reissued the license for Station WLM230 with primary status. Action by Chief, Public Safety and Private Wireless Division. Adopted: July
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd001220.html
  • violations of the Commission's merger conditions in the SBC/Ameritech Merger Order. Action by: Chief, Enforcement Bureau. Adopted: 12/19/2000 by NALF. (DA No. 00-2858). ENF [84]DA-00-2858A1.pdf [85]DA-00-2858A1.doc [86]DA-00-2858A1.txt BEAR VALLEY BROADCASTING, INC.. Found Bear Valley Broadcasting, Inc. liable for a monetary forfeiture in the amount of $8,000 for willful and repeated violations of section 310(d) of the Communications Act and section 73.3540 of the Commission's rules. Action by: Chief, Enforcement Bureau. Adopted: 12/18/2000 by Forfeiture Order. (DA No. 00-2844). ENF [87]DA-00-2844A1.pdf [88]DA-00-2844A1.doc [89]DA-00-2844A1.txt MICHAEL E. GALLAGHER. Adopted a Consent Decree terminating a forfeiture proceeding against Michael E. Gallagher concerning operation of an Amateur Radio transmitter in violation of Sections 97.101(a), 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules. Action by: Chief, Enforcement
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd031104.html
  • it submitted in response to a letter of inquiry by the Enforcement Bureau. Action by: Chief, Enforcement Bureau. Adopted: 11/03/2003 by ORDER. (DA No. 03-3521). EB [32]DA-03-3521A1.doc [33]DA-03-3521A1.pdf [34]DA-03-3521A1.txt RADIO MOULTRIE, INC., LICENSEE, STATION WMGA(AM), MOULTRIE, GA. Revoked the license held by Radio Moultrie, Inc., for violating Section 310 (d) of the Communications Act of 1934, as amended, and Section 73.3540 of the Commission's rules. (Dkt No. 02-367). Action by: Chief, Enforcement Bureau. Adopted: 11/03/2003 by ORDER. (DA No. 03-3513). EB [35]DA-03-3513A1.doc [36]DA-03-3513A1.pdf [37]DA-03-3513A1.txt TELEFUTURA FRESNO, LLC V. ECHOSTAR COMMUNICATIONS CORPORATION. Granted satellite must carry complaint filed by KTFF against Echostar Communications in the Fresno Designated Market Area. Action by: Deputy Chief, Media Bureau. Adopted: 10/31/2003 by MO&O. (DA No. 03-3509).
• http://www.fcc.gov/Forms/Form316/316.pdf
  • or transfer of a controlling interest in a licensee/permittee to an executor, administrator, or other court-appointed individual caused by death or other legal disability; or 8. There is an involuntary assignment or transfer of a controlling interest in a licensee/permittee to a court- appointed federal trustee (in bankruptcy proceedings) or receiver (in state court receivership proceedings). See 47 C.F.R. Section 73.3540. Section I, Item 4b requires applicants to certify that the proposed transaction fits into one of the listed categories. 9. For LPFM construction permits and licenses only, there is a voluntary transfer of a controlling interest in the licensee or permittee entity. Note: This form does not cover assignments or transfers from an executor/administrator or other court-appointed officer to the
• http://www.fcc.gov/Forms/Form323/323.pdf
  • filed for each entity in the organizational structure that has an attributable interest in the Licensee. 3. This form is not to be used to request a transfer of control or assignment of license or construction permit. The appropriate forms for use in connection with such transfers or assignments are FCC Forms 314, 315 and 316. See 47 C.F.R. Sections 73.3540 and 73.3541. It is the responsibility of the Licensee or Permittee to determine if a given transaction constitutes a transfer of control or an assignment. However, for purposes of example only, and for the convenience of interested persons, there are listed below some of the more common types of transfers. A transfer of control takes place when: (a) An individual
• http://www.fcc.gov/eb/Orders/2001/da01344.doc http://www.fcc.gov/eb/Orders/2001/da01344.html
  • ) File No. 00-IH-0283 NAL/Acct. No. 200132080019/MG NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 12, 2001 Released: February 13, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (NAL), we find that Citicasters Co. (Citicasters) apparently willfully and repeatedly violated Section 310(d) of the Communications Act, as amended (the Act), and Section 73.3540 of the Commission's rules by assuming control of WBTJ(FM), Hubbard, Ohio, without prior Commission consent. Based upon the facts and circumstances surrounding these apparent violations, we find that Citicasters is apparently liable for a forfeiture in the amount of $25,000. BACKGROUND Citicasters is an indirect subsidiary of Clear Channel Communications, Inc., which controls radio station licenses in and around the
• http://www.fcc.gov/eb/Orders/2001/da01661.doc http://www.fcc.gov/eb/Orders/2001/da01661.html
