FCC Web Documents citing 11.35

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

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  • we dismiss the Petition for Reconsideration filed by Jerry Russell dba The Russell Company, licensee of AM Broadcast Radio station KWRD, in Henderson, Texas. Mr. Russell seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found him liable for a monetary forfeiture in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Mr. Russell's failure to ensure the operational readiness of station KWRD's Emergency Alert System (``EAS''). For the reasons provided below, we dismiss Mr. Russell's petition for reconsideration as untimely. BACKGROUND On June 7, 2006, an agent from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') conducted an inspection at
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  • FRN: 0009062464 FORFEITURE ORDER Adopted: May 22, 2007 Released: May 24, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two hundred and fifty dollars ($250) to Gla-Mar Broadcasting, LLC, (``Gla-Mar''), licensee of station KBZB-FM, in Pioche, Nevada, for willfully and repeatedly violating Section 11.35(a) of the Commission's Rules (``Rules''). On September 29, 2006, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Gla-Mar for failing to ensure the operational readiness of the KBZB-FM Emergency Alert System (``EAS'') equipment. In this Order, we consider Gla-Mar's arguments that it was in the process of
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  • Assistant Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration (``petition'') filed by Playa del Sol Broadcasters (``Playa del Sol''). Playa del Sol seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau, found it liable for a monetary forfeiture in the amount of $12,000 for violation of Sections 11.35, 11.61, and 73.1125 of the Commission's Rules (``Rules''). The noted violations involve Playa del Sol's failure to ensure that required Emergency Alert System (``EAS'') equipment was operational, failure to conduct required tests of Station KRCK-FM's EAS equipment and failure to maintain a main studio. In its petition, Playa del Sol does not dispute the violations but instead seeks rescission or
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  • grant in part and deny in part the Petition for Reconsideration filed by Blountstown Communications, Inc. (``Blountstown''), licensee of Stations WYBT (AM) and WPHK (FM), Blountstown, Florida. Blountstown seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000), for willful violations of Sections 11.35, 73.49, and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations involve Blountstown's failure to ensure operational Emergency Alert System (``EAS'') equipment, failure to enclose the AM station's antenna tower within an effective locked fence, and failure to make available a complete public file. For the reasons discussed below, we reduce the forfeiture amount from $25,000 to $12,480. II. BACKGROUND
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  • this Memorandum Opinion and Order ("Order") we deny the petition for reconsideration filed by Rama Communications, Inc. (``Rama''), licensee of Station WLAA(AM), Winter Garden, Florida. Rama seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found Rama liable for a monetary forfeiture in the amount of eighteen thousand dollars ($18,000), for willful and repeated violations of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to ensure operational Emergency Alert System (``EAS'') equipment, and its failure to make available a complete public file. We reject Rama's arguments and therefore affirm the assessment of a forfeiture of $18,000. II. BACKGROUND On March 5, 2004, the Commission's Tampa, Florida Field Office (``Tampa Office'') issued
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  • By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Broadcast House of the Pacific, Inc. (``BHP''), licensee of AM Station KNDI, Honolulu, Hawaii. The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (``NAL'') by the Bureau concerning BHP's apparent violation of Section 11.35(a) of the Commission's Rules, in connection with the operational readiness of the KNDI Emergency Alert System (``EAS'') equipment. The Bureau and BHP 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 find that the public
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  • power cord for a portable radio that provided the audio source for channel one of the EAS equipment was found unplugged inside the rack, which resulted in no reception of the channel one monitoring source. On August 9, 2006, the Honolulu Office issued a Notice of Apparent Liability to BHP in the amount of $8,000 for apparent violations of Section 11.35(a) for failing to ensure the operational readiness of KNDI's EAS equipment. IV. AGREEMENT BHP agrees that the Bureau, by delegated authority of the Commission, has jurisdiction over the matters contained in this Consent Decree, and the authority to enter into and adopt this Consent Decree. BHP and the Bureau agree to be legally bound by the terms and conditions of
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  • ORDER Adopted: June 13, 2007 Released: June 15, 2007 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to L4 Media Group, LLC (``L4 Media''), licensee of low power television station WUVM-LP, in Atlanta, Georgia, for willful and repeated violation of Section 11.35 of the Commission's Rules (``Rules''). The noted violations involve L4 Media's failure to install an Emergency Alert System (``EAS'') decoder. 2. On April 25, 2007, the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to L4 Media. L4 Media has not filed a response to
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  • 8733727 FORFEITURE ORDER Adopted: July 30, 2007 Released: August 1, 2007 By the Regional Director, South Central Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to Ora Roberts Smallwood, III, the licensee of AM radio station WCRR in Rural Retreat, Virginia, for willful violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Mr. Smallwood's failure to maintain operational receiving equipment for required Emergency Alert System (``EAS'') monitoring functions and failure to make available a complete public inspection file. background On June 22, 2006, an agent from the Commission's Norfolk Office of the Enforcement Bureau (``Norfolk Office'') conducted a main studio inspection
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  • Forfeiture Order. On March 7, 2007, the Kansas City Office issued to 127 another Notice of Apparent Liability for Forfeiture proposing a forfeiture in the amount of $8,000 for the apparent willful and repeated violation of Section 73.1745(a) of the Rules. On March 21, 2007, the Kansas City Office issued to 127 a Notice of Violation for violations of Sections 11.35(a), 73.1125(d)(1), 73.1201(a)(2), 73.44(b), 73.1560, and 73.3615(a) of the Rules. 127 and the Bureau acknowledge that any proceeding that might result from the Investigation will require the significant expenditure of public and private resources. To conserve such resources and to promote compliance by 127 with the Act and the Rules, 127 and the Bureau hereby enter into this Consent Decree in
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  • Released: September 7, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand, four hundred dollars ($6,400) to One Mart Corporation (``One Mart ''), former licensee of AM Broadcast Radio station KEVT in Cortaro, Arizona, for apparent willful and repeated violation of Section 11.35 of the Commission's Rules (``Rules''). On December 28, 2006, the Enforcement Bureau's San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to One Mart for failing to ensure the operational readiness of KEVT's Emergency Alert System (``EAS'') equipment. In this Order we consider One Mart's request that we reduce the forfeiture amount
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  • September 10, 2007 Released: September 12, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand, four hundred dollars ($6,400) to Three Angels Broadcasting Network, Inc. (``3ABN''), licensee of Class A television station K43FO, in Las Vegas, Nevada, for repeated violation of Section 11.35(a) of the Commission's Rules ("Rules") by failing to ensure the operational readiness of K43FO's Emergency Alert System (``EAS'') equipment. On January 31, 2007, the Enforcement Bureau's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to 3ABN for failing to ensure the operational readiness of K43FO's Emergency Alert System (``EAS'') equipment. In
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  • Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed by Delta Radio Greenville, LLC (``Delta''), licensee of radio station WROX(AM), Clarksdale, Mississippi, of the Forfeiture Order issued October 1, 2004. The Forfeiture Order imposed a monetary forfeiture in the amount of $12,000 on Delta for the willful and repeated violation of Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules''). The noted violations involved Delta's failure to maintain operational Emergency Alert System (``EAS'') equipment and its failure to enclose an antenna tower with radio frequency potential at the base within an effective locked fence. II. BACKGROUND On May 12, 2004, an agent of the Commission's New Orleans Field Office of the Enforcement Bureau
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  • FORFEITURE ORDER Adopted: September 25, 2007 Released: September 27, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand, four hundred dollars ($6,400) to Chula Vista Cable, Ltd. (``CVC''), owner of a cable system serving Chula Vista, California, for repeated violation of Section 11.35 of the Commission's Rules (``Rules''). On March 21, 2007, the Enforcement Bureau's San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to CVC for failing to ensure the operational readiness of the Emergency Alert System (``EAS'') equipment in its Chula Vista, California cable system. In this Order we consider CVC's request that
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  • 200732940001 FRN: 0004979126 FORFEITURE ORDER Adopted: January 31, 2007 Released: February 2, 2007 By the Regional Director, Western Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Eagle West Communications, Inc. (``Eagle West''), owner of a cable system serving Mesa, Arizona, for willfully and repeatedly violating Section 11.35 of the Commission's Rules (``Rules''). The noted violation involves failing to ensure the operational readiness of the Emergency Alert System (``EAS'') equipment in the Eagle West cable system in Mesa, Arizona. 2. On November 8, 2006, the District Director of the Enforcement Bureau's San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000
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  • as amended (``Act''), and Section 1.106 of the Commission's rules, we deny a Petition for Reconsideration (``Petition'') filed on March 5, 2007, by Eagle West Communications, Inc. (``Eagle West''), of a Forfeiture Order, issued by the Western Region, Enforcement Bureau (``Region''), imposing an eight thousand dollar ($8,000) monetary forfeiture penalty against Eagle West for willful and repeated violation of Section 11.35 of the Commission's Rules (``Rules''). The noted violation involves failing to ensure the operational readiness of the Emergency Alert System (``EAS'') equipment in the Eagle West cable system in Mesa, Arizona. For the reasons discussed below, we deny the Petition. II. BACKGROUND On May 16, 2005, an agent of the Enforcement Bureau's San Diego Office attempted to inspect the operational
