FCC Web Documents citing 73.3615

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

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  • the Kansas City Office issued to 127 another Notice of Apparent Liability for Forfeiture proposing a forfeiture in the amount of $8,000 for the apparent willful and repeated violation of Section 73.1745(a) of the Rules. On March 21, 2007, the Kansas City Office issued to 127 a Notice of Violation for violations of Sections 11.35(a), 73.1125(d)(1), 73.1201(a)(2), 73.44(b), 73.1560, and 73.3615(a) of the Rules. 127 and the Bureau acknowledge that any proceeding that might result from the Investigation will require the significant expenditure of public and private resources. To conserve such resources and to promote compliance by 127 with the Act and the Rules, 127 and the Bureau hereby enter into this Consent Decree in consideration of the mutual commitments made
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  • U.S.C. � 503(b); 47 C.F.R. � 1.80(f). See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 � 4 (2002) (forfeiture paid). See 47 C.F.R. � 73.3526(c)(1), (e)(5). See 47 C.F.R. � 73.3526 (requiring licensees of commercial broadcast stations to maintain public inspection files with specific contents, including ownership reports and related materials). See 47 C.F.R. �� 73.3613(b), 73.3615(a)(4)(i), 73.3526(e)(5); Review of the Commission's Rules Regarding the Main Studio and Local Public Inspection Files of Broadcast Television and Radio Stations, Report and Order, 13 FCC Rcd 15691, 15713 � 50 (1998) (``Main Studio and Local Public Inspection Files Report and Order''), stayed, Order, 13 FCC Rcd 18174 (1998), affirmed in pertinent part, 14 FCC Rcd 11113 (1999). See 47
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  • 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 of the Consent
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  • characterizedbythecommenterasconstitutingviolentprogramming.ls IntheReportandOrderwefoundthatthisrequirementwasappropriate inlightofCongress'concern withviolentprogramming,andwouldhelpensurethattheCommissionandthepublicarekeptinformed ofconcernsraisedbythepublicaboutsuchprogrammingonbothcommercialandnoncommercial stations.16: SI S2 S3 8S (1996�). 86 81 SeeTrumperCommunicationsofPortland,LTD.elal., I]FCCRcd20415. ld Id. Pub.L.No.]04-104,110Stat.56,113(1996). 47U.S.C.�308(d) (asamendedbySection204(b)ofthe]996Act,Pub. L.No.104-104,]10Stat.56 See 13FCCRedat15718. APTSPetitionat5-7;PublicBroadcastersPetition at7. 11126 FederalCommunicationsCommission FCC99-118 36.APTSandPublicBroadcastersrequestreconsiderationoftheCommission'sholdingthat noncommercialstationsarerequiredtosummarizelettersconcerningviolentprogramming.17APTSargues thatsince,undertheCommission'srules,noncommercialstationsarenotrequiredtomaintainlettersfrom thepublic,andtheCommissionhasnotrevisedthisrequirement,Section308(d)doesnotcontemplatea summaryofletterstobefiledbyanynoncommercialeducationaltelevisionlicenseeatrenewal.II Itpoints outthatitraisedthisconcerninitscommentsfiledinresponsetothe Notice,becauseitwasconcerned thatnoncommercialstationswouldbesubjecttothemoreonerousburdenofsummarizinglettersreceived duringtheentirerenewaltennwhilecommercialbroadcasterswouldberequiredtosummarizeonlythose lettersreceivedduringthelast threeyearsoftl!e.irrenewalterm.89 37.Onreconsideration,wegrantAPTS'request.Section308(d)requireslicenseestosummarize onlythoselettersmaintainedbylicensees"inaccordancewithCommissionregulations."Inthe Report andOrder,wedidnotamendSection73.3527torequirenoncommercialeducationallicenseestoretain lettersfromthepublicregardingviolentprogramming.Sincenoncommercialeducationallicenseesare notrequiredtomaintain lettersunderourrules,we willnotrequirethemtofileasurpmaryofletters receivedwiththeirrenewal,eveniftheyvoluntarilyretaintheletterstheyreceive.Webelievethisis consistentwiththeplainmeaningofthestatute.Wealsonotethatreportsregardingviolenttelevision programminghaveraisedlittleconcernabouttheprogrammingairedbynoncommercialeducational televisionstations.90 38.OwnershipReportsforNoncommercialEducationalStations.TheReportandOrdermade aneditorialamendmenttothepublicfilerulefornoncommercialeducationalstations,47CFR �73.3527, toaddtherequirement,previouslyomitted"thatthosestationsretainintheirpublicfiles,acopyoftheir mostrecentlyfiledcompleteownershipreport(FCCForm323-E)"togetherwithanysubsequent supplementalreportorstatement filedwiththeFCCcertifyingthatthecurrentreportisaccurate...."91 Wemadethischangetoreflectthesamerequirementintherulegoverningownershipreports,47CFR �73.3615.PublicBroadcastersrequestthatwedeletetherequirementthatnoncommercialeducational stationsfilecertificationsthatthecurrentownershipreportisaccurate.Theyclaimthesecertificationsare filedonlybycommerciallicenseesbecausenoncommercialeducationallicenseesfiletheirownership reportsonadifferentschedulethancommercialJicensees.92 39.Wewillretaintheruleasrevised.Inthe MassMediaStreamliningReportandOrder/3we amendedSection73.3615torequirenoncommercialeducationalstationstofileownershipreportswith thesamefrequencyascommercialstationsarerequiredtofiJe.94TherequirementinSection73.3527that II 91 92 APTS Petitionat6-7. See 13FCCRed15718,n.130. SeeTheUCLATelevisionViolenceReport,1996 atISO-53. 47CFR �73.3527(e)(4). PublicBroadcastersPetitionat9. 11127 FederalCommunicationsCommission noncommercialeducationallicenseesretaininthepublicfilethemostrecent,completeownershipreport onfilewiththeFCCforthestation,andacertificationthatthecurrentreportisaccurate,isfully consistentwiththisamendmenttoSection73.3615. C.MiscellaneousMatters 40.Issuanceof"ThePublicandBroadcasting."IntheReportandOrderwestatedthatthe Commission's staffwouldissue arevisedversionofthebroadcastmanual,"ThePublicandBroadcasting." NABasksthattheCommissionsolicitpubliccommentonthismanualpriortoissuingit.95NABargues thatbecausethemanualisarequiredelementofthepublicfile,thepublicandbroadcastersshouldhave theabilitytopreviewthedocumenttoverifyitsaCCl,lracyandtoproposechangestomakesurethemanual isausefultoolforthepublic.% 41.Wedonotbelievethatitisnecessarytosolicitpubliccommenton"ThePublicand Broadcasting"asrequestedbyNAB.Themanualismerelyasummaryofourexistingpoliciesandrules relatingtobroadcaststations,includingthechangestotherulesenacted inthisdocket.Itwillberevised fromtimetotimeandissuedontheCommission'swebpagesothatstationscankeepthemostupdated versionintheirpublicfiles.Wedisagreethatthisdocumentrequiresnoticeandcomment.Themanual willnoteffectuateanyrulechange,butmerelyprovidesageneralsummaryofourrulesandpoliciesfor thepublic.97. 42.OfficialSourceforCity-CenterCoordinates.Asstatedabove,intheReportandOrderwe amendedtherulegoverningmainstudiolocationtoallowastationtolocateitsmainstudioatanylocation thatiswithineithertheprincipalcommunitycontourof anystation,ofanyservice,licensedtoits communityoflicenseor25milesfromthereferencecoordinatesofthecenterofitscommunityoflicense. ForCommissionlicensingpurposesassetforthinSection73.208ofourrules,acommunity'sreference coordinatesaregenerallythecoordinateslistedintheUnitedStatesDepartmentofInteriorpublication entitled"IndextotheNationalAtlasoftheUnitedStates"("AtlasIndex"). Analternativereferencepoint, ifnoneislistedintheAtlasIndex,� arethecoordinatesofthemainpostoffice.98Inaletterfiledon November10,1998HammettandEdison,Inc.arguesthattheAtlasIndexisout-of-dateandout-of-print andthusrequiresreplacement.Itclaimsthattheproblemwiththissourceisthatparties willnoteasily beabletodetermineifacommunityisnotlistedintheAtlasIndex,andwillthushavedifficultyfinding asitefortheirmainstudiousingthemileagecriteria.ItsuggestsasanalternativesourcetheU.S.Census GeographicNamesInfonnationSystemCD-ROMasaCommission-wideofficialsourcebecauseitis 9) SeeReportandOrder
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  • 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 Forfeiture in the amount of eleven thousand dollars ($11,000.00). Hackler did not file a response. Based on that information, we affirm the July 14, 2000, NAL . II.