  • NAL/Acct. No. 20013208005 Facility #63149 FORFEITURE ORDER Adopted: March 13, 2001 Released: March 15, 2001 By the Chief, Enforcement Bureau: Introduction In this Forfeiture Order, we find that K.I.D.S. - TV6, licensee of low power television station K06MU, Big Bear Lake, California, violated section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by transferring de facto control of the K06MU license without obtaining prior Commission approval. We conclude that K.I.D.S. - TV6 is liable for an eight thousand dollar ($8,000) forfeiture. Background On October 20, 2000, the Commission, by the Chief, Enforcement Bureau, acting pursuant to delegated authority, issued a Notice of Apparent Liability
• http://www.fcc.gov/eb/Orders/2001/da01823.doc http://www.fcc.gov/eb/Orders/2001/da01823.html
  • of Citicasters Co. ) ) ) ) ) ) ) File No. 00-IH-0283 NAL/Acct. No. 200132080019 FORFEITURE ORDER Adopted: March 30, 2001 Released: April 4, 2001 By the Chief, Enforcement Bureau: Introduction In this Forfeiture Order, we find that Citicasters Co. (``Citicasters''), violated section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by assuming control of WBTJ(FM), Hubbard, Ohio, without obtaining prior Commission approval. We conclude that Citicasters is liable for a twenty-five thousand dollar ($25,000) forfeiture. Background On February 13, 2001, the Commission, by the Chief, Enforcement Bureau, acting pursuant to delegated authority, issued a Notice of Apparent Liability for Forfeiture (``NAL'') to
• http://www.fcc.gov/eb/Orders/2002/FCC-02-12A1.html
  • our dismissal of its application for review of a Forfeiture Order issued by the Chief, Enforcement Bureau.2 Citicasters' application for review challenged for the first time the Bureau's imposition of a $25,000 forfeiture based upon Citicasters' unauthorized assumption of control of WBTJ(FM), Hubbard, Ohio, in violation of section 310(d) of the Communications Act of 1934, as amended, (``Act'') and section 73.3540 of the Commission's rules (``rules'').3 We dismissed Citicasters' application for review pursuant to section 1.115(a) of the rules because Citicasters did not demonstrate good cause for its failure to participate in the forfeiture proceeding prior to the filing of its application for review. Citicasters contends, on reconsideration, that it was not required to make a good cause showing, and thus
• http://www.fcc.gov/eb/Orders/2002/FCC-02-319A1.html
  • 26, 2002 By the Commission: I. Introduction 1. In this Order, pursuant to Sections 312(a), 312(c), and 503(b) of the Communications Act of 1934, as amended (``the Act''),1 we commence a hearing proceeding to determine whether the above-captioned license held by Radio Moultrie, Inc. (``RMI'') should be revoked for its failure to comply with 310(d) of the Act,2 and Section 73.3540 of the Commission's rules (application for voluntary assignment of control),3 by transferring control of Station WMGA(AM) to Dixie Broadcasting, Inc. (``DBI''), Aubrey Smith (``Smith''), and Sam and Gracie Zamarron (``the Zamarrons'') without prior authorization of the Commission; and for its willful and repeated failure to respond to official Commission correspondence ordering it to respond. 2. Also, pursuant to Section 1.80(g)
• http://www.fcc.gov/eb/Orders/2003/DA-03-3513A1.html
  • November 4, 2003 By the Chief, Enforcement Bureau: I. Introduction 1. By this Order, acting pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(16) of the Commission's rules,1 we revoke the above-captioned broadcast license held by Radio Moultrie, Inc. (``RMI'') for RMI's having violated Section 310(d) of the Communications Act of 1934, as amended (``the Act''),2 and Section 73.3540 of the Commission's rules,3 and for its having failed to follow the Commission's directives. We conclude, based upon the evidence of its conduct, that RMI lacks the basic requisite character qualifications to be and remain a Commission licensee. II. Background 2. The Commission designated this case for hearing.4 The OSC specified the following issues: (a) to determine the facts and
• http://www.fcc.gov/eb/Orders/2005/DA-05-603A1.html
  • WQII(AM), ) San Juan, Puerto Rico ) ORDER Adopted: March 10, 2005 Released: March 11, 2005 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (the ``Bureau'') has been investigating whether Communications Counsel Group, Inc. (``CCG''), licensee of Station WQII(AM), San Juan, Puerto Rico, has violated section 310(d) of the Communications Act of 1934, as amended,1 and sections 73.1015, 73.3526, 73.3540, and 73.3615 of the Commission's rules,2 in connection with its operation of the station and responses to letters of inquiry sent by the Bureau. 2. The Bureau and CCG have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the
• http://www.fcc.gov/eb/Orders/2005/DA-05-603A2.html