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  • 3, 2007 Released: January 5, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Jerry Russell dba The Russell Company (``Russell''), licensee of AM Broadcast Radio station KWRD, in Henderson, Texas for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Russell's failure to ensure the operational readiness of station KWRD's Emergency Alert System (``EAS''). II. BACKGROUND On June 7, 2006, an agent from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') conducted an inspection at the main studio of station KWRD located in Henderson, Texas. No employees of Russell
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  • 0005008016 FORFEITURE ORDER Adopted: February 28, 2007 Released: March 2, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to Rama Communications, Inc. (``Rama''), licensee of station WTIR, in Cocoa Beach, Florida, for willful and repeated violation of Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to maintain operational Emergency Alert System (``EAS'') equipment and failure to maintain effective locked fences or enclosures around the bases of its antenna structures. II. BACKGROUND In response to two complaints received in November 2005, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'')
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  • 405 of the Communications Act of 1934, as amended (``Act''), and Section 1.106 of the Commission's Rules (``Rules''), we deny a Petition for Reconsideration (``Petition'') filed on July 31, 2006, by Farmworkers Educational Radio Network, Inc. (``Farmworkers''), licensee of KCEC-FM, of a Forfeiture Order imposing an eight thousand dollar ($8,000) monetary forfeiture penalty against Farmworkers for repeated violation of Section 11.35 of the Rules. The noted violation involves Farmworkers' failure to ensure the operational readiness of KCEC-FM's emergency alert system (``EAS'') equipment. For the reasons discussed below, we affirm the Forfeiture Order. II. BACKGROUND On April 8, 2005, an agent from the Commission's San Diego Office conducted an inspection at the main studio of KCEC-FM located at 670 E. 32nd Street,
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  • FORFEITURE ORDER Adopted: March 2, 2007 Released: March 8, 2007 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand six hundred dollars ($9,600) to Frank R. Truatt (``Truatt''), the licensee of AM station WTBQ in Warwick, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1590(a)(6), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain fully operational Emergency Alert System (``EAS'') equipment, failing to conduct the annual transmitter equipment performance measurements, and failing to maintain a radio issues/programs list in the station's public inspection file. BACKGROUND On September 15, 2005, an agent from the Commission's New York Office conducted an inspection with Truatt
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  • FRN: 0003752904 FORFEITURE ORDER Adopted: June 11, 2008 Released: June 13, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Omni Communications, Inc. (``Omni''), licensee of station KWOX, in Woodward, Oklahoma, for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Omni's failure to ensure that Emergency Alert System (``EAS'') equipment was installed so that the monitoring and transmitting functions were available during the times the station was in operation. II. BACKGROUND On May 2, 2007, an agent from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') inspected the main
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  • 0003752946 FORFEITURE ORDER Adopted: June 11, 2008 Released: June 13, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to FM 92 Broadcasters, Inc. (``Broadcasters''), licensee of station KMZE, in Woodward, Oklahoma, for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Broadcasters' failure to install the required Emergency Alert System (``EAS'') equipment. II. BACKGROUND On May 2, 2007, an agent from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') inspected the main studio for station KMZE in Woodward, Oklahoma. The agent found that Station KMZE was sharing an EAS unit
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  • a Petition for Reconsideration (``Petition'') filed on October 9, 2007, by One Mart Corporation (``One Mart''), former licensee of AM Broadcast Radio station KEVT in Cortaro, Arizona, of a Forfeiture Order issued by the Western Region (``Region'') of the Enforcement Bureau, imposing a six thousand, four hundred dollars ($6,400) forfeiture against One Mart, for willful and repeated violation of Section 11.35 of the Commission's Rules (``Rules''). The noted violation concerned One Mart's failure to ensure the operational readiness of KEVT's Emergency Alert System (``EAS'') equipment. For the reasons discussed below, we deny One Mart's Petition and affirm the forfeiture. II. BACKGROUND On August 17, 2006, an agent from the Enforcement Bureau's San Diego Office conducted an inspection at the main studio
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  • 200532940003 FRN: 0010057685 Adopted: June 20, 2008 Released: June 24, 2008 By the Associate Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Farmworker Educational Radio Network, Inc., (``Farmworker''), licensee of station KCEC-FM, Wellton, Arizona. The Consent Decree terminates an enforcement proceeding relating to whether Farmworker violated Section 11.35 of the Commission's Rules (``Rules'') by failing to ensure the operational readiness of the KCEC-FM Emergency Alert System (``EAS'') equipment. The Bureau and Farmworker 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 find that
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  • text/plain Content-Transfer-Encoding: 8bit D CONSENT DECREE INTRODUCTION The Enforcement Bureau (``the Bureau'') of the Federal Communications Commission (the ``FCC'' or ``Commission'') and Farmworker Educational Radio Network, Inc. (``Farmworker''), licensee of radio station KCEC-FM, in Wellton, Arizona, by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating an enforcement proceeding relating to whether Farmworker violated Section 11.35 of the Commission's Rules (``Rules'') by failing to ensure the operational readiness of the KCEC-FM's Emergency Alert System (``EAS'') equipment. DEFINITIONS For purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, Title 47 of the United States Code. ``Adopting Order'' means an order of the Bureau adopting the terms and
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  • FRN: 0005003199 FORFEITURE ORDER Adopted: June 27, 2008 Released: July 1, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to D-Mitch Broadcasting, Inc. (``D-Mitch''), licensee of station WBSC (AM), in Bennettsville, South Carolina for willful and repeated violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve D-Mitch's failure to maintain operational Emergency Alert System (``EAS'') equipment and failure to maintain and make available a complete public inspection file. 2. On May 2, 2008, the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount
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  • because it had no gross revenues for the three calendar years prior to the NAL, and supplies financial data to support that claim. To assess A-O's inability to pay argument, we must consider a related proceeding, where, on December 29, 2003, the Commission assessed a $25,000 forfeiture against A-O for operating KTMN in willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Rules. In the 2003 Forfeiture Order, the Commission took into account an argument from A-O concerning its inability to pay the forfeiture amount as A-O submitted documentation stating that it had no revenues. Generally, when analyzing a financial hardship claim, the Commission has looked to gross revenues as a reasonable and appropriate yardstick in determining
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  • Adopted: January 28, 2008 Released: January 30, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to First Baptist Church, Inc. (``First Baptist''), licensee of non-commercial FM station WAKJ, DeFuniak Springs, FL, for willful and repeated violation of Sections 11.35(a) and 73.1125(a) of the Commission's Rules (``Rules''). The noted violations involve First Baptist's failure to install the required Emergency Alert System (``EAS'') equipment and failure to maintain full-time managerial and staff personnel at the main studio during normal business hours. II. BACKGROUND On August 9, 2006, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') were unable
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  • 200832700017 FRN: 000-50080-16 00-50080-16 FORFEITURE ORDER Adopted: October 15, 2008 Released: October 17, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of sixteen thousand dollars ($16,000) to Rama Communications, Inc. (``Rama''), licensee of station WLAA, in Ocoee, Florida, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to maintain an operational Emergency Alert System (``EAS'') and failure to maintain and make available complete public inspection files. 2. On August 4, 2008, the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of
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  • ORDER Adopted: October 24, 2008 Released: October 28, 2008 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800) to Viva Communications Group, LLC (``Viva''), licensee of AM radio station WSDE, Cobleskill, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to sign off at local sunset time, failing to maintain daytime operating power at more than 90% of the authorized power, and failing to maintain a complete public inspection file. On December 20, 2007, the Buffalo Field Office issued a
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  • Adopted: November 5, 2008 Released: November 7, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) to Star Power Communications Corporation (``Star Power''), licensee of station WIQR(AM), in Prattville, Alabama, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Star Power's failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain and make available a complete public inspection file. We also admonish Star Power for its repeated violation of Section 73.1350(a) of the Rules. II. BACKGROUND On August 30, 2007, agents of the Commission's Atlanta
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2503A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2503A1.pdf
  • same condition as on February 26, 2008. The agents also observed that the perimeter property fence gate still remained open and lying on the ground. On September 24, 2008, the Tampa Office issued a Notice of Apparent Liability for Forfeiture to Black Crow in the amount of twenty-three thousand dollars ($23,000) for the apparent willful and repeated violation of Sections 11.35(a), 73.44(b), 73.49 and 73.3526 of the Rules. In response to the NAL, Black Crow admitted that it violated Sections 11.35(a) and 73.3526 of the Rules and submitted a payment in the amount of $12,000 for those violations. Black Crow, however, requested cancellation or reduction of the remaining $11,000 proposed forfeiture. DISCUSSION The proposed forfeiture amount in this case was assessed