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  • 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 surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry; and to determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether its
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  • licensees may have experienced difficulties in timely filing amendments, settlements, contracts, and applications for licenses. The Bureau will waive these requirements in appropriate circumstances. For further information, contact the Audio Division at 418-2700 or the Video Division at 418-1600. Adopted by Chief, Media Bureau - FCC - See 47 C.F.R. � 73.3516 (e) (1). See 47 C.F.R. �� 1.65, 73.3525, 73.3615, and 73.3598. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h�! h� �@��� ��^��gd� gd� gd�! gd�! - ! � � � h�! h� h� ��^��gd� gd�! h�! ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� �
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 04-51 Released: January 16, 2004 CLARIFICATION OF OWNERSHIP REPORTING REQUIREMENTS Section 73.3615 of the Commission's rules requires the periodic filing of ownership reports for commercial and noncommercial educational (NCE) radio and television broadcast stations. Among other things, the licensee of a commercial or NCE broadcast station must file an ownership report on FCC Form 323 or FCC Form 323-E, respectively, ``when filing the station's license renewal application and every two years thereafter
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  • permittees and licensees may have experienced difficulties in timely filing amendments, settlements, and contracts. The Bureau will waive these requirements in appropriate circumstances. For further information, contact the Audio Division at 418-2700 or the Video Division at 418-1600. Adopted by Chief, Media Bureau - FCC - See 47 C.F.R. � 73.3516 (e) (1). See 47 C.F.R. �� 1.65, 73.3525 and 73.3615. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h� �@��� �@��� �@��� ^ _ � ��^��gd� gd� gd�! gd�! � h�! h� h� h� h�! ] ^ � � � � � � � � h� h�! � � � �
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  • Petition to Deny and Piedmont's ``Opposition to Response to Reply to Opposition to Petition to Deny'' as unauthorized. Southern's 2003 Biennial Ownership Report. In its Petition, Piedmont claims that Southern never filed a Biennial Ownership Report for 2003 (``2003 Report'') with the Commission. However, the 2003 Report was filed on August 1, 2003, in accordance with the requirements of Section 73.3615 of the Commission's rules. The 2003 Report was correctly filed with the Commission, and Piedmont's claim regarding the 2003 Report is without merit. In its Reply, Piedmont claims that the information contained in the 2003 Report is inaccurate. Piedmont claims that Sam Cooper, listed as a 50% shareholder and director of Southern in the 2003 Report, actually sold his entire
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  • Reply to Opposition to Petition to Deny'' as unauthorized pursuant to Section 1.45 of the Commission's Rules. Southern's 2003 Biennial Ownership Report. In its Petition, Piedmont initially claimed that Southern never filed a Biennial Ownership Report for 2003 (``2003 Report'') with the Commission. However, the 2003 Report was filed on August 1, 2003, in accordance with the requirements of Section 73.3615 of the Commission's rules. The 2003 Report was correctly filed with the Commission and, as Piedmont concedes, its claim regarding failure to file the 2003 Report is without merit. However, in its Reply, Piedmont also claims that the information contained in the 2003 Report is inaccurate. Piedmont claims that Sam Cooper, listed as a 50% shareholder and director of Southern
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  • letter also constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE against Sweetwater pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), under authority delegated to the Chief, Media Bureau, by Section 0.283 of the Commission's Rules, 47 C.F.R. �0.283. As set forth herein, it appears that Sweetwater willfully and repeatedly violated Sections 73.3526, 73.3613 and 73.3615 of the Commission's Rules. Background. By the subject application, ULB proposes to transfer its 51 percent interest in Sweetwater to BTC, which currently holds a 49 percent interest in the licensee. In this regard, ULB and BTC are signatories to a Stock Purchase Agreement dated July 30, 1998. That agreement contemplated the creation of Sweetwater, the transfer of 49 percent
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  • 2005 Released: December 9, 2005 By the Chief, Media Bureau: I. INTRODUCTION The Commission, by the Chief, Media Bureau, pursuant to delegated authority, has before it for consideration a license renewal application for the captioned television station in Montgomery, Alabama. We find that Channel 32 Montgomery LLC (Channel 32), licensee of station WNCF(TV), Montgomery, Alabama willfully and repeatedly violated Section 73.3615 of the Commission's Rules (Rules) by failing to file Ownership Reports (FCC Form 323). For the reasons set forth below, we find Channel 32 apparently liable in the amount of three thousand dollars ($3,000) for its violation of Section 73.3615 of the Rules. II. BACKGROUND Section 73.3615 of the Rules requires broadcast licensees to file an Ownership Report (FCC Form
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  • This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of three thousand dollars ($3,000), pursuant to Section 503(b) of the Communications Act of 1934, as amended (Act), 47 U.S.C. � 503(b), for willful violation of the Commission's rule requiring each licensee of a commercial television broadcast station to file an Ownership Report (FCC Form 323). Section 73.3615 of the Commission's Rules (Rules) requires broadcast licensees to file an Ownership Report (FCC Form 323) when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Section 73.3526(e)(5) of the Rules also requires each licensee of a commercial broadcast station to place
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  • This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of three thousand dollars ($3,000), pursuant to Section 503(b) of the Communications Act of 1934, as amended (Act), 47 U.S.C. � 503(b), for willful violation of the Commission's rule requiring each licensee of a commercial television broadcast station to file an Ownership Report (FCC Form 323). Section 73.3615 of the Commission's Rules (Rules) requires broadcast licensees to file an Ownership Report (FCC Form 323) when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Section 73.3526(e)(5) of the Rules also requires each licensee of a commercial broadcast station to place
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  • This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of three thousand dollars ($3,000), pursuant to Section 503(b) of the Communications Act of 1934, as amended (Act), 47 U.S.C. � 503(b), for willful violation of the Commission's rule requiring each licensee of a commercial television broadcast station to file an Ownership Report (FCC Form 323). Section 73.3615 of the Commission's Rules (Rules) requires broadcast licensees to file an Ownership Report (FCC Form 323) when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Section 73.3526(e)(5) of the Rules also requires each licensee of a commercial broadcast station to place
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  • 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 us, we
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  • and enforceable instrument whether executed by telecopy or by original signatures. ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION ________________________________ _______________ David H. Solomon, Chief Date COMMUNICATIONS COUNSEL GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful written statements to Commission inquiries 47 C.F.R. � 73.1015 Failure to accurately and timely complete ownership reports 47 C.F.R. � 73.3615 Unauthorized transfer of control 47 U.S.C. � 310(d); 47 C.F.R. � 73.3540 Failure to make public inspection file available upon request 47 C.F.R. � 73.3526 Table II Payment Schedule Attachment A Compliance Plan To ensure that Station WQII(AM) does not commit Violations in the future, CCG will do the following: CCG will conduct training for all Station employees on compliance
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  • Gregg Chief, Media Bureau 47 U.S.C. � 503(b). 47 C.F.R. � 0.283. See 47 C.F.R. �� 73.3526(e)(11)( ii) and 73.3526(e)(5). See 47 C.F.R. � 73.3526. 47 C.F.R. � 73.670. This rule limits the amount of commercial matter that a commercial television station may air during children's programming to 10.5 minutes per hour on weekends and 12 minutes on weekdays. Section 73.3615 of the Rules requires broadcast licensees to file an Ownership Report (FCC Form 323) when filing the station's application for renewal of license and every two years thereafter, on the anniversary of the date its renewal application is due to be filed. 47 C.F.R. � 73.3615(a). See Padre Serra Communications, Inc., 14 FCC Rcd 9709 (1999) (citing Gaffney Broadcasting, Inc.,
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  • Section 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, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Pacifica Broadcasting Company (the ``Licensee''), licensee of Station KALO(TV), Honolulu, Hawaii (the ``Station''), apparently willfully and repeatedly violated Section 73.3615(d) of the Rules, by failing to file Biennial Ownership Reports. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of six thousand dollars ($6,000). II. BACKGROUND Section 73.3615(d) of the Rules requires noncommercial educational broadcast station licensees to file a Biennial Ownership Report
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  • broadcast stations to maintain a public inspection file containing designated information and documentation, and section 73.3526(e)(5) in particular states that such designated information shall include a licensee's most recent ownership report. As set forth in section 73.3526(e)(5), a licensee may either retain in the public inspection file ``a copy of the contracts listed in such [ownership] reports in accordance with �73.3615(a)(4)(i),'' or retain an up-to-date list of such contracts, so long as the licensee provides copies of the contracts to requesting parties within 7 days. ``Such contracts,'' as defined by section 73.3615(a)(4)(i) of the Commission's rules, includes all documents required to be filed with the Commission under section 73.3613 of the Commission's rules. Section 73.3613(b)(3) requires that all licensees file with
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  • the Kansas City Office issued to 127 another Notice of Apparent Liability for Forfeiture proposing a forfeiture in the amount of $8,000 for the apparent willful and repeated violation of Section 73.1745(a) of the Rules. On March 21, 2007, the Kansas City Office issued to 127 a Notice of Violation for violations of Sections 11.35(a), 73.1125(d)(1), 73.1201(a)(2), 73.44(b), 73.1560, and 73.3615(a) of the Rules. 127 and the Bureau acknowledge that any proceeding that might result from the Investigation will require the significant expenditure of public and private resources. To conserve such resources and to promote compliance by 127 with the Act and the Rules, 127 and the Bureau hereby enter into this Consent Decree in consideration of the mutual commitments made
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  • subsection 73.3526(e)(11)(i) provides that a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter. Subsection 73.3526(e)(5) also requires each licensee of a commercial broadcast station to place in the public inspection file for its station, a copy of the most recent, complete Ownership Report filed with the Commission biennially. Section 73.3615 requires broadcast licensees to file a Biennial Ownership Report when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Where lapses occur in maintaining the public file, neither the negligent acts nor omissions of station employees or agents, nor the subsequent remedial
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  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Hill Broadcasting Company, Inc. (the ``Licensee''), licensee of Station KTVG(TV), Grand Island, Nebraska (the ``Station''), apparently willfully and repeatedly violated Section 73.3615 of the Rules, by failing to file Biennial Ownership Reports with the Commission and by failing to timely place in the Station's public inspection file all of the materials required by Section 73.3526 of the Commission's Rules. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture
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  • 73.3540 (f)(3)of the Commission's rules in that it was, in effect, a transfer that required prior Commission approval, and as a direct consequence, the March 30, 2006, ownership report is ``in conflict with the facts.'' In this regard, Roach asserts that the Licensee's parent company willfully and knowingly filed untruthful information with the Commission in violation of Sections 73.1015 and 73.3615 (a)(2)(i) of the Rules. In Opposition, the Licensees state that any transfer of Roach's 18.9 percent equity interest in Route 81 did not require the filing of any Commission form because it did not occasion any ``transfer of control'' of Route 81. Moreover, the Licensees contend that Roach exercised a ``put'' option to sell his equity interest in Route 81
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  • of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Video Division, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Lenfest Broadcasting, LLC (the ``Licensee''), licensee of Station WMCN-TV, Atlantic City, New Jersey (the ``Station''), apparently willfully and repeatedly violated Section 73.3615 of the Rules, by failing to file Biennial Ownership Reports. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of six thousand dollars ($6,000). II. BACKGROUND Section 73.3615 of the Commission's Rules requires commercial broadcast licensees to file an Ownership Report (FCC Form
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  • the ownership interests of TIU and EFCA. Neither Section 73.3580 of the Rules nor Form 314 indicates that a public notice must contain this information. As such, we find that Trinity complied with the notice requirements under the Rules. Trinity's Ownership Structure. Petitioners claim that Trinity has not fully disclosed its ownership structure to the Commission, as required by Section 73.3615(d) of the Rules. As such, it asserts that the Commission cannot make a statutory finding under the Act that Trinity is qualified to assign the Station to APMG. Specifically, Petitioners claim that the three ownership reports filed by Trinity fail to provide full information with respect to Trinity's parent organizations, and instead merely include a statement to the effect that
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  • Light'' status as determined by the Commission's Office of the Managing Director. The Licensee did not indicate why it continued the unauthorized operation of the Station from June 2006 to September 2007, although it did say that it recently engaged counsel to help resolve these matters and had taken steps to ensure that its ``oversights'' did not recur. Additionally, Section 73.3615 requires broadcast licensees to file a Biennial Ownership Report when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Section 73.3526 of the Rules requires a commercial broadcast licensee to maintain a public inspection file containing specific types of information related to