  • by original signatures. ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION ________________________________ _______________ David H. Solomon, Chief Date COMMUNICATIONS COUNSEL GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful 47 C.F.R. 73.1015 written statements to Commission inquiries Failure to accurately and 47 C.F.R. 73.3615 timely complete ownership reports Unauthorized transfer of 47 U.S.C. 310(d); 47 control C.F.R. 73.3540 Failure to make public 47 C.F.R. 73.3526 inspection file available upon request Table II Payment Schedule April 1, 2005 $5,000 May 1, 2005 $2,500 June 1, 2005 $2,500 July 1, 2005 $2,500 August 1, 2005 $2,500 September 1, 2005 $2,500 October 1, 2005 $2,500 November 1, 2005 $2,500 December 1, 2005 $2,500 January 2, 2006 $2,500 February 1, 2006 $2,500
• http://www.fcc.gov/eb/Orders/2006/DA-06-2333A1.html
  • Enforcement Bureau, Kenneth Wayne Diebel, ("Diebel"), Licensee of Station KHMB(FM), Hamburg, Arkansas, and R&M Broadcasting, Inc., ("R&M"). The Consent Decree terminates an investigation initiated by the Enforcement Bureau to determine whether control of Station KHMB(FM) was transferred without Commission authorization from Diebel to R&M, in violation of, inter alia, Section 310(d) of the Act, 47 U.S.C. S 310(d), and Section 73.3540 of the Commission's rules, 47 C.F.R. S 73.3540, and to determine whether Diebel complied with certain requirements of the Commission's rules for broadcast licensees. 2. The Enforcement Bureau, Diebel and R&M have negotiated the terms of a Consent Decree that resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference.
• http://www.fcc.gov/eb/Orders/2008/DA-08-1668A1.html
  • 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Sunshine Broadcasters, Inc., licensee of Station WIGN(AM) Bristol, Tennessee (Facility ID No. 63979) (the "Licensee"). The Consent Decree terminates the Bureau's investigation regarding whether the Licensee violated Section 310(d) of the Communications Act of 1934, as amended (the "Act"), and Section 73.3540 of the Commission's rules by engaging in a stock transfer that resulted in a transfer of control of the Licensee without first obtaining Commission approval. 2. The Bureau and Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the
• http://www.fcc.gov/eb/Orders/2010/DA-10-1861A1.html
  • In this Order, we adopt the attached Consent Decree entered into by the Enforcement Bureau ("Bureau") and Long Island University Public Radio Network, licensee of Station WLIU(FM), Southampton, New York ("Licensee"). The Consent Decree terminates the Bureau's investigation into whether the Licensee and Peconic Public Broadcasting ("Peconic") violated Section 310 of the Communications Act of 1934, as amended, and Section 73.3540 of the Commission's Rules, by engaging in conduct that exceeded the scope of a management agreement between the Licensee and Peconic, thereby effectuating a possible de facto unauthorized transfer of control. 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated
• http://www.fcc.gov/eb/Orders/2010/DA-10-1862A1.html
  • adopt the attached Consent Decree entered into by the Enforcement Bureau ("Bureau") and Peconic Public Broadcasting ("Peconic"), proposed assignee of Station WLIU(FM), Southampton, New York. The Consent Decree terminates the Bureau's investigation into whether Peconic and Long Island University Public Radio Network, licensee of Station WLIU(FM) ("Licensee"), violated Section 310 of the Communications Act of 1934, as amended, and Section 73.3540 of the Commission's Rules, by engaging in conduct that exceeded the scope of a management agreement between Peconic and the Licensee, thereby effectuating a possible de facto unauthorized transfer of control. 2. The Bureau and Peconic have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by
• http://www.fcc.gov/eb/Orders/2011/DA-11-242A1.html
  • Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Hanmi Broadcasting, Inc. ("Hanmi" or "Licensee"), licensee of Station WPBC(AM), Decatur, Georgia, ("Station"). The Consent Decree terminates an investigation by the Bureau against Hanmi for possible violations of section 310(d) of the Communications Act of 1934, as amended, and sections 73.3526, 73.3540, 73.3613, and 73.3615 of the Commission's Rules, regarding allegations that it transferred control of the Station without Commission authorization, failed to provide access to the Station's public inspection file, failed to maintain required documents in the Station's public inspection file, and failed to file ownership reports and certain contracts with the Commission. 2. The Bureau and Hanmi have negotiated the
• http://www.fcc.gov/eb/Orders/2011/DA-11-862A1.html