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-25A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-25A1.pdf
  • ORDER Adopted: January 7, 2008 Released: January 9, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) to West Helena Broadcasters, Inc. (``Broadcasters, Inc.''), licensee of station KCLT-FM, in West Helena, Arkansas, for willful and repeated violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Broadcasters, Inc.'s failure to have an operational Emergency Alert System (``EAS'') and failure to maintain and make available a complete public inspection file. II. BACKGROUND On August 22, 2007, in response to a complaint, an agent from the Commission's New Orleans Office of the Enforcement Bureau (``New Orleans Office'')
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-505A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-505A1.pdf
  • 200732700007 FRN: 0010330488 FORFEITURE ORDER Adopted: March 5, 2008 Released: March 7, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand four hundred dollars ($6,400) to Hispanic-Multicultural Broadcasting Association (``Hispanic''), licensee of station WJRN-LP, Summerfield, Florida, for repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violations involve Hispanic's failure to install an Emergency Alert System (``EAS'') decoder. II. BACKGROUND On August 30, 2006, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') conducted an inspection of station WJRN-LP at its main studio in Summerfield, Florida. The agents found the station had not installed an EAS
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-742A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-742A1.pdf
  • FRN: 0013304258 ORDER Adopted: March 27, 2008 Released: March 31, 2008 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Order (``Order''), we cancel a proposed monetary forfeiture to Action Radio, LLC (``Action Radio''), former licensee of broadcast stations KZZR(AM) and KQHC-FM, in Burns, Oregon, and admonish Action Radio for its willful and repeated violation of Section 11.35(a) of the Rules. On August 14, 2007, the Enforcement Bureau's Portland Resident Agent Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Action Radio for willful and repeated violation of Section 11.35(a) of the Commission's Rules ("Rules") by failing to ensure the operational readiness of the KZZR(AM) and KQHC-FM Emergency Alert System (``EAS'')
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1370A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1370A1.pdf
  • specified that there be a determination as to whether a forfeiture should be imposed against Mr. Hammond with respect to the apparent willful and/or repeated violations of Section 73.1015 of the Commission's rules, in an amount not to exceed $325,000; Sections 73.1350(a), 73.1560(b) and (d), and 73.1745(a) of the Commission's rules, in an amount not to exceed $325,000; and Section 11.35(a) of the Commission's rules, in an amount not to exceed $325,000; for any such violations that occurred or continued within the applicable statute of limitations. Pursuant to Section 1.91(c) and Section 1.221(c) of the Commission's rules, the Hearing Designation Order ordered Mr. Hammond, to file a written notice of appearance stating that he would appear on the specified hearing date
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1552A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1552A1.pdf
  • FRN 0012490520 FORFEITURE ORDER Adopted: July 29, 2009 Released: July 31, 2009 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand two hundred dollars ($1,200) to Jackson Radio, LLC (``Jackson''), licensee of station WJFN-AM, in Brandon, Mississippi, for willful violation of Section 11.35 of the Commission's Rules (``Rules''), and repeated violation of Section 73.49 of the Rules. The noted violations involve Jackson's failure to have an operational Emergency Alert System (``EAS'') and failure to have an effective locked fence or other enclosures around the antenna structure. II. BACKGROUND On March 10 and March 11, 2009, in response to a complaint, agents from the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1958A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1958A1.pdf
  • August 31, 2009 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: introduction In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find Opp Educational Broadcasting Foundation (``Opp Ed''), licensee of FM Broadcast Station WJIF (``WJIF'') in Opp, Alabama, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for willfully and repeatedly violating Sections 11.35 and 11.61(a) of the Commission's Rules (``Rules'') and for willfully and repeatedly violating Section 73.1015 of the Rules. The noted violations involve WJIF's failure to maintain operable Emergency Alert System (``EAS'') equipment and failure to conduct required EAS tests and Opp Ed's failure to respond to directives of the Enforcement Bureau's Spectrum Enforcement Division (``Division'') to provide certain information and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1989A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1989A1.pdf
  • 47 U.S.C. � 503(b)(2)(E). (stating that the Commission will generally reduce the assessed forfeiture amount ``based on the good faith corrective efforts of a violator when those actions were taken prior to Commission notification of the violation''). See e.g., Cayuga County Community College, Forfeiture Order, 2009 WL 1856467 (EB 2009). 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 09-1989 Federal Communications Commission DA 09-1989 < D I � " L �E ��
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1991A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1991A1.pdf
  • FORFEITURE ORDER Adopted: September 1, 2009 Released: September 3, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand four hundred dollars ($18,400) to Real Life Broadcasting (``Real Life''), licensee of station WIFI, in Florence, New Jersey, for willfully and repeatedly violating Sections 73.1745(a), 11.35, 73.49, and 73.3526(e)(12) of the Commission's Rules (``Rules'') by operating station WIFI with excessive power, failing to maintain an operational EAS system, failing to maintain an effective enclosure at the base of the WIFI tower, and failing to maintain issues/program lists in the public inspection file. In this Order, we consider Real Life's request for cancellation or reduction of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2101A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2101A1.pdf
  • above ground level. 47 C.F.R. � 17.7(a). Millworks' Tower required notification to the FAA because the structure exceeded 200 feet in height. Millworks incorrectly referred to the NAL as a Notice of Violation. No Notice of Violation was issued to Millworks by the New Orleans Office. 47 U.S.C. � 405. 47 C.F.R. � 1.106. 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.3526. 47 U.S.C. � 504(a). Federal Communications Commission DA 09-2101 Federal Communications Commission DA 09-2101 � 0 7 � 2K�
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2239A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2239A1.pdf
  • to use professional radio direction-finding equipment. Agents are specially trained on how to confirm accurate radio bearings on signal sources in congested areas. In this case, the accuracy of the results is further supported by the fact that the same signal source was identified multiple times. � � Ȅ�� � 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 09-2239 Federal Communications Commission DA 09-2239 " 0
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-812A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-812A1.pdf
  • Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand six hundred dollars ($9,600) to Bethune-Cookman College, Inc. (``Bethune-Cookman''), licensee of station WRWS-LP, in Daytona Beach, Florida, for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Section 11.35(a) of the Commission's Rules (``Rules''). The noted violations involve Bethune-Cookman's operation of an unlicensed radio transmitter and failure to install the required Emergency Alert System (``EAS'') equipment. II. BACKGROUND On October 31, 2008, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office''), accompanied by the station's general manager and chief engineer, conducted an inspection of low power
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-936A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-936A1.pdf
  • FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violator's gross revenues); Hoosier Broadcasting Corporation, Memorandum Opinion and Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it represented approximately 7.6 percent of the violator's gross revenues). 47 U.S.C. � 405. 47 C.F.R. � 1.106. 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.3526. 47 U.S.C. � 504(a). Federal Communications Commission DA 09-936 Federal Communications Commission DA 09-936 ) ( ) ^�@ `�� 0 0 H - $ � � 2K�
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1442A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1442A1.pdf
  • Adopted: August 2, 2010 Released: August 4, 2010 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand five hundred dollars ($8,500) to LSM Radio Partners, L.L.C. (``LSM Radio''), licensee of station WWWK(FM), in Islamorada, FL for willful and repeated violation of Sections 11.35(a) and 73.1125(a) of the Commission's Rules (``Rules''). The noted violations involve LSM Radio's failure to maintain: (1) operational Emergency Alert System (``EAS'') equipment when station WWWK(FM) was in operation; and (2) a full-time managerial and staff presence at the station's main studio consistent with the Rules. II. BACKGROUND On February 6, 2009, in response to a complaint alleging that radio
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2044A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2044A1.pdf
  • 0007676935 FORFEITURE ORDER Adopted: October 25, 2010 Released: October 27, 2010 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand five hundred dollars ($5,500) to Rodgson, Inc. (``Rodgson''), licensee of station WSDQ(AM), in Dunlap, Tennessee, for willful and repeated violation of Sections 11.35, 73.49 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rodgson's failure to: (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose the base of its AM antenna structure within a locked fence; and (3) maintain and make available a public inspection file at its main studio. II. BACKGROUND On August 19, 2009, agents from the Enforcement
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2156A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2156A1.pdf
  • LIABILITY FOR FORFEITURE Adopted: November 8, 2010 Released: November 10, 2010 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Daniel D. Smith, licensee of station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas, apparently willfully and repeatedly violated Sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules (``Rules'') by failing to: (1) maintain operational emergency alert system (``EAS'') equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file. We conclude that Mr.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-24A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-24A1.pdf