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  • would be reportable: (1) minority voting stock interests in a corporation with a single majority shareholder, and (2) interests in an eligible entity that would otherwise be attributable under the Equity/Debt Plus attribution rule. Report and Order at �� 17-19. The reasons warranting these changes are set forth in the Report and Order at �� 12-15, 22. 47 C.F.R. � 73.3615(a). There are three filing dates between now and November 1, 2009: June 1, August 1, and October 1. (...continued from previous page) (continued....) Federal Communications Commission DA 09-1221 Federal Communications Commission DA 09-1221 g w F � � � � � � � � � � � � � � � � � � � � � � � �
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  • WQLO(FM) construction permit, to SAID, as proposed in applications filed with the Commission in 2008. See Broadcast Applications, Public Notice, Report No. 26766 at 1-2 (June 26, 2008), and Broadcast Applications, Public Notice, Report No. 26803 at 1 (Aug. 19, 2008). Although SAID has never filed any of its required ownership reports with the Commission pursuant to 47 C.F.R. � 73.3615(e)(1), SAID's applications and records of the Michigan Department of Labor and Economic Growth show that Mr. Schaberg is one of two directors of this foundation. See, e.g., Application on FCC Form 340 (file no. BNPED-20071017AJB). Affidavit of David C. Schaberg, dated Sep. 2, 2008, at 2. However, the Supplement to Response contains a different, unsigned version of this affidavit. That
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  • new filing deadline will be at least 90 days from the date that the form is made available for new biennial filings. The ``as of'' date will remain the same, November 1, 2009, and will not be suspended or changed. During the interim biennial suspension period, we will not suspend non-biennial filings of Form 323 that are required by Section 73.3615 of the Commission's rules and will require that these continue to be filed by to the deadlines enumerated in that rule. Accordingly, IT IS ORDERED, that pursuant to authority under Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), authority delegated to the Media Bureau pursuant to Sections 0.61, 0.204 and 0.283 of the Commission's
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  • response to the Request for Waiver filed on June 8, 2010 by Window to the World Communications, Inc. (``WWCI''), licensee of commercial FM station WFMT, Chicago, IL. WWCI seeks a waiver of the 2009 biennial filing requirement for the Ownership Report for Commercial Broadcast Stations (FCC Form 323). For the reasons discussed below, we deny WWCI's request for waiver. Section 73.3615 of the Commission's rules requires each licensee of a commercial AM, FM, or TV broadcast station to file an ownership report, FCC Form 323, every two years. The current deadline is July 8, 2010. WWCI argues that the Commission should waive the filing requirement for WWCI because it is a non-profit, non-stock entity that is managed by a self-perpetuating governing
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  • licensee of non-commercial educational Station WSPS(FM), Concord, New Hampshire (the ``Station''). The Consent Decree resolves issues arising from the Bureau's review of the captioned license renewal application for the Station as to whether the Licensee violated Section 73.3527 of the Commission's Rules (the ``Rules''), which governs the maintenance of a noncommercial educational station's public file (``Public File Rule'') and Section 73.3615 of the Rules, which mandates the filing of ownership reports (``Ownership Report Rule''). 2. The Consent Decree provides, among other things, that the Licensee will institute and maintain, for three years, a Compliance Plan for the Station and make a $10,000 voluntary contribution to the United States Treasury. A copy of the Consent Decree is attached hereto and incorporated by
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  • Decree is executed by the last of the Parties to do so; (h) ``Licensee'' refers to St. Paul's School; (i) ``Order'' means the Order of the Bureau adopting this Consent Decree; (j) ``Parties'' means the Bureau and the Licensee; (k) ``Public File Rule'' means Section 73.3527 of the Commission's rules, 47 C.F.R. Section 73.3527; (l) ``Ownership Report Rule'' means Section 73.3615 of the Commission's rules, 47 C.F.R. Section 73.3615; (m) ``Rules'' means the Commission's Rules, found in Title 47 of the Code of Federal Regulations; (n) ``Station'' means Station WSPS(FM), Concord, New Hampshire (Facility ID No. 62166); (o) ``Term'' means the period of time in which the Compliance Plan is in effect; and (p) ``Violations'' means the violations of the Public
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  • U.S.C. � 503(b); 47 C.F.R. � 1.80(f). See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 � 4 (2002) (forfeiture paid). See 47 C.F.R. � 73.3526(c)(1), (e)(5). See 47 C.F.R. � 73.3526 (requiring licensees of commercial broadcast stations to maintain public inspection files with specific contents, including ownership reports and related materials). See 47 C.F.R. �� 73.3613(b), 73.3615(a)(4)(i), 73.3526(e)(5); Review of the Commission's Rules Regarding the Main Studio and Local Public Inspection Files of Broadcast Television and Radio Stations, Report and Order, 13 FCC Rcd 15691, 15713 � 50 (1998) (``Main Studio and Local Public Inspection Files Report and Order''), stayed, Order, 13 FCC Rcd 18174 (1998), affirmed in pertinent part, 14 FCC Rcd 11113 (1999). See 47
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  • 0841420054 FRN: 0004981304 FORFEITURE ORDER Adopted: May 3, 2010 Released: May 4, 2010 By the Chief, Video Division, Media Bureau: In this Forfeiture Order (``Order'') we issue a monetary forfeiture in the amount of six thousand dollars ($6,000) to Hill Broadcasting Company, Inc. (``Licensee''), licensee of Station KTVG(TV), Grand Island, Nebraska (``Station'') for its willful and repeated violations of Sections 73.3615 and 73.3526 of the Commission's Rules, by failing to file Biennial Ownership Reports with the Commission and by failing to timely place in the Station's public inspection file all required materials. On July 22, 2008, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of six thousand dollars ($6,000) to Licensee for its violations. Licensee
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  • 2009) ("Report and Order"). http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-33A1.txt Commission Forms: Form 323 and Filing Instructions for Ownership Report http://www.fcc.gov/Forms/Form323/323.pdf Rules that the Commission Reviewed: The Commission reviewed its rules pertaining to the filing requirements of Form 323 Ownership Reports under Part 73 and Part 74 of the Commission's rules and regulations. Amendments were adopted for the following rules: 47 C.F.R. � 73.3615 (Ownershipreports); � 73.6026 (Broadcast regulations applicable to Class A television stations); and � 74.797 (Biennial Ownership Reports). These amendments to the reporting requirements of FCC Form 323 will enable the Commission to improve data collection, obtaina comprehensive assessment of minorityand female broadcast ownership in the United States, and conduct studies of trends in minorityand female broadcast ownership. 3 Enlarging the
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  • times. Licensee indicated ``No'' to that Item, explaining in an exhibit to the application that quarterly issues/programs lists for 1996, the first quarter of 1997, and the second quarter of 1998 through the second quarter of 1999, were not in the public inspection file. Additionally, Licensee admits that it had failed to file its Biennial Ownership reports required by Section 73.3615. On June 25, 2004, the Media Bureau (``Bureau'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Licensee for this violation. Licensee filed a ``Request for Cancellation or Reduction of Forfeiture'' (``Request'') on July 27, 2004. In its Request, Licensee argues that a reduction or cancellation of the forfeiture is warranted
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  • Brett or Jessica Campbell, Industry Analysis Division at 202-418-2330. FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau Report and Order and Fourth Further Notice of Proposed Rulemaking, MB Docket No. 07-294, 24 FCC Rcd 5896 (2009), recon. granted in part, Memorandum Opinion and Order and Fifth Further Notice of Proposed Rulemaking, 24 FCC Rcd 13040 (2009). 47 C.F.R. � 73.3615(a). The Bureau extended the 2009 filing deadline until July 8, 2010 due to delays in the availability of the revised Form. Media Bureau Announces Revised Form 323 will be Available Online on April 9, 2010, and Sets New Filing Deadline of July 8, 2010, MB Doc. No. 07-294, Public Notice, 25 FCC Rcd 3595 (MB, 2010). (...continued from previous page)
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  • 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 of the Consent
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  • deadline for license renewal applications; Section 301 of the Communications Act of 1934, as amended (\'93Act),}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s20\qj \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs22\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 U.S.C. \'a7 301.}}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 which requires a valid aut horization from the Commission to operate a broadcast station; and Section 73.3615 of the Rules, which mandates the filing of ownership reports.}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s20\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs22\super \chftn }{ \rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 73.3615(d).}}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \par }\pard \ltrpar\ql \li0\ri0\widctlpar\tx720\tx4680\wrapdefault\aspalpha\aspnum\faauto\adjus tright\rin0\lin0\itap0 {\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \par }\pard\plain \ltrpar\s23\ql \li0\ri0\sa220\nowidctlpar\tx720\tx1440\wrapdefault\aspalpha\aspnum\faau to\adjustright\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs22\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0
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  • Regulations and Policies Affecting Investment In the Broadcast Industry Reexamination of the Commission's Cross-Interest Policy ) ) ) ) ) ) ) ) ) ) ) ) ) MM Docket No. 94-150 MM Docket No. 92-51 MM Docket No. 87-154 Released: February 15, 2001 By the Chief, Mass Media Bureau: This Erratum corrects a typographical error in amended rule section 73.3615 set forth in Appendix B of Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, MM Docket No. 94-150, FCC 00-438, Memorandum Opinion and Order on Reconsideration released January 19, 2001. The rule change amends Section 73.3615(a)(3)(iv)(B), not Section 73.3615(a)(3)(iii)(B). The Memorandum Opinion and Order on Reconsideration was published in the Federal Register on February 13, 2001,
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  • address for filing the rulemaking fee and the requisite minor change or license application is Federal Communications Commission, Mass Media Services, P.O. Box 358165, Pittsburgh, PA 15251-5165. 6 Every two years on the anniversary of its station's renewal application filing date, commercial radio and television broadcast station licensees are generally required to submit an ownership report in accordance with Section 73.3615 of the Rules. The ownership report is the FCC Form 323, or the aggregate Form 323s as the case may be, that is submitted on behalf of the individual AM, FM, or TV broadcast station. When the licensee, however, is a partnership that is composed entirely of natural persons or a sole proprietorship (i.e., the station is licensed to an
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  • 200332560019 FRN 0005-0141-62 ERRATUM Released: March 12, 2003 By the Enforcement Bureau, Kansas City Office: On March 11, 2003, the Commission's Kansas City Office released a Notice of Apparent Liability (``NAL'') to Community Broadcasting, Inc. This Erratum corrects a typographical error in the released NAL. This Erratum amends the NAL, correcting paragraph 3 and footnote 2 by changing ``73.3516(a)'' to ``73.3615(a)'' in each instance it appears in the document. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director Kansas City Office Enforcement Bureau $ $ $ ��`�� $ �
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  • address for filing the rulemaking fee and the requisite minor change or license application is Federal Communications Commission, Mass Media Services, P.O. Box 358165, Pittsburgh, PA 15251-5165. 6 Every two years on the anniversary of its station's renewal application filing date, commercial radio and television broadcast station licensees are generally required to submit an ownership report in accordance with Section 73.3615 of the Rules. The ownership report is the FCC Form 323, or the aggregate Form 323s as the case may be, that is submitted on behalf of the individual AM, FM, or TV broadcast station. When the licensee, however, is a partnership that is composed entirely of natural persons or a sole proprietorship (i.e., the station is licensed to an
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267890A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267890A3.pdf
  • address for filing the rulemaking fee and the requisite minor change or license application is Federal Communications Commission, Mass Media Services, P.O. Box 358165, Pittsburgh, PA 15251-5165. 6 Every two years on the anniversary of its station's renewal application filing date, commercial radio and television broadcast station licensees are generally required to submit an ownership report in accordance with Section 73.3615 of the Rules. The ownership report is the FCC Form 323, or the aggregate Form 323s as the case may be, that is submitted on behalf of the individual AM, FM, or TV broadcast station. When the licensee, however, is a partnership that is composed entirely of natural persons or a sole proprietorship (i.e., the station is licensed to an
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  • corresponds to an output power of 3876 watts or 78% of the authorized power of 5000 watts. It is also noted that the licensee was notified of this same violation in an NOV dated July 11, 2006, when an inspection of the station on December 15, 2005 found the station operating at reduced power during the day. 47 C.F.R. � 73.3615(a): ``[E]ach licensee of a commercial AM ... station shall file an Ownership Report on FCC Form 323 when filing the station's license renewal application and every two years thereafter on the anniversary of the date that its renewal application is required to be filed.'' Section 73.3526(e)(5) requires a copy of the most recent, complete ownership report to be maintained in
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  • for filing the rulemaking fee and the requisite minor change or license application is Federal Communications Commission, Mass Media Services, P.O. Box 979089, St. Louis, MO 63197-9000. 6 Every two years on the anniversary of its station's renewal application filing date, commercial radio and television broadcast station licensees are generally required to submit an ownership report in accordance with Section 73.3615 of the Rules. The ownership report is the FCC Form 323, or the aggregate Form 323s as the case may be, that is submitted on behalf of the individual AM, FM, or TV broadcast station. When the licensee, however, is a partnership that is composed entirely of natural persons or a sole proprietorship (i.e., the station is licensed to an