  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and David Carus & Associates (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 399B and 310(d) of the Communications Act of 1934, as amended, and sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules, in connection with the transfer of control of FM Translator Station W264AS, Rockledge, Florida ("Station W264AS"), FM Translator Station W272BA, Cocoa Beach, Florida, and Aural Studio Transmitter Link WQEQ835 (collectively, the "Stations"); and the broadcast of underwriting announcements and originations concerning financial support over Station W264AS. 2. The Bureau and the Licensee have negotiated
• http://www.fcc.gov/eb/Orders/2012/DA-12-568A1.html
  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) and Capstar TX, LLC (Licensee). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended (Act), and Sections 73.503(d) and 73.3540 of the Commission's rules (Rules), in connection with the broadcast of underwriting announcements concerning financial support over FM Translator Station W300BQ, Vero Beach, Florida, and the transfer of control of the same Station. 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto
• http://www.fcc.gov/eb/Orders/da001429.doc http://www.fcc.gov/eb/Orders/da001429.txt
  • ORDERED that the investigation in this proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested to counsel for Raide and Radio Corporation, James L. Oyster, Esquire, 108 Oyster Lane, Castleton, Virginia 22716-2839. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See also 47 C.F.R. � 73.3540. The initial proposed assignee was Radio Corporation. By amendment filed March 31, 2000, Galaxy Communications, L.P. (``Galaxy''), was substituted as the proposed assignee. Raide holds a voting and equity interest in Galaxy's general partner and is an officer and director of that entity. FEDERAL COMMUNICATIONS COMMISSION DA 00-1429 FEDERAL COMMUNICATIONS COMMISSION DA 00-1429 � � �
• http://www.fcc.gov/eb/Orders/da001575.doc http://www.fcc.gov/eb/Orders/da001575.txt
  • ) ) File Number 98080351 NAL/Acct. No. x32080020 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 13, 2000 Released: July 14, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Kevin Hackler (``Hackler'') apparently violated Section 310(d) of the Communications Act of 1934 (``Act''), as amended, and Section 73.3540 of the Commission's rules, by transferring control of commercial radio Station KSRW(FM), Childress, TX, without first obtaining Commission approval, and Section 73.3615(c) of the Commission's rules by failing to file an updated ownership report with the Commission. We conclude that Kevin Hackler is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). II. BACKGROUND 2. By
• http://www.fcc.gov/eb/Orders/da001579.doc http://www.fcc.gov/eb/Orders/da001579.txt
  • File Number 98080351 NAL/Acct. No. x32080019 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 13, 2000 Released: July 14, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Kenneth Paul Harris, Sr. (``Harris'') apparently violated Section 310(d) of the Communications Act of 1934 (``Act''), as amended, and Section 73.3540 of the Commission's rules, by assuming control of commercial radio Station KSRW(FM), Childress, TX, from licensee Kevin Hackler (``Hackler'') without first obtaining Commission approval. We conclude that Harris is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. By inquiry letter dated September 23, 1999, we commenced an investigation into allegations that Hackler,
• http://www.fcc.gov/eb/Orders/da001745.doc http://www.fcc.gov/eb/Orders/da001745.txt
  • OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 2, 2000 Released: August 3, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that Stone/Collins Communications, Inc. (``Stone/Collins''), licensee of WEPG(AM), South Pittsburg, Tennessee, has apparently violated Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and Section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by transferring control of the WEPG(AM) license without obtaining prior Commission approval. We conclude that Stone/Collins is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). Background On May 19, 2000, an application was filed to assign the license for WEPG(AM) from Stone/Collins to Double R Communications, L.L.C.
• http://www.fcc.gov/eb/Orders/da002358.doc http://www.fcc.gov/eb/Orders/da002358.txt
  • FORFEITURE Adopted: October 18, 2000 Released: October 20, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that K.I.D.S. - TV6, licensee of low power television station K06MU, Big Bear Lake, California, has apparently violated Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and Section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by transferring de facto control of the K06MU license without obtaining prior Commission approval. We conclude that K.I.D.S. - TV6 is apparently liable for an eight thousand dollar ($8,000) forfeiture. Background The Enforcement Bureau received a complaint alleging that K.I.D.S. - TV6 had sold the license for K06MU without obtaining Commission approval.