  • January 8, 2010 Released: January 8, 2010 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seventeen thousand, five hundred dollars ($17,500) to Mt. Rushmore Broadcasting, Inc. ("Mt. Rushmore"), licensee of stations KRAL(AM) and KIQZ(FM) serving Rawlins, Wyoming, for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''), Section 73.3526 of the Rules, and Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. On December 10, 2008, the Enforcement Bureau's Denver Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Mt. Rushmore for failing to ensure the operational readiness of the KRAL(AM) and KIQZ(FM) Emergency Alert System
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-269A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-269A1.pdf
  • By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand two hundred dollars ($15,200) to Seventh-Day Adventist Community Health Serv. of Greater NY (``SDACH''), licensee of Low-Power Television (LPTV) station W32DF in Hempstead, New York, for willfully and repeatedly violating Sections 1.903(a), 1.903(b), and 11.35(a) of the Commission's Rules (``Rules) by operating with an unauthorized antenna model and orientation, operating from an unauthorized location, and failing to install required Emergency Alert System (EAS) equipment. In this Order, we consider SDACH's arguments that the forfeiture amount for operation at an unauthorized location should be cancelled or reduced because it was the result of an inadvertent error
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-632A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-632A1.pdf
  • April 16, 2010 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to KFW Communications LLC dba Almega Cable Inc. (``KFW''), owner of the cable television system and antenna structure number 1041490 in Bloomington, Texas for willful and repeated violations of Sections 11.35(a), 17.48, and 17.51(a) of the Commission's Rules (``Rules''). The noted violations involve KFW's failure to install operational Emergency Alert System (``EAS'') equipment, failure to notify the Federal Aviation Administration (``FAA'') immediately of a lighting outage, and failure to exhibit all red obstruction lighting from sunset to sunrise. 2. On February 4, 2010, the Commission's Houston Office of the Enforcement Bureau
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-633A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-633A1.pdf
  • 2010 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to KFW Communications LLC dba Almega Cable Inc. (``KFW''), former owner of cable television system and owner of antenna structure number 1045666, in Yorktown, Texas, for willful and repeated violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Commission's Rules (``Rules''). The noted violations involve KFW's failure to install operational Emergency Alert System (``EAS'') equipment, failure to display the Antenna Structure Registration (``ASR'') number in a conspicuous place so that it is readily visible near the base of the antenna structure, failure to notify the Federal Aviation Administration (``FAA'') immediately of a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-782A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-782A1.pdf
  • Number: 201032600002 FRN: 0015739246 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Caribevision Station Group, L.L.C. (``Caribevision''), licensee of station WFUN-LD, in Miami, FL, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to install operational Emergency Alert Systems (``EAS'') equipment and apparently willfully violated Section 74.735(b)(2) of the Rules by exceeding the maximum effective radiated power (``ERP'') for a digital low power television (``LPTV'') station. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Caribevision is apparently liable
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-783A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-783A1.pdf
  • No.: 201032640001 FRN: 0003730892 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Hubbard's Advertising Agency, Inc., (``Hubbard''), licensee of station WLLL(AM), in Lynchburg, Virginia, apparently willfully and repeatedly violated Sections 11.35(a), 73.1745(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain operational Emergency Alert System (``EAS'') equipment, exceeding its licensed nighttime operating power, and failing to maintain and make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Hubbard is apparently liable for a forfeiture in the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-784A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-784A1.pdf
  • FRN: 5016308 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that World Media Broadcast Company, (``World Media''), licensee of station WCLM(AM), in Highland Springs, Virginia, apparently willfully and repeatedly violated Sections 11.35(a), 73.1400(a)(1)(ii) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain functioning Emergency Alert System (``EAS'') equipment, failing to provide functioning transmission system remote control equipment, and failing to maintain and make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that World Media is apparently liable for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-796A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-796A1.pdf
  • OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 10, 2010 Released: May 12, 2010 By the District Director, San Diego Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Telefutura Partnership of Douglas (``Telefutura''), the licensee of Digital Television broadcast station KFTU-DT (``KFTU'') in Douglas, Arizona, apparently willfully and repeatedly violated Section 11.35 of the Commission's Rules (``Rules'') by failing to ensure the operational readiness of KFTU's Emergency Alert System (``EAS'') equipment. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Telefutura is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND On September 1, 2009, agents from the Enforcement Bureau's
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1194A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1194A1.pdf
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: July 18, 2011 Released: July 18, 2011 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Spirit Broadcasting, Inc., (``Spirit''), licensee of Station WGTM(AM), in Wilson, North Carolina, apparently willfully and repeatedly violated sections 11.35, 73.49, and 73.3526 of the Commission's rules (``Rules'') by failing to: (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose an antenna tower, having radio frequency potential at the base, within an effectively locked fence; and (3) maintain and make available a public inspection file. We conclude that Spirit is apparently liable for a forfeiture in the amount of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.pdf
  • and Commission regulates are expected to promptly take corrective action when violations are brought to their attention). See also, Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994)(corrective action taken to comply with the Rules is expected, and does not mitigate any prior forfeitures or violations). See NAL at para. 17. 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 11-1233 Federal Communications Commission DA 11-1233 � � & 0
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1506A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1506A1.pdf
  • and Order (``MO&O''), we deny the petition for reconsideration (``Petition'') filed by Mt. Rushmore Broadcasting, Inc., (``Mt. Rushmore'' or ``the Licensee''), licensee of Stations KRAL(AM), KIQZ(FM), and WHB734, in Rawlins, Wyoming, of the Forfeiture Order issued in this proceeding. The Forfeiture Order imposed a monetary forfeiture in the amount of $17,500 for willful and repeated violation of sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Commission's rules (``Rules''). Background In the Forfeiture Order, issued January 8, 2010, the Western Region of the Enforcement Bureau (``Region'') determined that Mt. Rushmore had failed to ensure the operational readiness of the Station KRAL(AM) and Station KIQZ(FM) Emergency Alert System (``EAS'') equipment; failed to maintain a complete public inspection file for Station KRAL(AM) and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1538A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1538A1.pdf
  • AND ORDER Adopted: September 14, 2011 Released: September 14, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that SCI Cable Inc. (``SCI''), owner of cable television systems in Meriden, Kansas (``Meriden'') and Jefferson, Kansas (``Jefferson''), apparently willfully and repeatedly violated sections 11.35 and 76.1803 of the Commission's rules (``Rules'') by failing to: (1) install Emergency Alert System (``EAS'') equipment; (2) log the removal of EAS equipment; and (3) file required Annual Basic Signal Leakage Performance Reports (``FCC Form 320s''). We conclude that SCI is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). BACKGROUND On August 11, 2010
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1539A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1539A1.pdf
  • AND ORDER Adopted: September 14, 2011 Released: September 14, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that SCI Cable Inc. (``SCI''), owner of cable television systems in Perry, Kansas (``Perry'') and Lecompton, Kansas (``Lecompton''), apparently willfully and repeatedly violated sections 11.35 and 76.1803 of the Commission's rules (``Rules'') by failing to: (1) install Emergency Alert System (``EAS'') equipment; (2) log the removal of EAS equipment; and (3) file required Annual Basic Signal Leakage Performance Reports (``FCC Form 320s''). We conclude that SCI is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). BACKGROUND On September 22, 2010,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1540A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1540A1.pdf
  • LIABILITY FOR FORFEITURE AND ORDER Adopted: September 14, 2011 Released: September 14, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that SCI Cable Inc. (``SCI''), owner of a cable television system in Pottawatomie, Kansas (``Pottawatomie''), apparently willfully and repeatedly violated sections 11.35 and 76.1803 of the Commission's rules (``Rules'') by failing to: (1) install Emergency Alert System (``EAS'') equipment; (2) log the removal of EAS equipment; and (3) file required Annual Basic Signal Leakage Performance Reports (``FCC Form 320s''). We conclude that SCI is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). BACKGROUND On August 11, 2010
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1651A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1651A1.pdf
  • FORFEITURE AND ORDER Adopted: September 30, 2011 Released: September 30, 2011 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that St. George Cable, Inc. (``St. George''), operator of the cable television system in St. George Island, Florida, apparently willfully and repeatedly violated sections 11.35(a), 76.605(a)(12), 76.611(a) and 76.1801 of the Commission's rules (``Rules''), by (1) failing to install Emergency Alert System (``EAS'') equipment; (2) operating its cable system with excessive signal leakage; and (3) failing to register its cable system with the Commission. We conclude that St. George is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). We further