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  • files and documents are available, including: (1) Applications for radio and television broadcast station construction permits, licenses, modifications of facilities, license renewal, assignments and transfer of control, including any Commission correspondence or rulings pertaining to those applications; (2) Petitions to deny, informal objections, and complaints directed against the stations and/or station applications; (3) Ownership reports filed by licensees pursuant to �73.3615 of this chapter; (4) Television network application contracts, radio and television time brokerage agreements, and other documents required to be filed under �73.3613 of this chapter; (5) Children's television programming reports filed by commercial television licensees pursuant to �73.3526 of this chapter; (6) Annual DTV ancillary/supplementary services reports filed by commercial and non-commercial educational digital television licensees pursuant to �73.624
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  • for filing the rulemaking fee and the requisite minor change or license application is Federal Communications Commission, Mass Media Services, P.O. Box 979089, St. Louis, MO 63197-9000. 6 Every two years on the anniversary of its station's renewal application filing date, commercial radio and television broadcast station licensees are generally required to submit an ownership report in accordance with Section 73.3615 of the Rules. The ownership report is the FCC Form 323, or the aggregate Form 323s as the case may be, that is submitted on behalf of the individual AM, FM, or TV broadcast station. When the licensee, however, is a partnership that is composed entirely of natural persons or a sole proprietorship (i.e., the station is licensed to an
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308196A1.doc
  • for filing the rulemaking fee and the requisite minor change or license application is Federal Communications Commission, Mass Media Services, P.O. Box 979089, St. Louis, MO 63197-9000. 6 Every two years on the anniversary of its station's renewal application filing date, commercial radio and television broadcast station licensees are generally required to submit an ownership report in accordance with Section 73.3615 of the Rules. The ownership report is the FCC Form 323, or the aggregate Form 323s as the case may be, that is submitted on behalf of the individual AM, FM, or TV broadcast station. When the licensee, however, is a partnership that is composed entirely of natural persons or a sole proprietorship (i.e., the station is licensed to an
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  • related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the new report and any related materials shall be placed in the file. The permittee or licensee must retain in the public file either a copy of the contracts listed in such reports in accordance with �73.3615(a)(4)(i), or an up-to-date list of such contracts. Licensees or permittees who choose to retain a list of contracts must provide a copy of any contracts to requesting parties within 7 days. ...(8) The public and broadcasting. At all times, a copy of the most recent version of the manual entitled ``The Public and Broadcasting.'' At the time of inspection, agents
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  • show who sent the document, who received it, and when it was received. The court viewed the missing information as integral parts of the agency record that the agency lacked discretion to ``lop off.'' 1 F.3d at 1286. See, e.g., Service v. Dulles, 354 U.S. 363, 388-89 (1957); Gardner v. FCC, 530 F.2d 1086, 1089-91 (D.C. Cir. 1976). See Section 73.3615(a) of the Commission's Rules; 1998 Biennial Regulatory Review - Streamlining Mass Media Applications, Rules and Processes, 13 FCC Rcd 23056, 23094 (1998). See Section 73.3615(c) of the Commission's Rules. See Sections 334 and 634(d)(3)(A) of the Communications Act, 47 U.S.C. � 334 and 554(d)(3)(A). Report and Order, 15 FCC Rcd at 2389. NAB Petition at 16 n.5. See id. See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-438A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-438A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-438A1.txt
  • services on the TV vertical blanking interval and in the visual signal; time sales contracts with the same sponsor for 4 or more hours per day, except where the length of the events (such as athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators. Section 73.3615 is amended by revising the second sentence in paragraph (a)(3)(iii)(B) to read as follows: � 73.3615 Ownership reports. * * * * * (a) * * * (3) * * * (iv) * * * (B) * * * If X has a voting stockholder interest in the licensee, only those voting interests of X that are cognizable after application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.txt
  • the purpose of making the contracts and agreements available to the public in the Commission's public reference room. While copies of contour overlap maps are no longer required as an exhibit to the application, the maps must still be filed for the purpose of making the maps available to the public in the Commission's public reference room. 47 C.F.R. � 73.3615. In the Matter of 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Notice of Proposed Rulemaking and Order, 13 FCC Rcd 14849 (1998) (Technical Streamlining Notice). In the Matter of 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-38A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-38A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-38A1.txt
  • services on the TV vertical blanking interval and in the visual signal; time sales contracts with the same sponsor for 4 or more hours per day, except where the length of the events (such as athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators. Section 73.3615 is amended by revising the second sentence in paragraph (a)(3)(iii)(B) to read as follows: � 73.3615 Ownership reports. * * * * * (a) * * * (3) * * * (iii) * * * (B) * * * If X has a voting stockholder interest in the licensee, only those voting interests of X that are cognizable after application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01D-01A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01D-01A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01D-01A1.txt
  • but are not limited to the following: Any agreement providing for the ownership or voting rights of the licensee's stock .... Management consultant agreements with independent contractors; ... station management contracts with any persons, whether or not officers, directors, or regular employees, which provide for both a percentage of profits and a sharing in losses; or any similar agreements. Section 73.3615(a) requires: Ownership Reports: Ownership Reports shall provide the following information [for a corporation] as of a date not more than 60 days prior to the filing of the Report: The name, residence, citizenship, and stockholding of every officer, director .... And in the case of all licensees: A list of all contracts still in effect required to be filed with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-319A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-319A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-319A1.txt
  • NOT BE REVOKED. RMI shall appear before an Administrative Law Judge at a time and place to be specified in a subsequent Administrative Law Judge order and give evidence upon the following issues: To determine the facts and circumstances surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry; To determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether its captioned
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-114A1.txt
  • the public file, neither the negligent acts or omissions of station employees or agents, nor the subsequent remedial actions undertaken by the licensee, excuse or nullify a licensee's rule violation. The evidence indicates that SFUSD failed to keep the station's public inspection file complete and current as required by the rule. It appears, therefore, that SFUSD violated Sections 73.3527 and 73.3615(g) of the Commission's rules as follows: The KALW(FM) public inspection file did not contain all of the supplemental ownership reports required by Sections 73.3527 and 73.3615(g) on August 1, 1997, when the subject license renewal application was filed. Missing items include the 1995 ownership supplement, which was not signed and dated until December of 1997. Additionally, it appears that the
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  • permittee is required to file, inter alia: ``(b) [c]ontracts, instruments or documents relating to the present or future ownership or control of the permittee . . . [including] (3) (iii) options to purchase stock and other executory agreements; (5) loan agreements containing provisions restricting the . . . permittee's freedom of operation; and (d) time brokerage agreements. In addition, Sections 73.3615(a)(4)(i) and 73.3615(b) provide that permittees include with ownership reports filed with their license applications ``[a] list of all contracts still in effect required to be filed with the FCC by [Section] 73.3613 showing the date of execution and expiration of each contract.'' 48. As noted above, High executed the MOU on August 11, 1997. That document established the parameters of
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  • October 2000 - February 28, 2001 and January 1998 - mid-1998), Michael Johnson (mid-1998 - September 2000), and Jeffrey Ramirez (August 5, 1996 - January 31, 1998). The General Manager has responsibility for updating and maintaining the Station's PIF. (EB Exh. 5 at 117.) One requisite is maintaining updated and current ownership information in the PIF. 47 C.F.R. �� 73.3527(c), 73.3615(e), (f), (g) (1996) (EB Exh. 59). In 1997, supplemental ownership reports were to be placed in the PIF after election changes of BOE membership. Issues/programs lists were to be placed in the PIF on a quarterly basis, ten days following the end of each calendar quarter. 47 C.F.R. � 73.3527(a) (7)(1996) (EB Exh. 59 at 2-3). When a renewal application
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  • treated as ``small business'' if it and affiliated entities have annual gross receipts under $6.5 million). Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945). See also Bachow Communications, Inc. v. FCC, 237 F.3d 683 (D.C. Cir. 2001). See 1998 Biennial Regulatory Review, 13 FCC Rcd at 23096-99, �� 100-05. See 47 U.S.C. �� 257, 309 (j). 47 C.F.R. � 73.3615. Noncommercial educational station licensees file FCC Form 323-E. See 47 CFR � 73.3615 (d). FCC Form 323, Question 9, Ownership Instructions - Section II, Note 4. Minority and female ownership data are posted at http://www.fcc.gov/ownership/data.html. See Reply of the Diversity and Competition Supporters in Response to the Second Further Notice of Proposed Rulemaking at 14-15 (Nov. 1, 2007). Id. at
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  • Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A Rule Changes PART 73 - RADIO BROADCAST SERVICES 1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336 and 339. 2. Amend � 73.3615 by revising paragraph (a) introductory text to read as follows: � 73.3615 Ownership reports. (a) The Ownership Report FCC Form 323 must be electronically filed no later than November 1, 2009, and every two years thereafter by (1) each licensee of a commercial AM, FM, or TV broadcast station (``Licensee'') and (2) each entity that holds an interest in the
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  • citing the time it will take to gather the financial information. NAB reiterates its proposal that the Commission adopt a less burdensome method of collecting information about nonattributable investors by restricting the types of data collected to general demographic information. Upon reconsideration, we will delete the requirement that these two types of nonattributable interests be reported. Accordingly, we modify Section 73.3615 of the Commission's rules, as set forth in Appendix A. In the 323 Order, the Commission sought to revise Form 323 to ``obtain an accurate, reliable, and comprehensive assessment of minority and female broadcast ownership in the United States.'' As discussed in the Order, the Commission concluded that gathering race, ethnicity, and gender data on the holders of these two
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-31A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-31A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-31A1.txt
  • that the proceeding will be conducted in accordance with the provisions of � 1.1206 governing permit-but-disclose proceedings.''). See, e.g., Workshop Transcript at 105-08. Sup. Ct. R. 29.6. Id. Sup. Ct. R. 37.6. D.C. Cir. R. 26.1. D.C. Cir. R. 26.1(a). Id. Id. D.C. Cir. R. 26.1(b). See 2 U.S.C. � 1603(b). See 2 U.S.C. � 1.1603(b)(3)(A). See 47 C.F.R. � 73.3615(a)-(c). See 47 C.F.R. � 1.919. Id. � 1.2112(a)(1). . See id. � 1.1216 (identifying possible sanctions for violating the ex parte rules, including disqualification from further participation in a proceeding). . . . . . There, the Commission provides links to its blogs for the Open Internet and National Broadband Plan proceedings, its Facebook page, its Myspace page, its IdeaScale
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-22A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-22A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-22A1.txt
  • at 45, 48. In other contexts, the Commission has opted to require reporting in lieu of more proscriptive requirements. For example, Section 1 1.2110(n) of the Commission's Rules requires wireless providers that claim Designated Entity (DE) status to file an annual report to affirm the provider's continuing status as a DE. See 47 C.F.R. � 1.2110(n); FCC Form 611-T. Section 73.3615(a) of the Commission's Rules requires licensees of commercial AM, FM, and full power television broadcast stations as well as Licensees of Class A and Low Power Television stations to file an ownership report every two years to ensure compliance with statutory ownership limits. See 47 C.F.R. � 73.3615(a); FCC Form 323. NPRM, 26 FCC Rcd at 7189 � 56. NPRM,
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • with Section 310(d). 76. We note past suggestions that we adopt a notification procedure for certain pro forma transfers and assignments instead of requiring a Form 316 application process and prior Commission consent. Under such a streamlined procedure certain assignments and transfers, as listed above, could be carried out by Federal Communications Commission FCC 98-57 101 See 47 C.F.R. � 73.3615(f). 102 Memorandum Opinion and Order, Forbearance from Section 310(d) of the Communications Act Regarding Non-substantial Assignments of Wireless Licenses and Transfers of Control Involving Telecommunications Carriers, FCC 98-18, released February 4, 1998; Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, Sect. 10, codified at 47 U.S.C. � 160(a). 103 47 C.F.R. � 78.35(c). In adopting this rule,
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • 92. Background. Under the Commission's current rules, licensees of commercial AM, FM and television broadcast stations (with the exception of sole proprietorships and partnerships composed entirely of natural persons) are required to file an Ownership Report (FCC Form 323) once a year, on the anniversary of the date that their license renewal applications must be filed. See 47 C.F.R. � 73.3615. In the Notice, 13 FCC Rcd at 11379 (� 85), we proposed to reduce the frequency with which Ownership Reports must be filed. We also sought comment on whether noncommercial educational broadcast station licensees and permittees should be subject to the same ownership reporting requirements as commercial licensees. With minor modification, we determine to adopt our ownership reporting proposals.152 93.