• http://www.fcc.gov/eb/Orders/da002359.doc http://www.fcc.gov/eb/Orders/da002359.txt
  • 2000 Released: October 20, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find that Bear Valley Broadcasting, Inc. (``Bear Valley''), proposed assignee of low power television station K06MU, Big Bear Lake, California, has apparently violated Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 310(d), and Section 73.3540(a) of the Commission's rules, 47 C.F.R. � 73.3540(a), by assuming de facto control of the K06MU license without obtaining prior Commission approval. We conclude that Bear Valley is apparently liable for an eight thousand dollar ($8,000) forfeiture. Background The Enforcement Bureau received a complaint alleging that K.I.D.S. - TV6, the licensee of K06MU, had sold the license for K06MU without
• http://www.fcc.gov/eb/Orders/da002844.doc http://www.fcc.gov/eb/Orders/da002844.txt
  • ) ) File No. 99100489 NAL/Acct. No. 20013208006 Facility #63149 JWS FORFEITURE ORDER Adopted: December 18, 2000 Released: December 20, 2000 By the Chief, Enforcement Bureau: Introduction 1. In this Forfeiture Order, we find that Bear Valley Broadcasting, Inc. (``Bear Valley'') violated section 310(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), and section 73.3540(a) of the Commission's rules by willfully and repeatedly assuming de facto control of the K06MU license without obtaining prior Commission approval. Based on our review of the facts and circumstances of this case and after considering Bear Valley's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Bear Valley is liable for a forfeiture in
• http://www.fcc.gov/eb/Orders/da00669.doc http://www.fcc.gov/eb/Orders/da00669.txt
  • amended, 47 U.S.C �� 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311of the Commission's rules, 47 C.F.R. �� 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 7. IT IS FURTHER ORDERED that the above captioned forfeiture proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See also 47 C.F.R. � 73.3540. 12 FCC Rcd 17087 (1997), recon. denied, FCC 99-407, released December 28, 1999. A companion Notice of Apparent Liability, DA 99-2258, released October 22, 1999, was sent to Miles Carter. By letter dated November 22, 1999, Miles Carter advised, inter alia, that he had resigned from KANZA's employ and had paid the forfeiture. In this regard, the voluntary contribution referenced
• http://www.fcc.gov/eb/Public_Notices/da002855.doc http://www.fcc.gov/eb/Public_Notices/da002855.html
  • Radio Station KICO, Hanson Broadcasting Co. of California, Calexico, CA, issued NOV for failure to log EAS equipment repairs, 47 CFR 11.352. San Diego Office, 11/28/00 47 C.F.R. � 11.51 - EAS Code and Attention Signal Transmission Requirements Candido D. Carrelo, WDJZ, Naugatuck, CT: Other violations: 47 C.F.R. �� 73.49 AM Transmission System Fencing Requirements), 73.1125 (Station Main Studio Location), 73.3540 (Application for Voluntary Assignment or Transfer of Control), and 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (11/7/00). Pinnacle FM Broadcasting, Inc., Gainesville, FL. Other violation: 47 C.F.R. � 11.61(Tests of EAS Procedures). Tampa, FL District Office (11/28/00). 47 C.F.R. � 11.52 - EAS Code and Attention Signal Monitoring Requirements Radio Station KREA, JMK Communications, Inc.,
• http://www.fcc.gov/fcc-bin/audio/DA-00-227A1.doc http://www.fcc.gov/fcc-bin/audio/DA-00-227A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-00-227A1.txt
  • By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that KEOT, Inc., licensee of FM broadcast station KEOT(FM), St. George, Utah, engaged in the transfer of substantial control of this station without prior Commission consent, in apparent violation of Section 310(d) of the Communications Act of 1934, as amended ("Act"), and Section 73.3540 of the Commission's Rules. We conclude that KEOT, Inc. is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND The licensee, then known as EAR, Inc., commenced operation of Station KEOT(FM), in November 1994. At that time, the licensee's stock was owned by Floyd Ence (50 percent), and Lavon Randall (50 percent). In May
• http://www.fcc.gov/fcc-bin/audio/DA-06-2086A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2086A1.pdf
  • application processing rules provided that a new file number would be assigned to an application for a new station when it was amended prior to designation for hearing so as to result in a transfer of control, for which, in the case of an existing licensee or permitee, an application would have to be filed on a Form 315. Sections 73.3540 and 73.3541 of the Rules required that an application for transfer of a controlling interest in a licensee was to have been filed on a Form 315, except for pro forma or involuntary transfers of control, which are filed on a Form 316. Thus, a transfer to a personal representative, being involuntary, was exempt from the rule requiring a new
• http://www.fcc.gov/fcc-bin/audio/DA-07-4136A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4136A1.pdf