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1721A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1721A1.pdf
  • 0003772886 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 14, 2011 Released: October 18, 2011 By the District Director, Detroit Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Upper Peninsula Communications Inc. (``Upper Peninsula''), former operator of a cable television system in Powers, Michigan, apparently willfully and repeatedly violated section 11.35(a) of the Commission's rules (``Rules'') by failing to install emergency alert system (``EAS'') equipment. We conclude that Upper Peninsula is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND On November 3, 2010, an agent from the Enforcement Bureau's Detroit Office inspected Upper Peninsula's cable system serving Powers, Michigan with the cable system's manager. The
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  • L.L.C. (``LSM Radio''), licensee of Station WWWK(FM), in Islamorada, Florida. As discussed below, we conclude that the forfeiture should be reduced to four thousand seven hundred dollars ($4,700). LSM Radio seeks reconsideration of a Forfeiture Order issued on August 4, 2010, which imposed an eight thousand five hundred dollar ($8,500) monetary forfeiture for the willful and repeated violation of sections 11.35(a) and 73.1125(a) of the Commission's rules (``Rules''). The noted violations concerned LSM Radio's failure to maintain: (1) an operational Emergency Alert System (``EAS'') equipment when Station WWWK(FM) was in operation; and (2) a full-time managerial and staff presence at the station's main studio consistent with the Rules. The originally proposed forfeiture of $15,000 was reduced to $8,500 based upon LSM
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.pdf
  • October 21, 2011 Released: October 24, 2011 By the District Director, Detroit Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that R.J.'s Late Night Entertainment Corporation (``R.J.''), licensee of Non-Commercial Educational ("NCE") Class D Station WHPR-FM, in Highland Park, Michigan (the ``Station''), apparently willfully and repeatedly violated: (1) section 11.35(a) of the Commission's Rules ("Rules") by failing to maintain operational EAS equipment; (2) section 73.1690(b)(2) of the Rules for moving the Station's transmitter without Commission authorization; and (3) section 73.3527(b)(1) of the Rules by failing to maintain and make available a local public inspection file. We conclude that R.J. is apparently liable for a forfeiture in the amount of twenty-two
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-178A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-178A1.pdf
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 28, 2011 Released: January 31, 2011 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Bold Gold Media Group, Inc. (``Bold Gold''), the licensee of FM Radio Station WWRR in Scranton, Pennsylvania, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to install the required Emergency Alert System (``EAS'') equipment. We conclude that Bold Gold is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On November 24, 2009, in response to a complaint that Station WWRR did not have EAS equipment, an agent from the Enforcement Bureau's Philadelphia
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1822A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1822A1.pdf
  • 201132640002 FRN: 0009359811 FORFEITURE ORDER Adopted: October 31, 2011 Released: November 1, 2011 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Spirit Broadcasting, Inc., (``Spirit''), licensee of Station WGTM(AM), in Wilson, North Carolina, for willful and repeated violation of sections 11.35, 73.49, and 73.3526 of the Commission's rules (``Rules''). The noted violations involved Spirit's failure to (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose an antenna tower, having radio frequency potential at the base, within an effectively locked fence; and (3) maintain and make available a public inspection file. 2. On July 15, 2011, the Enforcement Bureau's Norfolk Office
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  • November 22, 2011 Released: November 22, 2011 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of twenty five thousand dollars ($25,000) to St. George Cable, Inc. (St. George), operator of the cable television system in St. George Island, Florida, for willful and repeated violation of sections 11.35(a), 76.605(a)(12), 76.611(a), and 76.1801 of the Commission's rules (Rules). The noted violations involved St. George's: (1) failure to install Emergency Alert System (EAS) equipment; (2) operation of its cable system with excessive signal leakage; and (3) failure to register its cable system with the Commission. 2. On September 30, 2011, the Enforcement Bureau's Tampa Office (Tampa Office) issued a Notice
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  • OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: December 6, 2011 Released: December 7, 2011 By the District Director, San Diego Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Media Mining Group, LLC., (``MMG''), licensee of Station KRDD(AM), in Roswell, New Mexico, apparently willfully and repeatedly violated section 11.35 of the Commission's rules (``Rules'') by failing to ensure the operational readiness of the Station KRDD(AM) Emergency Alert System (``EAS'') equipment. We conclude that MMG is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). In addition, no later than 30 days from the date of this NAL, MMG must submit a statement signed under penalty
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-48A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-48A1.pdf
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 11, 2011 Released: January 13, 2011 By the Acting District Director, San Diego Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that North County Broadcasting Corporation (``NCBC''), the licensee of AM broadcast station KFSD(AM) in Escondido, California, apparently willfully and repeatedly violated Section 11.35 of the Commission's Rules (``Rules'') by failing to ensure the operational readiness of Station KFSD's Emergency Alert System (``EAS'') equipment. We conclude that NCBC is apparently liable for a forfeiture in the amount of six thousand dollars ($6,000). BACKGROUND On March 18, 2010, agents from the Enforcement Bureau's San Diego Office conducted an inspection of Station KFSD's main studio, located
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  • 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand five hundred dollars ($11,500) to Daniel D. Smith, licensee of Station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas (``Mr. Smith''), for willful and repeated violation of sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Mr. Smith's failure to: (1) maintain operational emergency alert system (``EAS'') equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection
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  • FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violator's gross revenues); Hoosier Broadcasting Corporation, Memorandum Opinion and Order, 15 FCC Rcd 8640 (EB 2002) (forfeiture not deemed excessive where it represented approximately 7.6 percent of the violator's gross revenues). 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 0.314, 1.80(f)(4), 1.903(a), 1.903(b), 11.35(a). 47 U.S.C. � 504(a). Federal Communications Commission DA 11- 874 Federal Communications Commission DA 11- 874 � � � � � � "
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  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: May 17, 2011 Released: May 17, 2011 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that John F. Warmath (``Mr. Warmath''), licensee of station WIRJ(AM), Humboldt, TN, apparently willfully and repeatedly violated sections 73.49, 11.35, and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain: (1) an enclosed fence around the base of the station's AM antenna; (2) Emergency Alert System (``EAS'') equipment; and (3) a public inspection file. We conclude that Mr. Warmath is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). BACKGROUND On October 7, 2010, in
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  • May 17, 2011 Released: May 17, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand five hundred dollars ($5,500) to World Media Broadcast Company, (``World Media''), licensee of Station WCLM(AM), in Highland Springs, Virginia for willful and repeated violation of sections 11.35(a), 73.1400(a)(1)(ii) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve World Media's failure to maintain: (1) functioning Emergency Alert System (``EAS'') equipment; (2) functioning transmission system remote control equipment; and (3) a public inspection file at its main studio, and make that file available upon request. II. BACKGROUND As discussed in detail in the Notice of Apparent Liability
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  • is a complete public inspection file at the main studio of Station WLGT in New Bern. Because we find that Media East willfully failed to make the public inspection file available, we need not address its claim that a complete public inspection file was maintained at the main studio. 47 U.S.C. � 503(b); 47 C.F.R. ��� 0.111, 0.204, 0.311, 1.80(f)(4), 11.35(a), 73.3526. 47 U.S.C. � 504(a). Federal Communications Commission DA 11-938 Federal Communications Commission DA 11-938 � � � � � � � � � � � [ \ � " �
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  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: June 1, 2011 Released: June 2, 2011 By Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that CRS Radio Holding Inc. (``CRS''), licensee of Station WFBX (AM), in Spring Lake North Carolina, apparently willfully violated section 11.35 of the Commission's rules (``Rules'') by failing to ensure that emergency alert system (``EAS'') equipment was operational. We conclude that CRS is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000) and direct the company to submit a statement signed under penalty of perjury by an officer or director stating that Station WFBX(AM) currently has operational
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  • 0003251717 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 6, 2011 Released: June 7, 2011 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Comcast of Alabama, Inc., (``Comcast''), operator of a cable television system in Florence, Alabama, apparently willfully and repeatedly violated sections 11.35(a) and 11.51(h) of the Commission's rules (``Rules'') by failing to ensure that emergency alerts system (``EAS'') messages were transmitted properly to certain customers. We conclude that Comcast is apparently liable for a forfeiture in the amount of sixteen thousand dollars ($16,000). BACKGROUND 2. On January 3, 2011, the Enforcement Bureau's Atlanta Office (``Atlanta Office'') received a complaint that a Comcast
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-252A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-252A1.pdf