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.pdf
  • those stations retain in their public files, a copy of their most recently filed complete ownership report (FCC Form 323-E) "together with any subsequent supplemental report or statement filed with the FCC certifying that the current report is accurate. . . ."91 We made this change to reflect the same requirement in the rule governing ownership reports, 47 CFR � 73.3615. Public Broadcasters request that we delete the requirement that noncommercial educational stations file certifications that the current ownership report is accurate. They claim these certifications are filed only by commercial licensees because noncommercial educational licensees file their ownership reports on a different schedule than commercial licensees.92 39. We will retain the rule as revised. In the Mass Media Streamlining Report
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  • the Ownership Report form, Form 323, to reflect the addition of the EDP rule, as well as the other attribution changes adopted in this Report and Order. We direct the Mass Media Bureau to make the necessary modifications to the form to reflect these changes. Further, the Mass Media Bureau is delegated authority to revise the Ownership Report rule, Section 73.3615, to reflect the addition of the EDP rule, as well as the other attribution changes adopted in this Report and Order. Thereafter, we will issue a public notice with the revised Ownership Report Form and Ownership Report rule to reflect and incorporate these changes. IV. Administrative Matters 175. Paperwork Reduction Act of 1995 Analysis. This R&O contains either new or
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf
  • In the Notice, we invited comment on whether LPFM stations of each class should be subject to the variety of other rules in Part 73 with which full power stations must comply, including, for example, the main studio rule (47 C.F.R. � 73.1125(a)), public file rule (47 C.F.R. �� 73.3526, 73.3527), and the periodic ownership reporting requirements (47 C.F.R. � 73.3615). Given the purposes and power levels of LP1000 stations, we tentatively concluded that LP1000 licensees should generally meet the Part 73 rules applicable to full power FM stations. However, the Notice sought comment on whether sufficient useful purpose would be served in applying each rule to these licensees. We were disinclined to apply these service rules to LP10 stations, and
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.txt
  • services on the TV vertical blanking interval and in the visual signal; time sales contracts with the same sponsor for 4 or more hours per day, except where the length of the events (such as athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators. Section 73.3615 is amended by revising the second sentence in paragraph (a)(3)(iii)(B) to read as follows: � 73.3615 Ownership reports. * * * * * (a) * * * (3) * * * (iv) * * * (B) * * * If X has a voting stockholder interest in the licensee, only those voting interests of X that are cognizable after application
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • the purpose of making the contracts and agreements available to the public in the Commission's public reference room. While copies of contour overlap maps are no longer required as an exhibit to the application, the maps must still be filed for the purpose of making the maps available to the public in the Commission's public reference room. 47 C.F.R. � 73.3615. In the Matter of 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Notice of Proposed Rulemaking and Order, 13 FCC Rcd 14849 (1998) (Technical Streamlining Notice) In the Matter of 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules,
• http://transition.fcc.gov/Speeches/Tristani/Statements/stgt818.html http://transition.fcc.gov/Speeches/Tristani/Statements/stgt818.txt http://transition.fcc.gov/Speeches/Tristani/Statements/stgt818.wp
  • "transmission" of video programming under Title VI). Indeed, the majority acknowledges (at para. 53) that it is the programmers using common carrier facilities that "generate and control" the signals from their headend to their subscribers. 21. ^21Under the Commission's rules, a "significant interest" is a cognizable interest for attributing interests in broadcast, cable and newspaper properties pursuant to Sections 73.3555, 73.3615, and 76.501. See 47 C.F.R. 76.5(bb). 22. ^22NCTA, 33 F.3d at 71. See also TBA v. Ohio Bell Telephone Company, FCC 97-64 (March 4, 1997) at 12 (common carrier that simply processes incoming transmissions and passes those signals on to their designated destinations does not control the transmitted signals). 23. ^23See S. Rep. 104-230, 104th Cong. 2d Sess. at 177
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-272115A1.html
  • to an output power of 3876 watts or 78% of the authorized power of 5000 watts. It is also noted that the licensee was notified of this same violation in an NOV dated July 11, 2006, when an inspection of the station on December 15, 2005 found the station operating at reduced power during the day. f. 47 C.F.R. S 73.3615(a): "[E]ach licensee of a commercial AM ... station shall file an Ownership Report on FCC Form 323 when filing the station's license renewal application and every two years thereafter on the anniversary of the date that its renewal application is required to be filed." Section 73.3526(e)(5) requires a copy of the most recent, complete ownership report to be maintained in
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-311710A1.html
  • related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the new report and any related materials shall be placed in the file. The permittee or licensee must retain in the public file either a copy of the contracts listed in such reports in accordance with S:73.3615(a)(4)(i), or an up-to-date list of such contracts. Licensees or permittees who choose to retain a list of contracts must provide a copy of any contracts to requesting parties within 7 days. ...(8) The public and broadcasting. At all times, a copy of the most recent version of the manual entitled "The Public and Broadcasting." At the time of inspection, agents
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-319A1.html
  • BE REVOKED. RMI shall appear before an Administrative Law Judge at a time and place to be specified in a subsequent Administrative Law Judge order and give evidence upon the following issues: (a) To determine the facts and circumstances surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry;22 (b) To determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether its
• http://transition.fcc.gov/eb/Orders/2003/DA-03-3513A1.html
  • 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 circumstances surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry; and (b) to determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether
• http://transition.fcc.gov/eb/Orders/2005/DA-05-603A1.html
  • 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 facts before
• http://transition.fcc.gov/eb/Orders/2005/DA-05-603A2.html
  • together, will constitute a legally binding and enforceable instrument whether executed by telecopy or by original signatures. ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION ________________________________ _______________ David H. Solomon, Chief Date COMMUNICATIONS COUNSEL GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful 47 C.F.R. 73.1015 written statements to Commission inquiries Failure to accurately and 47 C.F.R. 73.3615 timely complete ownership reports Unauthorized transfer of 47 U.S.C. 310(d); 47 control C.F.R. 73.3540 Failure to make public 47 C.F.R. 73.3526 inspection file available upon request Table II Payment Schedule April 1, 2005 $5,000 May 1, 2005 $2,500 June 1, 2005 $2,500 July 1, 2005 $2,500 August 1, 2005 $2,500 September 1, 2005 $2,500 October 1, 2005 $2,500 November 1,
• http://transition.fcc.gov/eb/Orders/2007/DA-07-3641A1.html
  • Kansas City Office issued to 127 another Notice of Apparent Liability for Forfeiture proposing a forfeiture in the amount of $8,000 for the apparent willful and repeated violation of Section 73.1745(a) of the Rules. 3. On March 21, 2007, the Kansas City Office issued to 127 a Notice of Violation for violations of Sections 11.35(a), 73.1125(d)(1), 73.1201(a)(2), 73.44(b), 73.1560, and 73.3615(a) of the Rules. 4. 127 and the Bureau acknowledge that any proceeding that might result from the Investigation will require the significant expenditure of public and private resources. To conserve such resources and to promote compliance by 127 with the Act and the Rules, 127 and the Bureau hereby enter into this Consent Decree in consideration of the mutual commitments
• http://transition.fcc.gov/eb/Orders/2010/DA-10-586A1.html
  • U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f). See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 P: 4 (2002) (forfeiture paid). See 47 C.F.R. S: 73.3526(c)(1), (e)(5). See 47 C.F.R. S: 73.3526 (requiring licensees of commercial broadcast stations to maintain public inspection files with specific contents, including ownership reports and related materials). See 47 C.F.R. S:S: 73.3613(b), 73.3615(a)(4)(i), 73.3526(e)(5); Review of the Commission's Rules Regarding the Main Studio and Local Public Inspection Files of Broadcast Television and Radio Stations, Report and Order, 13 FCC Rcd 15691, 15713 P: 50 (1998) ("Main Studio and Local Public Inspection Files Report and Order"), stayed, Order, 13 FCC Rcd 18174 (1998), affirmed in pertinent part, 14 FCC Rcd 11113 (1999). See 47
• http://transition.fcc.gov/eb/Orders/2011/DA-11-242A1.html
  • 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 terms of the
• http://transition.fcc.gov/eb/Orders/da001575.doc http://transition.fcc.gov/eb/Orders/da001575.txt
  • 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 inquiry letter dated September 23, 1999, we commenced an investigation into allegations that Hackler, licensee of commercial radio Station KSRW(FM), Childress, TX,
• http://transition.fcc.gov/eb/Public_Notices/da001311.doc http://transition.fcc.gov/eb/Public_Notices/da001311.html
  • for violation of 47 C.F.R. � 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Denver, CO Office (5/2/00). Ubik Corporation. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inpection File), and 73.3615 (Ownership Reports). Anchorage, AK Office (5/25/00). 47 C.F.R. � 1.89 (Notice of Violation) George McClellan, Suffolk, VA. Failure to respond to previous NOV regarding violation of 47 C.F.R. � 17.4 (Antenna Structure Registration). Norfolk, VA Office (5/19/00). Crystal Dawn, Inc., Manteo, NC. Failure to file complete response to previous NOV regarding violation of 47 C.F.R. �� 80.59(Compulsory Ship Inspection) and
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [690]TEXT [691]PDF 73.3597 Procedures on transfer and assignment applications. [692]TEXT [693]PDF 73.3598 Period of construction. [694]TEXT [695]PDF 73.3601 Simultaneous modification and renewal of license. [696]TEXT [697]PDF 73.3603 Special waiver procedure relative to applications. [698]TEXT [699]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [700]TEXT [701]PDF 73.3612 Annual employment report. [702]TEXT [703]PDF 73.3613 Filing of contracts. [704]TEXT [705]PDF 73.3615 Ownership reports. [706]TEXT [707]PDF 73.3617 Information available on the Internet. [708]TEXT [709]PDF 73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent material). [710]TEXT [711]PDF 73.4000 Listing of FCC policies. [712]TEXT [713]PDF 73.4005 Advertising--refusal to sell. [714]TEXT [715]PDF 73.4015 Applications for AM and FM construction permits, incomplete or defective. [716]TEXT [717]PDF 73.4017 Application processing: Commercial FM
• http://transition.fcc.gov/fcc-bin/audio/initialCP.html
  • filing fee. This may be done electronically using the "Form 159" button in the Call Sign Reservation and Authorization System. [10][ Return to Table of Contents ] * Ownership Report (FCC Form 323 or Form 323-E) -- A new permittee must electronically submit an ownership report to the Commission within 30 days of the date of grant. See [11]47 CFR 73.3615(b) of the Commission's Rules. Noncommercial educational AM and FM permittees must use FCC Form 323-E for the ownership report. In the event that the permittee is already the licensee or permittee of another broadcast station, has on file a current ownership report, and no changes to the information required by 47 CFR 73.3615(a) are necessary, then the permittee need not