  • Oregon's application as untimely based on inadequate notice of the filing deadline. The consolidated application covered the Redding station as well as KCHO(FM), Chico, California and nine FM translator stations. See File No. BALED-19970827FB (granted Nov. 25, 1997). The circumstances in which an assignment or transfer can be accomplished via a short form application are described at 47 C.F.R. � 73.3540(f). See Opposition, Ex. D. See Letter from Wayne Coy, Jr., Esq., to William F. Caton, FCC (Aug. 27, 1997) (Opposition, Ex. F). The overlapping board members were all officers of CSUC. See Opposition, Ex. G. See Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE R&O''), affirmed and clarified, Memorandum Opinion and
• http://www.fcc.gov/fcc-bin/audio/DA-08-1091A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1091A1.pdf
  • of time specified in the Non-Compete Agreement here. These decisions are consistent with the Commission longstanding policy that a licensee must ``retain control over programming content at all times.'' In short, ``a contract barring the use of such formats, even for a limited period, is impermissible.'' Thus, we find that Centennial apparently violated Section 310(d) of the Act and Section 73.3540 of the Rules when it sought and received an injunction restricting the programming format that 3 Daughters could utilize at WBLT(AM). In this regard, we note that control over any one of the three areas essential to station operation is sufficient for a finding of an unauthorized transfer or an unauthorized assumption of control. The unauthorized control commenced on March
• http://www.fcc.gov/fcc-bin/audio/DA-08-16A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-16A1.pdf
  • and approved by the Commission with the understanding that Roach would receive an 18.9 percent equity interest in Route 81 and the Licensees. Roach states that the Licensees, controlled by the parent company, ``failed to perform on the promise of equity'' and ``took control'' of the promised 18.9 percent. Roach maintains that ``[t]his theft of 18.9 percent equity'' violated section 73.3540 (f)(3)of the Commission's rules in that it was, in effect, a transfer that required prior Commission approval, and as a direct consequence, the March 30, 2006, ownership report is ``in conflict with the facts.'' In this regard, Roach asserts that the Licensee's parent company willfully and knowingly filed untruthful information with the Commission in violation of Sections 73.1015 and 73.3615
• http://www.fcc.gov/fcc-bin/audio/DA-09-1796A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1796A1.pdf
  • matter, on February 17, 2009, the Enforcement Bureau released an Order and associated Consent Decree which, inter alia, dismissed a Cherry complaint alleging unauthorized transfer of control. See Case No. EB-08-IH-0692. The Enforcement Bureau found that Tama and its creditor D.B. Zwirn Opportunities, LP (``Zwirn''), provided a plan to ensure future compliance with Section 310(d) of the Act and Section 73.3540 of the Commission's Rules (the ``Rules''). The Enforcement Bureau also concluded that there was no substantial or material question of fact as to whether Tama and Zwirn possessed the basic qualifications to hold or obtain any Commission license or authorization. See Tama Broadcasting, Inc., Order, 24 FCC Rcd 1612 (EB 2009); Tama Broadcasting, Inc., Consent Decree, 24 FCC Rcd 1615
• http://www.fcc.gov/fcc-bin/audio/DA-09-1834A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1834A1.pdf
  • or otherwise raise a question as to an applicant's basic qualifications). Were Harper actually to be 100% owner of Twin Towers, his acquisition of complete control should have been ``passed on'' by the Commission by virtue of an FCC Form 315, ``Application for Consent to Transfer Control of Entity Holding Broadcast Construction Permit or License.'' See, e.g., 47 C.F.R. � 73.3540. See Secret Communications II, LLC, Memorandum Opinion and Order, 18 FCC Rcd 9139 (2003); Application of Bollinger, Memorandum Opinion and Order, 16 FCC Rcd 18107 (2001); and Marin Broadcasting Company, Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 11 FCC Rcd 1732 (1996). ). . (Commission refuses to consider limited partner's allegation of violation of partnership agreement); Sonderling
• http://www.fcc.gov/fcc-bin/audio/DA-09-2469A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2469A1.pdf
  • and deny it in all other respects; (3) deny the Petition to Deny and grant the Assignment Application; and (4) grant the Modification Application; and (5) conclude that Clear Channel is apparently liable for a monetary forfeiture in the amount of eight thousand dollars ($8,000) for unauthorized transfer of control in violation of Section 310 of the Act and Section 73.3540 of the Rules. GENERAL BACKGROUND/PLEADINGS WKGR(FM) and WLDI(FM). Prior to the filing of the Wellington and Juno Beach Applications (collectively, ``the Applications''), both WKGR(FM) and WLDI(FM) were geographically located in the Ft. Pierce-Stuart-Vero Beach, Florida Arbitron Metro Market (the ``Ft. Pierce Metro''), but were listed in Arbitron as ``home'' to the West Palm Beach-Boca Raton, Florida Arbitron Metro market (``WBP
• http://www.fcc.gov/fcc-bin/audio/DA-09-472A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-472A1.pdf