  • we reduce the forfeiture amount from $25,000 to $20,000 and deny the application for review in all other respects. In the Memorandum Opinion and Order, the Bureau denied Evangelism's petition for reconsideration of a Bureau Forfeiture Order issued to Evangelism on October 19, 2004, in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted rule violations involve Evangelism's failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the hours of station operation, and failure to make the station's public inspection file available. II. BACKGROUND On October 28, 2003, an agent from
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  • Sound''), pursuant to Section 1.115 of the Commission's Rules (``Rules''). Twenty-One Sound seeks review of the Enforcement Bureau's (``Bureau'') Memorandum Opinion and Order denying Twenty-One Sound's petition for reconsideration of a Forfeiture Order issued July 27, 2005. The Forfeiture Order imposed a monetary forfeiture in the amount of $18,000 on Twenty-One Sound for the willful and repeated violation of Sections 11.35(a), 73.1125(a), and 73.3526(a) of the Commission's Rules (``Rules''). The noted violations involved Twenty-One Sound's failure to maintain Emergency Alert System (``EAS'') equipment in operational readiness condition, failure to maintain a main studio in compliance with the Rules, and failure to maintain a complete public inspection file. II. DISCUSSION In its Application for Review, Twenty-One Sound reiterates past arguments raised at
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  • States Government Accountability Office, Testimony Before the Subcommittee on Economic Development, Public Buildings, and Emergency Management, Committee on Transportation and Infrastructure, House of Representatives, at 4-5 (Sep. 30, 2009). See also 2007 GAO Report at 14-17. 47 C.F.R. � 11.61(a)(1),(2). 47 C.F.R. � 11.61(a)(3). 47 C.F.R. � 11.61(a)(4). 47 C.F.R. � 11.61(a). 47 C.F.R. � 11.61(a)(4). See 47 C.F.R. �� 11.35(a), 11.54(b)(13), and 11.61(b). See Executive Order, Section 2(a)(iii). Section 3(b)(iii) of the Executive Order directs the Commission to ``adopt rules to ensure that communications systems have the capacity to transmit alerts and warnings to the public as part of the public alert and warning system.'' The Commercial Mobile Alerting System (CMAS) is one such system. On the CMAS, see The
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-11-12A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-11-12A1.pdf
  • with other emergency information distribution plans and methodologies). State and local EAS plans must comply with Part 11 requirements and are submitted to the Commission for review. See 47 C.F.R. � 11.21. 47 C.F.R. � 11.61(a)(1),(2). 47 C.F.R. � 11.61(a)(3). 47 C.F.R. � 11.61(a)(4). 47 C.F.R. � 11.61(a). 47 C.F.R. � 11.61(a)(1),(2). 47 C.F.R. � 11.61(a)(4). See 47 C.F.R. �� 11.35(a), 11.54(b)(13), and 11.61(b). 47 C.F.R. � 11.61(a)(3). Review of the Emergency Alert System, EB Docket No. 04-296, Second Further Notice of Proposed Rulemaking, 25 FCC Rcd 564 (2010) (Second FNPRM). See Appendix A, supra. See e.g. PEPAC Comments at 1 (supporting ``the Commission's proposal to implement annual EAS testing at the national level''); COAT Comments at 2 (supporting ``national, annual
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  • changing the EAS Protocol to accommodate CAP's capabilities. What are the potential costs and benefits of this proposal? How could any requirements we might consider be tailored to impose the list amount of burden on those affected? To the extent feasible, what explicit performance objectives should we specify to facilitate monitoring the success of any potential course of action? Section 11.35(a). Section 11.35(a) specifies certain operational readiness requirements for EAS equipment. This section currently requires, among other things, that EAS Participants install EAS equipment so that the monitoring and transmitting functions are available during the times that the EAS Participants' stations and systems are in operation, that EAS Participants determine the cause of any failure to receive the required tests or
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  • Point Lookout, Missouri ) NAL/Acct. No. 915KC0003 MEMORANDUM OPINION AND ORDER Adopted: July 3, 2000 Released: July 5, 2000 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we rescind an $8,000 proposed forfeiture issued to the College of the Ozarks (``College''), licensee of noncommercial educational FM Station KCOZ, Point Lookout, Missouri, for willfully violating Section 11.35 of the Commission's Rules (``Rules''). The violation involves the College's operation of KCOZ without the required Emergency Alert System (``EAS'') equipment in place. 2. On July 12, 1999, the Commission's Kansas City, Missouri Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') for $8,000 to the College for the Section 11.35 violation. On August 11, 1999, the College
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  • No.: X3248002 Greenwood, South Carolina ) FORFEITURE ORDER Adopted: July 6, 2000 Released: July 7, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against Morradio, Inc., licensee of AM Station WLMA, Greenwood, South Carolina, for willful and repeated violation of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. The noted violations involve Morradio's changes in its antenna structure location without a construction permit and failure to install and maintain Emergency Alert System equipment. 2. On January 24, 2000, the District Director of the Atlanta Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand
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  • 28, 2000 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we deny the Petition for Reconsideration filed on January 19, 2000 by C.R. Communications, Inc. (``CRC''). CRC seeks reconsideration of a Forfeiture Order in which the Chief, Enforcement Bureau, found CRC liable for a monetary forfeiture in the amount of $8,000 for willfully violating Section 11.35(a) of the Commission's Rules (``Rules''). The forfeiture was assessed for CRC's failure to ensure that its Emergency Alert System (``EAS'') equipment was installed and functioning when the station was in operation, and to note in the station log the reasons EAS tests were not received for a 14-month period. CRC paid the forfeiture nine days after the Forfeiture Order was
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2408A1_Erratum.doc
  • 11.52 (EAS Code and Attention Signal Monitoring Requirements), 17.4(g) (Antenna Structure Registration Number Posting), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1230 (Posting of Station License), 73.1590 (Equipment Performance Measurements) 73.1820(Station Log), and 73.3526 (Local Public Inspection File of Commercial Stations). Atlanta, GA District Office (9/7/00). Tele Media Co. of Vermont, L.L.C., WKVT, Brattleboro, VT. Other violation: 47 C.F.R. � 11.35 (Equipment Operations Readiness). Boston, MA District Office (9/8/00). Cumulus Broadcasting, Inc., Washington, DC. Tampa, FL District Office (9/13/00). WCVC, Inc., Tallahassee, FL. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures) and 17.50 (Cleaning and Repainting). Tampa, FL District Office (9/14/00). Monterey Licenses, L.L.C., Monterey, CA. Other violation: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements)
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  • NOV. NOTICES OF APPARENT LIABILITY Communications Act 47 U.S.C. � 301 - Unlicensed Operation Califormula Broadcasting, Chula Vista, CA. $10,000 NAL. San Diego, CA District Office (10/13/00). 47 U.S.C. � 302a - Devices Which Interfere With Radio Reception Mike Morrison, Kennesaw, GA. $2,000 NAL. Atlanta, GA District Office (10/11/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.35 - Equipment Operations Readiness Cherokee Broadcasting Company, Inc., Murphy, NC. $8,000 NAL. Norfolk, VA Resident Agent Office (10/19/00). Cumulus Licensing Corp., Tallahassee, FL. $24,000 NAL. Tampa, FL District Office (10/30/00). Rebus, Inc., Tallahassee, FL. $8,000 NAL. Tampa, FL District Office (10/30/00). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. � 17.4 - Antenna Structure
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  • Detroit, MI District Office (11/20/00). Fifth Avenue Broadcasting Co., Inc., Huntington, WV. Other violations: 47 C.F.R. �� 17.4 (Posting of Antenna Structure Registration Number), 73.1800 (General Requirements Related to Station Log), 73.1820 (Station Log), 73.1870 (Chief Operator), and 73.3526 (Public Inspection File for Commercial Stations). Detroit, MI District Office (11/20/00). IM-Media Broadcasting, Inc., Wheelersburg, OH. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 17.4 (Posting of Antenna Structure Registration), 73.1820 (Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File of Commercial Stations). Detroit, MI District Office (11/24/00). Stepchild Radio of Cincinnati, Inc., Cincinnati, OH. Other violations: 47 C.F.R. �� 73.267 (Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1560
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  • for reconsideration filed on June 29, 1998, by Central Broadcasting, Inc. (``Central''), licensee of Stations KIND(AM) and KIND-FM, Independence, Kansas. Central seeks reconsideration of a Forfeiture Order, in which the Chief, Compliance Division, of the former Compliance and Information Bureau (``CIB'') found Central liable for a monetary forfeiture in the amount of $8,000 for willful and repeated violations of Section 11.35 of the Commission's Rules, 47 C.F.R. � 11.35. For the reasons discussed below, we reduce the monetary forfeiture amount to $2,000. BACKGROUND 2. On February 4, 1997, Staff from the Commission's Kansas City, Missouri, Field Office (``Field Office'') conducted an inspection of Stations KIND and KIND-FM. On the basis of that inspection, on February 14, 1997, the Field Office issued
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  • ) File No. EB-99-ST-404 ) NAL/Acct. No. 915ST0008 ) FORFEITURE ORDER Adopted: March 14,2000 By the Chief, Enforcement Bureau: Released: March 15,2000 I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) against KXLE, Inc., ("KXLE"), licensee of Stations KXLE(AM) and KXLE-FM, Ellensburg, Washington, for willful violation of Section 11.35 of the Commission's Rules ("Rules").' The noted violation involves the failure of KXLE to keep the Emergency Alert System ("EAS") equipment for Stations KXLE(AM) and KXLE-FM operational. 2. On June 24, 1999, the District Director of the FCC's Seattle, Washington Field Office ("Field Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of eight thousand dollars
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  • No. X15PA0001 FORFEITURE ORDER Adopted: March 22, 2000 Released: March 23, 2000 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) against Kel-Comm Broadcasting, Inc., for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Commission's Rules (``Rules''). The noted violations involve failure to respond to a Notice of Violation, failure to comply with prescribed tower marking requirements, failure to register the tower, and failure to install and operate EAS equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'')
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  • Willis Broadcasting Corporation ) File No. EB-99-OR-155 KVLA (AM) ) Vidalia, Louisiana ) NAL/Acct. No. X015OR0001 ) FORFEITURE ORDER Adopted: March 29, 2000 Released: March 30, 2000 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order, we issue a monetary forfeiture in the amount of $12,000 against Willis Broadcasting Corporation, for willful and repeated violations of Sections 1.89(b) and 11.35(a) of the Commission's Rules (``the Rules''), 47 C.F.R. �� 1.89(b) and 11.35(a). The noted violations involve Willis Broadcasting Corporation's failure to install EAS equipment and its failure to respond to a Commission Notice of Violation. 2. On October 15, 1999, the Commission's New Orleans, Louisiana Field Office issued a Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the