• http://wireless.fcc.gov/auctions/25/releases/fc990074.pdf http://wireless.fcc.gov/auctions/25/releases/fc990074.txt http://wireless.fcc.gov/auctions/25/releases/fc990074.wp
  • warrants, options or debt securities are owned by the applicant. The Commission recently modified its ownership reporting rules to require broadcast licensees to file Ownership 58 Reports every two years, rather than annually. Broadcast licensees and permittees must also file an Ownership Report within 30 days of consummating authorized assignments or transfers of licenses or permits. See 47 C.F.R. � 73.3615; Nontechnical Streamlining Report and Order, 13 FCC Rcd at 23094. 22 inspection of short-form applications. Based on our experience in conducting 20 prior auctions, we believe it appropriate, for several reasons, to continue using our wide area network (WAN) for conducting Commission auctions, including for the filing of short-form applications to participate in an auction. First, the WAN and associated
• http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
  • warrants, options or debt securities are owned by the applicant. The Commission recently modified its ownership reporting rules to require broadcast licensees to file Ownership 58 Reports every two years, rather than annually. Broadcast licensees and permittees must also file an Ownership Report within 30 days of consummating authorized assignments or transfers of licenses or permits. See 47 C.F.R. � 73.3615; Nontechnical Streamlining Report and Order, 13 FCC Rcd at 23094. 22 inspection of short-form applications. Based on our experience in conducting 20 prior auctions, we believe it appropriate, for several reasons, to continue using our wide area network (WAN) for conducting Commission auctions, including for the filing of short-form applications to participate in an auction. First, the WAN and associated
• http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
  • warrants, options or debt securities are owned by the applicant. The Commission recently modified its ownership reporting rules to require broadcast licensees to file Ownership 58 Reports every two years, rather than annually. Broadcast licensees and permittees must also file an Ownership Report within 30 days of consummating authorized assignments or transfers of licenses or permits. See 47 C.F.R. � 73.3615; Nontechnical Streamlining Report and Order, 13 FCC Rcd at 23094. 22 inspection of short-form applications. Based on our experience in conducting 20 prior auctions, we believe it appropriate, for several reasons, to continue using our wide area network (WAN) for conducting Commission auctions, including for the filing of short-form applications to participate in an auction. First, the WAN and associated
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001578.doc
  • 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 inquiry letter dated September 23, 1999, we commenced an investigation into allegations that Hackler, licensee of commercial radio Station KSRW(FM), Childress, TX,
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001311.doc
  • for violation of 47 C.F.R. � 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Denver, CO Office (5/2/00). Ubik Corporation. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inpection File), and 73.3615 (Ownership Reports). Anchorage, AK Office (5/25/00). 47 C.F.R. � 1.89 (Notice of Violation) George McClellan, Suffolk, VA. Failure to respond to previous NOV regarding violation of 47 C.F.R. � 17.4 (Antenna Structure Registration). Norfolk, VA Office (5/19/00). Crystal Dawn, Inc., Manteo, NC. Failure to file complete response to previous NOV regarding violation of 47 C.F.R. �� 80.59(Compulsory Ship Inspection) and
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • with Section 310(d). 76. We note past suggestions that we adopt a notification procedure for certain pro forma transfers and assignments instead of requiring a Form 316 application process and prior Commission consent. Under such a streamlined procedure certain assignments and transfers, as listed above, could be carried out by Federal Communications Commission FCC 98-57 101 See 47 C.F.R. � 73.3615(f). 102 Memorandum Opinion and Order, Forbearance from Section 310(d) of the Communications Act Regarding Non-substantial Assignments of Wireless Licenses and Transfers of Control Involving Telecommunications Carriers, FCC 98-18, released February 4, 1998; Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, Sect. 10, codified at 47 U.S.C. � 160(a). 103 47 C.F.R. � 78.35(c). In adopting this rule,
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • 92. Background. Under the Commission's current rules, licensees of commercial AM, FM and television broadcast stations (with the exception of sole proprietorships and partnerships composed entirely of natural persons) are required to file an Ownership Report (FCC Form 323) once a year, on the anniversary of the date that their license renewal applications must be filed. See 47 C.F.R. � 73.3615. In the Notice, 13 FCC Rcd at 11379 (� 85), we proposed to reduce the frequency with which Ownership Reports must be filed. We also sought comment on whether noncommercial educational broadcast station licensees and permittees should be subject to the same ownership reporting requirements as commercial licensees. With minor modification, we determine to adopt our ownership reporting proposals.152 93.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.wp
  • those stations retain in their public files, a copy of their most recently filed complete ownership report (FCC Form 323-E) "together with any subsequent supplemental report or statement filed with the FCC certifying that the current report is accurate. . . ."91 We made this change to reflect the same requirement in the rule governing ownership reports, 47 CFR � 73.3615. Public Broadcasters request that we delete the requirement that noncommercial educational stations file certifications that the current ownership report is accurate. They claim these certifications are filed only by commercial licensees because noncommercial educational licensees file their ownership reports on a different schedule than commercial licensees.92 39. We will retain the rule as revised. In the Mass Media Streamlining Report
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.wp
  • the Ownership Report form, Form 323, to reflect the addition of the EDP rule, as well as the other attribution changes adopted in this Report and Order. We direct the Mass Media Bureau to make the necessary modifications to the form to reflect these changes. Further, the Mass Media Bureau is delegated authority to revise the Ownership Report rule, Section 73.3615, to reflect the addition of the EDP rule, as well as the other attribution changes adopted in this Report and Order. Thereafter, we will issue a public notice with the revised Ownership Report Form and Ownership Report rule to reflect and incorporate these changes. IV. Administrative Matters 175. Paperwork Reduction Act of 1995 Analysis. This R&O contains either new or
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.txt
  • In the Notice, we invited comment on whether LPFM stations of each class should be subject to the variety of other rules in Part 73 with which full power stations must comply, including, for example, the main studio rule (47 C.F.R. � 73.1125(a)), public file rule (47 C.F.R. �� 73.3526, 73.3527), and the periodic ownership reporting requirements (47 C.F.R. � 73.3615). Given the purposes and power levels of LP1000 stations, we tentatively concluded that LP1000 licensees should generally meet the Part 73 rules applicable to full power FM stations. However, the Notice sought comment on whether sufficient useful purpose would be served in applying each rule to these licensees. We were disinclined to apply these service rules to LP10 stations, and
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00338.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00338.txt
  • show who sent the document, who received it, and when it was received. The court viewed the missing information as integral parts of the agency record that the agency lacked discretion to ``lop off.'' 1 F.3d at 1286. See, e.g., Service v. Dulles, 354 U.S. 363, 388-89 (1957); Gardner v. FCC, 530 F.2d 1086, 1089-91 (D.C. Cir. 1976). See Section 73.3615(a) of the Commission's Rules; 1998 Biennial Regulatory Review - Streamlining Mass Media Applications, Rules and Processes, 13 FCC Rcd 23056, 23094 (1998). See Section 73.3615(c) of the Commission's Rules. See Sections 334 and 634(d)(3)(A) of the Communications Act, 47 U.S.C. � 334 and 554(d)(3)(A). Report and Order, 15 FCC Rcd at 2389. NAB Petition at 16 n.5. See id. See
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.txt
  • services on the TV vertical blanking interval and in the visual signal; time sales contracts with the same sponsor for 4 or more hours per day, except where the length of the events (such as athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators. Section 73.3615 is amended by revising the second sentence in paragraph (a)(3)(iii)(B) to read as follows: � 73.3615 Ownership reports. * * * * * (a) * * * (3) * * * (iv) * * * (B) * * * If X has a voting stockholder interest in the licensee, only those voting interests of X that are cognizable after application
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990714.html
  • 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 13, 1999.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070430.html
  • WSB-TV, Atlanta, Georgia for the admitted violations of Section 73.670 of the Commission's Rules described in WSB-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 04/26/2007 by NALF. (DA No. 07-1386). MB [119]DA-07-1386A1.doc [120]DA-07-1386A1.pdf [121]DA-07-1386A1.txt PACIFICA BROADCASTING COMPANY. Issued a $6,000 Notice of Apparent Liability for Forfeiture to Station KALO(TV), Honolulu, Hawaii for the admitted violations of Section 73.3615 of the Commission's Rules described in KALO(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 04/26/2007 by NAL. (DA No. 07-1752). MB [122]DA-07-1752A1.doc [123]DA-07-1752A1.pdf [124]DA-07-1752A1.txt ROCKY MOUNTAIN BROADCASTING COMPANY. Issued a $4,000 Notice of Apparent Liability for Forfeiture to Station KMTF(TV), Helena, Montana for the admitted violations of Section 73.3526 of the Commission's Rules described in KMTF(TV)'s renewal
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080722.html
  • Proposed substituting DTV Channel *23 for DTV Channel *11 for Station of WJSP-DT. (Dkt No. RM-11475, 08-149). Action by: Chief, Video Division, Media Bureau. Adopted: 07/17/2008 by NPRM. (DA No. 08-1703). MB [18]DA-08-1703A1.doc [19]DA-08-1703A1.pdf [20]DA-08-1703A1.txt HILL BROADCASTING COMPANY, INC. Issued a $6,000 Notice of Apparent Liability for Forfeiture to Station KTVG(TV), Grand Island, Nebraska for the admitted violations of Sections 73.3615 and 73.3526 of the Commission's Rules described in KTVG(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 07/16/2008 by NALF. (DA No. 08-1663). MB [21]DA-08-1663A1.doc [22]DA-08-1663A1.pdf [23]DA-08-1663A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED JULY 21, 2008, DID NOT APPEAR IN DIGEST NO. 140: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- FCC ANNOUNCES PUBLIC EN BANC
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080807.html
  • LLC for the admitted violations of Sections 73.3526 and 73.670 of the Commission's Rules described in WPFO(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-1860). MB [16]DA-08-1860A1.doc [17]DA-08-1860A1.pdf [18]DA-08-1860A1.txt LENFEST BROADCASTING, LLC. Issued a $6,000 Notice of Apparent Liability for Forfeiture to Station WMCN-TV, Atlantic City, New Jersey for the admitted violations of Section 73.3615 of the Commission's Rules described in WMCN-TV's renewal application. Action by: Chief, Video Division, Media Bureau. Adopted: 08/05/2008 by NALF. (DA No. 08-1728). MB [19]DA-08-1728A1.doc [20]DA-08-1728A1.pdf [21]DA-08-1728A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED AUGUST 6, 2008, DID NOT APPEAR IN DIGEST NO. 152: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 08/06/2008. COMMENT SOUGHT ON IDT CORPORATION
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100504.html