  • that we ``review the progress of the Enforcement Bureau investigation prior to acting upon the [Assignment Applications].'' On February 17, 2009, the Enforcement Bureau released an Order and associated Consent Decree terminating its investigation of Case No. EB-08-IH-0692. The Consent Decree, inter alia, provided for a Compliance Plan to ensure future compliance with Section 310(d) of the Act and Section 73.3540 of the Commission's Rules, termination of the investigation of the alleged unauthorized transfer of control and dismissal of the related complaint against Tama. Moreover, the EB Order concluded that its investigation raised no substantial or material questions of fact as to whether Tama possesses the basic qualifications to hold or obtain any Commission license or authorization. Moreover, it is well-established
• http://www.fcc.gov/fcc-bin/audio/DA-10-130A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-130A1.pdf
  • for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that Ethics willfully and repeatedly violated Section 310(d) of the Act and Section 73.3540 of the Rules by engaging in an unauthorized transfer of control of the Station beginning in November of 2005. Based on our review of the facts and circumstances before us, we conclude that Ethics is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000). Additionally, for the reasons set forth below, we grant the Petition
• http://www.fcc.gov/fcc-bin/audio/DA-10-242A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-242A1.pdf
  • trustees and turn over to third parties responsibilities which are uniquely their own.'' Id. (Separate Statement of Commissioner Richard E. Wiley)). Response to Supplement at 7 and n.7 (citing Citicasters, 16 FCC Rcd at 3420). See Reply to Response, Ex. B. See Mid Atlantic, 23 FCC Rcd at 7589-7590 (apparent violation of 47 U.S.C. � 310(d) and 47 C.F.R. � 73.3540 when seller sought and received injunction restricting format that buyer could employ). Rocking M's contention that the lawsuit seeks equitable relief apparently rests on SCI's seeking money damages and ``such other and further relief as the Court deems just.'' Reply to Response, Ex. B. We take notice that the quoted phrase is commonplace legal ``boilerplate'' and that SCI has not
• http://www.fcc.gov/fcc-bin/audio/DA-10-628A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-628A1.pdf
  • (2) grant the pleading as an informal objection to the extent discussed below and deny it in all other respects; (3) grant the Assignment Application; and (4) conclude that Savage is apparently liable for a monetary forfeiture in the amount of four thousand dollars ($4,000) for unauthorized transfer of control in violation of Section 310 of the Act and Section 73.3540 of the Rules. BACKGROUND Annabelle Savage is the Trustee of Universal Broadcasting, Inc. (``Universal''), which is in Chapter 7 bankruptcy. As such, she is licensee of the Station. To liquidate Universal's assets, Savage held an auction to identify a buyer for the Station and its equipment. The winning bidder was Ricardo Garcia (``Garcia''), part owner of Jireh. Savage and Jireh
• http://www.fcc.gov/fcc-bin/audio/DA-11-1352A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1352A1.pdf
  • and Carus ultimately requested their dismissal. The staff dismissed the 2006 Assignment Applications on May 12, 2010. On June 3, 2011, Carus and the Enforcement Bureau entered into a consent decree (``Consent Decree'') terminating the Enforcement Bureau investigation against Carus for possible violations of Sections 399B and 310(d) of the Communications Act of 1934, as amended, (``Act'') and Sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules (``Rules''), including the unauthorized transfer of control of the Stations and the broadcast of underwriting messages in excess of the thirty-second per hour limitation set forth in the Rules. On January 10, 2011, Carus filed the Application to assign the Stations to NCN. Brevard and Community filed their Petitions on February 11, 2011, and
• http://www.fcc.gov/fcc-bin/audio/DA-11-1546A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1546A1.pdf
  • Because the proposed transaction involves a greater-than-50% change in the stock ownership of CMI and a transfer of control of CMI's 339 radio stations and Citadel's 228 radio stations, the parties have sought Commission approval of a substantial change in ownership, requiring ``long-form'' applications pursuant to Section 309(c)(2)(B) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3540 of the Commission's Rules (the ``Rules''). Radio market overlaps in the holdings of the two companies will require that six radio stations be divested to comply with the Commission's radio ownership rule. In addition, the proposed transfer of control of CMI and Citadel to the new stockholders of CMI will terminate the licensees' ability to maintain certain grandfathered ownership interests
• http://www.fcc.gov/fcc-bin/audio/DA-11-309A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-309A1.pdf
  • 2011 By the Chief, Audio Division, Media Bureau: Introduction In this Forfeiture Order, we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to Ethics, Inc. (``Ethics''), former operator of low-power FM (``LPFM'') station WHYR-LP, Baton Rouge, Louisiana (``Station''), for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended (``Act''), and Section 73.3540 of the Commission's Rules (``Rules'') by engaging in an unauthorized transfer of control of the Station beginning in November of 2005. BACKGROUND On January 26, 2010, the Bureau issued a Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twenty thousand dollars ($20,000) to Ethics for these violations. On April 26, 2010, Elaine