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  • Radio Installations). Seattle, WA District Office (3/23/01). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. � 1.89 - Failure to Respond to Notice of Violation Northeast Passage Corporation, Forked River, NJ. $7,000 NAL. Other violation: 47 C.F.R. � 17.4(a) (Antenna Structure Registration). Philadelphia PA District Office (3/20/01). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.35 - Equipment Operations Readiness Radio One Licenses Inc., Lanham, MD. $22,000 NAL. Other violations: 47 C.F.R. �� 73.1125 (Station Main Studio Location), 73.1350 (Transmission System Operations), 73.1800 (General Requirements Related to the Station Log), and 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (3/8/01). 47 C.F.R. Part 17 - Antenna Structure Construction, Marking, and Lighting of
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  • Inc., New Castle, DE, WPKU578. Columbia, MD District Office (12/1/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.15 - EAS Operating Handbook Missouri Valley College, Marshall, MO. Other violation: 47 C.F.R. � 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (12/6/00). KYOO Communications, Bolivar, MO. Other violations: 47 C.F.R. �� 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (12/8/00). KASA Radio Hogar,
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  • Station KYOO(AM) ) EB-00-KC-194 (FM) Station KYOO-FM ) Bolivar, Missouri 65613 ) NAL/Acct. No. 20013256-001 FORFEITURE ORDER Adopted: April 27, 2001 Released: May 1, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) against KYOO Communications (``KYOO'') for willful violations of Sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Commission's Rules (``Rules''). The noted violations involve KYOO's failure to maintain an operational Emergency Alert System (``EAS'') combined with its failure to log the outage of the EAS equipment, failure to clean and repaint its antenna tower as often as necessary to maintain good visibility, failure to monitor and control its transmitter, and failure
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  • 47 U.S.C. � 303(q) - Painting and Lighting of Antenna Structures Rio Grande Transmission, Inc., Apache Springs, NM. $13,000 NAL. Other violations: 47 C.F.R. �� 17.23 (Specifications for Painting and Lighting Antenna Structures) and 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). Denver, CO District Office (4/26/01). 47 C.F.R. Part 11 - Emergency System Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness Hancock Broadcasting Corporation (WBSL), Bay St. Louis, MS. $15,000 NAL. Other violation: 47 C.F.R. � 73.49 (AM Transmission System Fencing Requirements). New Orleans, LA District Office (4/4/01). Zachery Broadcasting Company, Lanett, AL. $24,000 NAL. Other violations: 47 C.F.R. �� 17.4(a) (Antenna Structure Registration), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna
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  • EB-01-AT-0040 Licensee of WDWZ(AM) ) West Point, Georgia ) NAL/Acct. No. 200132480001 FORFEITURE ORDER Adopted: July 3, 2001 Released: July 6, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-four thousand dollars ($24,000) against Zachery Broadcasting Company (``Zachery''), licensee of WDWZ(AM), West Point, Georgia for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Commission's Rules (``Rules''). The violations stem from Zachery's failure to have Emergency Alert System equipment installed at WDWZ(AM), its failure to follow the Rules pertaining to antenna structures, and its failure to maintain a public inspection file at WDWZ(AM). 2. On April 16, 2001, the District Director of the Enforcement
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  • EB-01-AT-0040 Licensee of WDWZ(AM) ) West Point, Georgia ) NAL/Acct. No. 200132480001 FORFEITURE ORDER Adopted: July 3, 2001 Released: July 6, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-four thousand dollars ($24,000) against Zachery Broadcasting Company (``Zachery''), licensee of WDWZ(AM), West Point, Georgia for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Commission's Rules (``Rules''). The violations stem from Zachery's failure to have Emergency Alert System equipment installed at WDWZ(AM), its failure to follow the Rules pertaining to antenna structures, and its failure to maintain a public inspection file at WDWZ(AM). 2. On April 16, 2001, the District Director of the Enforcement
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  • of Authorization or Transfer of Control, Notification of Consummation), 90.437 (Posting Station Licenses), and 90.425 (Station Identification). Philadelphia, PA District Office (5/7/01). 47 C.F.R. � 1.1307 - Actions Which May Have a Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Salem Media of Colorado, Inc. Lafayette, Colorado. Other violations: 47 C.F.R. �� 1.1310 (Radiofrequency Radiation Exposure Limits), 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (5/18/01). 47 C.F.R. Part 2 - Frequency Allocation and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. � 2.815 - External Radio Frequency Power Amplifiers C & R Electronic CB Shop, West Memphis, AR. Other violations: 47 C.F.R. �95.413 ((CB
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  • Operation) and 73.1820 (Station Log). Atlanta, GA District Office (6/18/01). Christian Broadcasting Group, Ceiba, PR. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Juan, PR Resident Agent Office (6/26/01). 47 C.F.R. � 11.35 - Equipment Operational Readiness Two Rivers Broadcasting Limited Partnership, KGGO(FM) & KJJY(FM), Des Moines, IA. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1350 (Transmission System Operations), 73.1800
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  • ) FORFEITURE ORDER Adopted: August 10, 2001 Released: August 14, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we issue a monetary forfeiture in the amount of twenty-one thousand five hundred dollars ($21,500) against Radio One Licenses, Inc. (``Radio One''), licensee of WBOT(AM), for willful violation of the following Sections of the Commission's Rules (``Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On March
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  • No. 200132620003 Bay St. Louis, Mississippi ) FORFEITURE ORDER Adopted: August 13, 2001 Released: August 15, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Hancock Broadcasting Corporation (``Hancock''), licensee of Station WBSL(AM), Bay St. Louis, Mississippi, for willful violations of Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules''). The noted violations involve Hancock's failure to install and maintain operational Emergency Alert System (``EAS'') equipment at WBSL(AM) and its failure to enclose WBSL(AM)'s antenna tower within an effective locked fence or other enclosure. On April 4, 2001, the Commission's New Orleans, Louisiana, Field Office (``New Orleans Office'') issued a Notice of Apparent
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  • Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we grant in part and deny in part the Petition for Reconsideration filed on February 24, 2000 by Arnold Broadcasting Company, Inc. (``Arnold''). Arnold seeks reconsideration of a Forfeiture Order, in which the Chief, Enforcement Bureau, found that Arnold had willfully violated several sections of the Commission's Rules ("Rules"): Sections 11.35(a) (failure to install and maintain operable Emergency Alert System ("EAS") equipment); 11.61 (failure to conduct EAS tests and activations or maintain logs of tests or activations); 17.4(g) (failure to post the antenna structure registration number at the base of the antenna tower); 73.1870 and 73.1350(b) (failure to designate and post the designation of a chief operator for the station); 73.1870(c)(3)
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  • Unauthorized Operation Klaus D. Kramer, Oklahoma City, OK. $9,500 NAL. Dallas, TX District Office (7/13/01). Jeffrey Alan Pettrey, Princeton, WV. $10,000 NAL. Columbia, MD District Office (7/30/01). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. � 1.89 - Failure to Respond to Notice of Violation Willis Broadcasting Corporation, WGRM-FM, Greenwood, MS. $25,000 NAL. Other violations: 47 C.F.R. �� 11.35 (Equipment Operations Readiness), 17.4 (Antenna Structure Registration) and 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (7/3/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. � 11.35 - Equipment Operation Readiness Rego, Inc., c/o Betsy Trimble, Beloit, WI. $6,500 NAL. Other violations: 47 C.F.R. �� 73.1400 (Transmission System Monitoring and Equipment) and
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  • Charles, Missouri ) NAL/Acct. No. X3256-001 ORDER Adopted: August 28, 2001 Released: August 30, 2001 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Bronco Broadcasting, Co., Inc. (``Bronco''). The Consent Decree terminates the Enforcement Bureau's forfeiture proceeding against Bronco. Bronco, licensee of KIRL(AM), apparently violated Sections 11.35(a), 73.61(a), 73.62(b)(3), and 73.3526(e)(12) of the Commission's Rules. 2. The Consent Decree provides that, among other things, Bronco will implement a Compliance Plan to ensure its future compliance with the Commission's Rules and will make a $6,000 voluntary contribution to the United States Treasury. 3. After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission and Bronco Broadcasting Co., Inc. (``Bronco'') hereby enter into this Consent Decree for the purpose of terminating a forfeiture proceeding arising from an investigation of Bronco, for alleged violations of 47 C.F.R. �� 11.35(a), 73.61(a), 73.62(b)(3), and 73.3526(e)(12). BACKGROUND 2. On August 4, 2000, FCC field agents from the Enforcement Bureau's Kansas City Field Office inspected KIRL. This inspection uncovered violations pertaining to station logs, failure to take field intensity measurements, operation with excessive field intensity, and failure to maintain an issues-programs listing. See 47 C.F.R. ��11.35(a), 73.61(a), 73.62(b)(3), and 73.3526(e)(12). The station logs
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  • 47 C.F.R. � 1.80. 5 47 U.S.C. � 503(b). 6 47 U.S.C. � 503(b)(2)(D). The referenced Notices of Violation were issued for the following Enforcement Bureau file numbers: EB-01-TP-020 (for violation of Section 17.51(a) of the Rules); EB-00-CF-572 (for violation of Section 17.57 of the Rules); EB-01-PA-031 (for violation of Section 73.1201(a) of the Rules); EB-99-CF-165 (for violation of Sections 11.35(a), 11.61(a), 17.50, 73.1870(a), 73.54(d) and 73.1350(c)(1) of the Rules); EB-99-CF-166 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1350(c)(1) and 73.1870(a) of the Rules); EB-99-CF-167 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1225(b), 73.1350(c)(1), 73.1870(a) and 73.62(a) of the Rules); EB-99-CF-171 (for violation of Section 11.61(a) of the Rules); and EB-99-CF-172 (for violation of Section 11.61(a) of the Rules). 47 C.F.R.