  • to change the city of license of Station KHNY(AM) from Big Horn, Wyoming, to Huntley, Montana. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 10-771). MB [23]DA-10-771A1.doc [24]DA-10-771A1.pdf [25]DA-10-771A1.txt HILL BROADCASTING COMPANY, INC. Issued a $6,000 Forfeiture Order to Hill Broadcasting Company, Inc., licensee of Station KTVG(TV), Grand Island, Nebraska for willful and repeated violations of Sections 73.3615 and 73.3526 of the Commission's Rules. Action by: Chief, Video Division, Media Bureau. Adopted: 05/03/2010 by Forfeiture Order. (DA No. 10-730). MB [26]DA-10-730A1.doc [27]DA-10-730A1.pdf [28]DA-10-730A1.txt LOUIS MARTINEZ FAMILY GROUP, LLC. Issued a $9,600 Forfeiture Order to Louis Martinez Family Group, LLC, licensee of Station KQUX-CA, Austin, Texas for willful and repeated violation of Section 73.3526(e)(11)(iii) of the Commission's Rules. Action
• http://www.fcc.gov/Forms/Form302-AM/302-amFill.pdf
  • has any cause or circumstance arisen since the grant of the underlying construction permit which would result in any statement or representation contained in the construction permit application to be now incorrect? If Yes, explain in an Exhibit. Exhibit No. 6. Has the permittee filed its Ownership Report (FCC Form 323) or ownership certification in accordance with 47 C.F.R. Section 73.3615(b)? Does not apply If No, explain in an Exhibit. Exhibit No. 7. Has an adverse finding been made or an adverse final action been taken by any court or administrative body with respect to the applicant or parties to the application in a civil or criminal proceeding, brought under the provisions of any law relating to the following: any felony;
• http://www.fcc.gov/Forms/Form303-S/303s.pdf
  • the matter is not an impediment to a grant of this application. Applicants for renewal of noncommercial stations should answer "not applicable." INSTRUCTIONS FOR SECTION III: AM and FM Licensees Only Item 1: Biennial Ownership Report. This question asks the renewal applicant to certify that it has filed with the Commission the biennial ownership reports required by 47 C.F.R. � 73.3615. Each licensee of a commercial AM or FM broadcast station shall file an Ownership Report on FCC Form 323 (commercial) on November 1, 2009, and every two years thereafter. See 47 C.F.R. � 73.3615(a). Each licensee of a noncommercial educational AM or FM broadcast station shall file an Ownership Report on FCC Form 323- E when filing the station's license
• http://www.fcc.gov/Forms/Form323-E/323e.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit All previous editions obsolete. FCC 323-E June 2002 Federal Communications Commission Approved by OMB Washington, D. C. 20554 3060-0084 FCC 323-E INSTRUCTIONS FOR OWNERSHIP REPORT GENERAL INSTRUCTIONS 1.This report is to be filed by non-commercial educational FM and Television broadcast stations as indicated below (see 47 C.F.R. Section 73.3615). (a)By licensees on the anniversary date of the station's renewal application filing date and every two years thereafter. If information submitted is equally applicable to each listed station, one annual report may be filed for all such stations; otherwise, a separate report shall be filed for each station on the appropriate filing date. If there has been no change since
• http://www.fcc.gov/Forms/Form323/323.pdf
  • Media Bureau. Thereafter, the Form shall be filed biennially by November 1, 2011, and every two years thereafter. Ownership Reports shall provide information accurate as of October 1 of the year in which the Report is filed, except that the Form filed by the initial filing date shall provide the information as of November 1, 2009. See 47 C.F.R. Section 73.3615(a); In re Promoting Diversification of Ownership in the Broadcasting Services, Report and Order and Fourth Further Notice of Proposed Rulemaking, FCC 09-33, 24 FCC Rcd 5896 (2009) and In re Promoting Diversification of Ownership in the Broadcasting Services, Memorandum Opinion and Order and Fifth Further Notice of Proposed Rulemaking, FCC 09-92 (rel. Oct. 16, 2009). Licensees must include all attributable
• http://www.fcc.gov/Speeches/Tristani/Statements/stgt818.html http://www.fcc.gov/Speeches/Tristani/Statements/stgt818.txt http://www.fcc.gov/Speeches/Tristani/Statements/stgt818.wp
  • "transmission" of video programming under Title VI). Indeed, the majority acknowledges (at para. 53) that it is the programmers using common carrier facilities that "generate and control" the signals from their headend to their subscribers. 21. ^21Under the Commission's rules, a "significant interest" is a cognizable interest for attributing interests in broadcast, cable and newspaper properties pursuant to Sections 73.3555, 73.3615, and 76.501. See 47 C.F.R. 76.5(bb). 22. ^22NCTA, 33 F.3d at 71. See also TBA v. Ohio Bell Telephone Company, FCC 97-64 (March 4, 1997) at 12 (common carrier that simply processes incoming transmissions and passes those signals on to their designated destinations does not control the transmitted signals). 23. ^23See S. Rep. 104-230, 104th Cong. 2d Sess. at 177
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-237786A1.html
  • Kansas ) ERRATUM Released: March 12, 2003 By the Enforcement Bureau, Kansas City Office: On March 11, 2003, the Commission's Kansas City Office released a Notice of Apparent Liability (``NAL'') to Community Broadcasting, Inc. This Erratum corrects a typographical error in the released NAL. 1. This Erratum amends the NAL, correcting paragraph 3 and footnote 2 by changing ``73.3516(a)'' to ``73.3615(a)'' in each instance it appears in the document. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director Kansas City Office Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237786A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237786A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-272115A1.html
  • to an output power of 3876 watts or 78% of the authorized power of 5000 watts. It is also noted that the licensee was notified of this same violation in an NOV dated July 11, 2006, when an inspection of the station on December 15, 2005 found the station operating at reduced power during the day. f. 47 C.F.R. S 73.3615(a): "[E]ach licensee of a commercial AM ... station shall file an Ownership Report on FCC Form 323 when filing the station's license renewal application and every two years thereafter on the anniversary of the date that its renewal application is required to be filed." Section 73.3526(e)(5) requires a copy of the most recent, complete ownership report to be maintained in
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-311710A1.html
  • related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the new report and any related materials shall be placed in the file. The permittee or licensee must retain in the public file either a copy of the contracts listed in such reports in accordance with S:73.3615(a)(4)(i), or an up-to-date list of such contracts. Licensees or permittees who choose to retain a list of contracts must provide a copy of any contracts to requesting parties within 7 days. ...(8) The public and broadcasting. At all times, a copy of the most recent version of the manual entitled "The Public and Broadcasting." At the time of inspection, agents
• http://www.fcc.gov/eb/Orders/2002/FCC-02-319A1.html
  • BE REVOKED. RMI shall appear before an Administrative Law Judge at a time and place to be specified in a subsequent Administrative Law Judge order and give evidence upon the following issues: (a) To determine the facts and circumstances surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry;22 (b) To determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether its
• http://www.fcc.gov/eb/Orders/2003/DA-03-3513A1.html
  • 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 circumstances surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry; and (b) to determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether
• http://www.fcc.gov/eb/Orders/2005/DA-05-603A1.html
  • 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 facts before
• http://www.fcc.gov/eb/Orders/2005/DA-05-603A2.html
  • together, will constitute a legally binding and enforceable instrument whether executed by telecopy or by original signatures. ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION ________________________________ _______________ David H. Solomon, Chief Date COMMUNICATIONS COUNSEL GROUP, INC. ___________________________________ _______________ Nieves Gonzalez-Abreu, President Date Table I Violations Failure to provide truthful 47 C.F.R. 73.1015 written statements to Commission inquiries Failure to accurately and 47 C.F.R. 73.3615 timely complete ownership reports Unauthorized transfer of 47 U.S.C. 310(d); 47 control C.F.R. 73.3540 Failure to make public 47 C.F.R. 73.3526 inspection file available upon request Table II Payment Schedule April 1, 2005 $5,000 May 1, 2005 $2,500 June 1, 2005 $2,500 July 1, 2005 $2,500 August 1, 2005 $2,500 September 1, 2005 $2,500 October 1, 2005 $2,500 November 1,
• http://www.fcc.gov/eb/Orders/2007/DA-07-3641A1.html
  • Kansas City Office issued to 127 another Notice of Apparent Liability for Forfeiture proposing a forfeiture in the amount of $8,000 for the apparent willful and repeated violation of Section 73.1745(a) of the Rules. 3. On March 21, 2007, the Kansas City Office issued to 127 a Notice of Violation for violations of Sections 11.35(a), 73.1125(d)(1), 73.1201(a)(2), 73.44(b), 73.1560, and 73.3615(a) of the Rules. 4. 127 and the Bureau acknowledge that any proceeding that might result from the Investigation will require the significant expenditure of public and private resources. To conserve such resources and to promote compliance by 127 with the Act and the Rules, 127 and the Bureau hereby enter into this Consent Decree in consideration of the mutual commitments
• http://www.fcc.gov/eb/Orders/2010/DA-10-586A1.html
  • U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f). See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 P: 4 (2002) (forfeiture paid). See 47 C.F.R. S: 73.3526(c)(1), (e)(5). See 47 C.F.R. S: 73.3526 (requiring licensees of commercial broadcast stations to maintain public inspection files with specific contents, including ownership reports and related materials). See 47 C.F.R. S:S: 73.3613(b), 73.3615(a)(4)(i), 73.3526(e)(5); Review of the Commission's Rules Regarding the Main Studio and Local Public Inspection Files of Broadcast Television and Radio Stations, Report and Order, 13 FCC Rcd 15691, 15713 P: 50 (1998) ("Main Studio and Local Public Inspection Files Report and Order"), stayed, Order, 13 FCC Rcd 18174 (1998), affirmed in pertinent part, 14 FCC Rcd 11113 (1999). See 47
• http://www.fcc.gov/eb/Orders/2011/DA-11-242A1.html
  • 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 terms of the
• http://www.fcc.gov/eb/Orders/da001575.doc http://www.fcc.gov/eb/Orders/da001575.txt
  • 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 inquiry letter dated September 23, 1999, we commenced an investigation into allegations that Hackler, licensee of commercial radio Station KSRW(FM), Childress, TX,
• http://www.fcc.gov/eb/Public_Notices/da001311.doc http://www.fcc.gov/eb/Public_Notices/da001311.html
  • for violation of 47 C.F.R. � 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Denver, CO Office (5/2/00). Ubik Corporation. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inpection File), and 73.3615 (Ownership Reports). Anchorage, AK Office (5/25/00). 47 C.F.R. � 1.89 (Notice of Violation) George McClellan, Suffolk, VA. Failure to respond to previous NOV regarding violation of 47 C.F.R. � 17.4 (Antenna Structure Registration). Norfolk, VA Office (5/19/00). Crystal Dawn, Inc., Manteo, NC. Failure to file complete response to previous NOV regarding violation of 47 C.F.R. �� 80.59(Compulsory Ship Inspection) and
• http://www.fcc.gov/fcc-bin/audio/DA-08-16A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-16A1.pdf
  • 73.3540 (f)(3)of the Commission's rules in that it was, in effect, a transfer that required prior Commission approval, and as a direct consequence, the March 30, 2006, ownership report is ``in conflict with the facts.'' In this regard, Roach asserts that the Licensee's parent company willfully and knowingly filed untruthful information with the Commission in violation of Sections 73.1015 and 73.3615 (a)(2)(i) of the Rules. In Opposition, the Licensees state that any transfer of Roach's 18.9 percent equity interest in Route 81 did not require the filing of any Commission form because it did not occasion any ``transfer of control'' of Route 81. Moreover, the Licensees contend that Roach exercised a ``put'' option to sell his equity interest in Route 81
• http://www.fcc.gov/fcc-bin/audio/DA-08-556A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-556A1.pdf