• http://www.fcc.gov/fcc-bin/audio/DA-11-720A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-720A1.pdf
  • ORDER Adopted: April 20, 2011 Released: April 21, 2011 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Anabelle Savage, Chapter 7 Trustee, Universal Broadcasting, Inc. (``Trustee), former licensee of Station KQLO(AM), Sun Valley, Nevada (``Station''), for willfully and repeatedly violating Section 73.3540(a) of the Commission's Rules (``Rules'') and Section 310(d) of the Communications Act of 1934, as amended (``Act''), by engaging in the unauthorized transfer of control of the Station. BACKGROUND On December 7, 2007, the United States Bankruptcy Court appointed Anabelle Savage as Trustee for Universal Broadcasting, Inc.. On July 28, 2009, the Trustee applied for Commission consent to the assignment
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.pdf
  • was filed exceeded 25%. At the time the rules went into effect, no entity owned more than the numerical caps or owned stations with a combined audience share exceeding 25%. Therefore, grandfathering existing combinations was not at issue. 1975 Multiple Ownership Second Report and Order, 50 FCC 2d at 1076 � 103; see also 47 C.F.R. �� 73.3555, note 4; 73.3540(f); 73.3541(b). We are not grandfathering existing combinations of stations that exceed the ownership limits because of an attributable interest in a station pursuant to an LMA or JSA. Existing LMAs and JSAs that result in a combination of stations exceeding the ownership limits must be terminated at the time of the sale or within two years, whichever comes first. MMTC
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.pdf
  • with the limitations set forth in paragraphs (a) and (c) of this section. ***** Note 4 to � 73.3555: Paragraphs (a) through (c) of this section will not be applied so as to require divestiture, by any licensee, of existing facilities, and will not apply to applications for assignment of license or transfer of control filed in accordance with � 73.3540(f) or � 73.3541(b), or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy, if no new or increased concentration of ownership would be created among commonly owned, operated or controlled media properties. Paragraphs (a) through (c) will apply to all applications for new stations, to all other applications for assignment or
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
  • rather than by comparative hearing). See also Chadmoore Communications v. FCC, No. 96-1061 (D.C. Cir. May 20, 1997) (upholding the denial of an application for an extension of the construction period based on a subsequently adopted rule disallowing such extension, because no right to an extension vested upon the filing of the application). 47 U.S.C. ( 310(d); 47 C.F.R. ( 73.3540(a); 47 C.F.R. ( 73.3541. The instructions to FCC Form 323 set out examples of when particular transactions constitute a transfer of control or an assignment requiring prior Commission consent. For a general survey of this area, see Stephen F. Sewell, Assignments and Transfers of Control of FCC Authorizations Under Section 310(d) of the Communications Act of 1934, 43 Fed. Comm.
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • noncommercial educational stations. [622]TEXT [623]PDF 73.3533 Application for construction permit or modification of construction permit. [624]TEXT [625]PDF 73.3536 Application for license to cover construction permit. [626]TEXT [627]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [628]TEXT [629]PDF 73.3538 Application to make changes in an existing station. [630]TEXT [631]PDF 73.3539 Application for renewal of license. [632]TEXT [633]PDF 73.3540 Application for voluntary assignment or transfer of control. [634]TEXT [635]PDF 73.3541 Application for involuntary assignment of license or transfer of control. [636]TEXT [637]PDF 73.3542 Application for emergency authorization. [638]TEXT [639]PDF 73.3543 Application for renewal or modification of special service authorization. [640]TEXT [641]PDF 73.3544 Application to obtain a modified station license. [642]TEXT [643]PDF 73.3545 Application for permit to deliver programs to
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • noncommercial educational stations. [575]TEXT [576]PDF 73.3533 Application for construction permit or modification of construction permit. [577]TEXT [578]PDF 73.3536 Application for license to cover construction permit. [579]TEXT [580]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [581]TEXT [582]PDF 73.3538 Application to make changes in an existing station. [583]TEXT [584]PDF 73.3539 Application for renewal of license. [585]TEXT [586]PDF 73.3540 Application for voluntary assignment or transfer of control. [587]TEXT [588]PDF 73.3541 Application for involuntary assignment of license or transfer of control. [589]TEXT [590]PDF 73.3542 Application for emergency authorization. [591]TEXT [592]PDF 73.3543 Application for renewal or modification of special service authorization. [593]TEXT [594]PDF 73.3544 Application to obtain a modified station license. [595]TEXT [596]PDF 73.3545 Application for permit to deliver programs to