  • the ownership interests of TIU and EFCA. Neither Section 73.3580 of the Rules nor Form 314 indicates that a public notice must contain this information. As such, we find that Trinity complied with the notice requirements under the Rules. Trinity's Ownership Structure. Petitioners claim that Trinity has not fully disclosed its ownership structure to the Commission, as required by Section 73.3615(d) of the Rules. As such, it asserts that the Commission cannot make a statutory finding under the Act that Trinity is qualified to assign the Station to APMG. Specifically, Petitioners claim that the three ownership reports filed by Trinity fail to provide full information with respect to Trinity's parent organizations, and instead merely include a statement to the effect that
• http://www.fcc.gov/fcc-bin/audio/DA-08-789A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-789A1.pdf
  • Light'' status as determined by the Commission's Office of the Managing Director. The Licensee did not indicate why it continued the unauthorized operation of the Station from June 2006 to September 2007, although it did say that it recently engaged counsel to help resolve these matters and had taken steps to ensure that its ``oversights'' did not recur. Additionally, Section 73.3615 requires broadcast licensees to file a Biennial Ownership Report when filing the station's application for renewal of license and every two years thereafter on the anniversary of the date its renewal application is due to be filed. Section 73.3526 of the Rules requires a commercial broadcast licensee to maintain a public inspection file containing specific types of information related to
• http://www.fcc.gov/fcc-bin/audio/DA-09-1372A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1372A1.pdf
  • WQLO(FM) construction permit, to SAID, as proposed in applications filed with the Commission in 2008. See Broadcast Applications, Public Notice, Report No. 26766 at 1-2 (June 26, 2008), and Broadcast Applications, Public Notice, Report No. 26803 at 1 (Aug. 19, 2008). Although SAID has never filed any of its required ownership reports with the Commission pursuant to 47 C.F.R. � 73.3615(e)(1), SAID's applications and records of the Michigan Department of Labor and Economic Growth show that Mr. Schaberg is one of two directors of this foundation. See, e.g., Application on FCC Form 340 (file no. BNPED-20071017AJB). Affidavit of David C. Schaberg, dated Sep. 2, 2008, at 2. However, the Supplement to Response contains a different, unsigned version of this affidavit. That
• http://www.fcc.gov/fcc-bin/audio/DA-11-1351A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1351A1.pdf
  • times. Licensee indicated ``No'' to that Item, explaining in an exhibit to the application that quarterly issues/programs lists for 1996, the first quarter of 1997, and the second quarter of 1998 through the second quarter of 1999, were not in the public inspection file. Additionally, Licensee admits that it had failed to file its Biennial Ownership reports required by Section 73.3615. On June 25, 2004, the Media Bureau (``Bureau'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of nine thousand dollars ($9,000) to Licensee for this violation. Licensee filed a ``Request for Cancellation or Reduction of Forfeiture'' (``Request'') on July 27, 2004. In its Request, Licensee argues that a reduction or cancellation of the forfeiture is warranted
• http://www.fcc.gov/fcc-bin/audio/DA-11-283A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-283A1.pdf
  • deadline for license renewal applications; Section 301 of the Communications Act of 1934, as amended (\'93Act),}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s20\qj \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs22\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 U.S.C. \'a7 301.}}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 which requires a valid aut horization from the Commission to operate a broadcast station; and Section 73.3615 of the Rules, which mandates the filing of ownership reports.}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s20\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs22\super \chftn }{ \rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 73.3615(d).}}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \par }\pard \ltrpar\ql \li0\ri0\widctlpar\tx720\tx4680\wrapdefault\aspalpha\aspnum\faauto\adjus tright\rin0\lin0\itap0 {\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \par }\pard\plain \ltrpar\s23\ql \li0\ri0\sa220\nowidctlpar\tx720\tx1440\wrapdefault\aspalpha\aspnum\faau to\adjustright\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs22\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0
• http://www.fcc.gov/fcc-bin/audio/DOC-210223A1.doc http://www.fcc.gov/fcc-bin/audio/DOC-210223A1.pdf http://www.fcc.gov/fcc-bin/audio/DOC-210223A1.txt
  • Regulations and Policies Affecting Investment In the Broadcast Industry Reexamination of the Commission's Cross-Interest Policy ) ) ) ) ) ) ) ) ) ) ) ) ) MM Docket No. 94-150 MM Docket No. 92-51 MM Docket No. 87-154 Released: February 15, 2001 By the Chief, Mass Media Bureau: This Erratum corrects a typographical error in amended rule section 73.3615 set forth in Appendix B of Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, MM Docket No. 94-150, FCC 00-438, Memorandum Opinion and Order on Reconsideration released January 19, 2001. The rule change amends Section 73.3615(a)(3)(iv)(B), not Section 73.3615(a)(3)(iii)(B). The Memorandum Opinion and Order on Reconsideration was published in the Federal Register on February 13, 2001,
• http://www.fcc.gov/fcc-bin/audio/FCC-00-438A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-00-438A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-00-438A1.txt
  • services on the TV vertical blanking interval and in the visual signal; time sales contracts with the same sponsor for 4 or more hours per day, except where the length of the events (such as athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators. Section 73.3615 is amended by revising the second sentence in paragraph (a)(3)(iii)(B) to read as follows: � 73.3615 Ownership reports. * * * * * (a) * * * (3) * * * (iv) * * * (B) * * * If X has a voting stockholder interest in the licensee, only those voting interests of X that are cognizable after application
• 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
  • whether they should take the risk that the Commission may later unwind a transaction that has been consummated prior to FCC consent. We note that this proposal would apply only to narrow categories of pro forma transfers and assignments, as specified above, where Commission consent is virtually always received. We invite comment on all aspects of this proposal. Background. Section 73.3615 of the Commission's rules requires that, with the exception of sole proprietorships and partnerships composed entirely of natural persons, licensees of commercial AM, FM and TV broadcast stations file an Ownership Report on FCC Form 323 once a year, on the anniversary of the date that their license renewal applications must be filed. A licensee owning more than one station
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • [690]TEXT [691]PDF 73.3597 Procedures on transfer and assignment applications. [692]TEXT [693]PDF 73.3598 Period of construction. [694]TEXT [695]PDF 73.3601 Simultaneous modification and renewal of license. [696]TEXT [697]PDF 73.3603 Special waiver procedure relative to applications. [698]TEXT [699]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [700]TEXT [701]PDF 73.3612 Annual employment report. [702]TEXT [703]PDF 73.3613 Filing of contracts. [704]TEXT [705]PDF 73.3615 Ownership reports. [706]TEXT [707]PDF 73.3617 Information available on the Internet. [708]TEXT [709]PDF 73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent material). [710]TEXT [711]PDF 73.4000 Listing of FCC policies. [712]TEXT [713]PDF 73.4005 Advertising--refusal to sell. [714]TEXT [715]PDF 73.4015 Applications for AM and FM construction permits, incomplete or defective. [716]TEXT [717]PDF 73.4017 Application processing: Commercial FM
• http://www.fcc.gov/mb/audio/bickel/initialCP.html
  • filing fee. This may be done electronically using the "Form 159" button in the Call Sign Reservation and Authorization System. [10][ Return to Table of Contents ] * Ownership Report (FCC Form 323 or Form 323-E) -- A new permittee must electronically submit an ownership report to the Commission within 30 days of the date of grant. See [11]47 CFR 73.3615(b) of the Commission's Rules. Noncommercial educational AM and FM permittees must use FCC Form 323-E for the ownership report. In the event that the permittee is already the licensee or permittee of another broadcast station, has on file a current ownership report, and no changes to the information required by 47 CFR 73.3615(a) are necessary, then the permittee need not
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [643]TEXT [644]PDF 73.3597 Procedures on transfer and assignment applications. [645]TEXT [646]PDF 73.3598 Period of construction. [647]TEXT [648]PDF 73.3601 Simultaneous modification and renewal of license. [649]TEXT [650]PDF 73.3603 Special waiver procedure relative to applications. [651]TEXT [652]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [653]TEXT [654]PDF 73.3612 Annual employment report. [655]TEXT [656]PDF 73.3613 Filing of contracts. [657]TEXT [658]PDF 73.3615 Ownership reports. [659]TEXT [660]PDF 73.3617 Information available on the Internet. [661]TEXT [662]PDF 73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent material). [663]TEXT [664]PDF 73.4000 Listing of FCC policies. [665]TEXT [666]PDF 73.4005 Advertising--refusal to sell. [667]TEXT [668]PDF 73.4015 Applications for AM and FM construction permits, incomplete or defective. [669]TEXT [670]PDF 73.4017 Application processing: Commercial FM
• http://www.fcc.gov/mb/engineering/2008_Fees_Guide.pdf
  • for filing the rulemaking fee and the requisite minor change or license application is Federal Communications Commission, Mass Media Services, P.O. Box 979089, St. Louis, MO 63197-9000. 6 Every two years on the anniversary of its station's renewal application filing date, commercial radio and television broadcast station licensees are generally required to submit an ownership report in accordance with Section 73.3615 of the Rules. The ownership report is the FCC Form 323, or the aggregate Form 323s as the case may be, that is submitted on behalf of the individual AM, FM, or TV broadcast station. When the licensee, however, is a partnership that is composed entirely of natural persons or a sole proprietorship (i.e., the station is licensed to an
• http://www.fcc.gov/mb/engineering/76print.html
  • When used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. (aa) Person. An individual, partnership, association, joint stock company, trust, corporation, or governmental entity. (bb) Significant interest. A cognizable interest for attributing interests in broadcast, cable, and newspaper properties pursuant to 73.3555, 73.3615, and 76.501. (cc) Cable system operator. Any person or group of persons (1) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or (2) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. (dd) System
• http://www.fcc.gov/mb/engineering/part76.pdf
  • When used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. (aa) Person. An individual, partnership, association, joint stock company, trust, corporation, or governmental entity. (bb) Significant interest. A cognizable interest for attributing interests in broadcast, cable, and newspaper properties pursuant to ��73.3555, 73.3615, and 76.501. (cc) Cable system operator. Any person or group of persons (1) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or Page 10of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... (2) who otherwise controls or is responsible for, through any arrangement, the
• http://www.fcc.gov/omd/privacyact/documents/records/FCC_MB-1.pdf
  • Bureau (MB), Federal Communications Commission (FCC), 445 12th Street, SW., Washington, DC 20554. CATEGORIESOFINDIVIDUALSCOVEREDBYTHE SYSTEM : (1) Licensees, permittees, and respondents, and other individuals or entities with interests therein that are required to be reported on the Form 323 (as described below) who must either file FCC Form 323 or have their interests reported on Form 323 under 47 CFR 73.3615, 73.6026, and 74.797; (2) Contact individuals, e.g., representatives, relating to commercial AM, FM, and TV broadcast stations, and/or newspapers that are subject to the Commission's media ownership rules, as required under 47 CFR 73.3555, etc.; (3) Individuals with ownership or attributable interests in media companies subject to the Commission's ownership rules or otherwise required to be reported on FCC Form