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  • additional rights. Parties wishing to make a payment or file a response to a NAL or to file a response to a NOV or Citation must do so in accordance with the instructions and by the deadline set forth in the NAL, NOV or Citation. NOTICES OF APPARENT LIABILITY 47 C.F.R. Part 11 � Emergency Alert System 47 C.F.R. � 11.35 � Equipment Operations Readiness Barnstable Broadcasting, Inc. dba Two Rivers Broadcasting Limited Partnership, KGGO(FM), KJJY(FM), Antenna Registration #1028734, Newton, MA. $16,000 NAL. Other violation: 47 C.F.R. � 17.51 (Time When Lights Should Be Exhibited). Kansas City, MO District Office (8/3/01). 47 C.F.R. Part 17 � Antenna Structure Construction, Marking, and Lighting of Antenna Structures 47 C.F.R. � 17.51 � Time
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  • In the Matter of ) ) Willis Broadcasting Corporation ) File No. EB-01-OR-052 Licensee of WGRM-FM ) Greenwood, Mississippi ) NAL/Acct. No. 200132620004 FORFEITURE ORDER Adopted: October 16, 2001 Released: October 18, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a $25,000 monetary forfeiture to Willis Broadcasting Corporation (``Willis'') for willfully violating Sections 1.89(b), 11.35(a), 17.4(a)(2), and 73.3526(c) of the Commission's Rules (``Rules''). Willis failed to respond to Commission communications, did not have Emergency Alert System equipment installed, failed to register its antenna structure, and did not have its public inspection file available for public inspection during regular business hours. 2. On July 3, 2001, the District Director of the Enforcement Bureau's New Orleans Field
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  • Philadelphia, PA District Office (9/21/01). Creative Educational Media Corp., Inc., Branson, MO. Other violation: 47 C.F.R. � 11.52 (EAS Code and Attention Signal Monitoring Requirements). Kansas City, MO District Office (9/24/01). Vera R. Baldwin, Inc., WDLW(AM), Fairfield, OH. Other violation: 47 C.F.R. � 11.52 (EAS Code and Attention Signal Monitoring Requirements). Detroit, MI District Office (9/28/01). � 47 C.F.R. � 11.35 � Equipment Operational Readiness EBC, Inc., McCook, KS. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.56 (Maintenance of Lighting Equipment), 73.1560 (Operating Power and Mode Tolerances) and
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  • December 5, 2001 By the Chief, Enforcement Bureau: INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of $16,000 to Barnstable Broadcasting, Inc., (``BBI'') dba Two Rivers Broadcasting Limited Partnership (``Two Rivers''), previous licensee of Stations KGGO(FM) and KJJY(FM), Des Moines and West Des Moines, Iowa respectively, for willful and repeated violation of Sections 11.35(a) and 17.51(b) of the Commission's Rules (``Rules''). The noted violations involved BBI's failure to determine and log the reasons why EAS tests were not being received and its failure to maintain antenna lighting in operational condition. We also find that BBI failed to notify the Federal Aviation Administration (``FAA'') of lighting outages. 2. On August 3, 2001, the Commission's Kansas
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  • West Babylon, NY. New York, NY District Office (10/12/01). Keil Oil, Inc., KAZ232, Riverdale, NJ. Other violation: 47 C.F.R. � 90.403 (General Operating Requirements). New York, NY District Office (10/19/01). 47 C.F.R. Part 11 � Emergency Alert System � 47 C.F.R. � 11.15 � EAS Operating Handbook New Life Evangelistic Center, Inc., New Bloomfield, MO. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (10/1/01). CB Radio, Inc., WBEJ, Elizabethton, TN. Other violations: �� 17.4(g) (Posting of Antenna Structure Registration Number), 73.51 (Determining Operating Power), and 73.1590 (Equipment Performance Measurements). Atlanta, GA District Office
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  • WII665, West Babylon, NY. New York, NY District Office (10/12/01). Keil Oil, Inc., KAZ232, Riverdale, NJ. Other violation: 47 C.F.R. � 90.403 (General Operating Requirements). New York, NY District Office (10/19/01). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.15 - EAS Operating Handbook New Life Evangelistic Center, Inc., New Bloomfield, MO. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (10/1/01). CB Radio, Inc., WBEJ, Elizabethton, TN. Other violations: �� 17.4(g) (Posting of Antenna Structure Registration Number), 73.51 (Determining Operating Power), and 73.1590 (Equipment Performance Measurements). Atlanta, GA District Office
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  • No. 200132620005 Slidell, Louisiana ) FRN 0005-0234-60 FORFEITURE ORDER Adopted: December 17, 2001 Released: December 19, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand five hundred dollars ($2,500) to MAPA Broadcasting, L.L.C. (``MAPA''), licensee of Station WSLA(AM), Slidell, Louisiana, for willful violations of Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules''). The noted violations involve MAPA's failure to install operational Emergency Alert System (``EAS'') equipment at WSLA(AM) and its failure to enclose WSLA(AM)'s antenna tower within an effective locked fence or other enclosure. On July 24, 2001, the Commission's New Orleans, Louisiana, Field Office (``New Orleans Office'') issued a Notice of Apparent Liability for
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  • APPARENT LIABILITY Communications Act � 47 U.S.C. � 301 � Unauthorized Operation Javier Rodriguez, Boqueron, PR. $10,000 NAL. San Juan, PR Resident Agent Office (11/7/01). 47 C.F.R. Part 1 � Practice and Procedure � 47 C.F.R. � 1.89 � Failure to Respond to Notice of Violation Jamie Patrick Broadcasting, Ltd., KTRY-FM, Bastrop, LA. $22,000 NAL. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness) and 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (11/27/01). 47 C.F.R. Part 11 � Emergency Alert System (EAS) Rules � 47 C.F.R. � 11.35 � Equipment Operational Readiness Navajo Broadcasting Company, Inc., KDJI(AM) & KZUA(FM), Holbrook, AZ. $10,000 NAL. Other violation: 47 C.F.R. � 11.61 (Tests of EAS Procedures). San Diego,
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  • No. EB-00-TP-644 ) Licensee of Station WTAL(AM) ) NAL/Acct. No. 200132700003 ) Tallahassee, Florida ) FORFEITURE ORDER Adopted: February 6, 2001 Released: February 8, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) against Rebus, Inc. (``Rebus'') for willful violation of Section 11.35(a) of the Commission's Rules (``Rules''). The violation involved Rebus's failure to have Emergency Alert System (``EAS'') equipment installed and operational at Station WTAL(AM). II. BACKGROUND 2. On August 31, 2000, an agent of the Tampa, Florida Field Office (``Tampa Field Office'') inspected Station WTAL(AM) in Tallahassee, Florida. During the inspection, the owner and general manager of the station informed the
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  • ) NAL/Acct. No. 200132640001 FORFEITURE ORDER Adopted: February 23, 2001 Released: February 27, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand five hundred dollars ($6,500) against Cherokee Broadcasting Company, Inc. (``Cherokee Broadcasting''), licensee of WCVP (AM), Murphy, North Carolina for willfully violating section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Cherokee Broadcasting's July 2000 operation of WCVP without working Emergency Alert System (``EAS'') equipment in place. 2. On October 19, 2000, the Enforcement Bureau's Norfolk, Virginia Resident Agent Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of eight thousand dollars ($8,000). Cherokee Broadcasting filed a response
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  • Christian Broadcasting Corporation, New Orleans, LA. $14,000 NAL. Other violation: 47 C.F.R. � 17.4(a) (Antenna Structure Registration). New Orleans, LA District Office (1/3/01). 47 C.F.R. � 1.903 - Authorization Required 420 Energy Investments, Inc., WPFP282, Burnsville, WV and WPFQ228, Sardis, WV. $12,000 NAL. Columbia, MD District Office (1/3/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness KYOO Communications, Bolivar, MO. $22,000 NAL. Other violations: 47 C.F.R. �� 17.50 (Cleaning and Repainting), 73.1350 (Transmission System Operation) and 73.1800 (General Requirements Related to the Station Log). Kansas City, MO District Office (1/31/01). 47 C.F.R. Part 95 - Personal Radio Services 47 C.F.R. � 95.409 - (CB Rule 9) What Equipment May I Use At
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  • � 308(b) - Failure to Respond to Letter of Inquiry Galaxy Cablevision, Lincoln, MO. Kansas City, MO District Office (2/20/01). Village of Campbell, Campbell, NE. Kansas City, MO District Office (2/20/01). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. � 1.5 - Mailing Address Furnished By Licensee Zachery Broadcasting Company, WDWZ(AM),West Point, GA. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 17.4(a) (Antenna Structure Registration), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1125 (Station Main Studio Location), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public
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  • Parties wishing to make a payment or file a response to a NAL or to file a response to a NOV or Citation must do so in accordance with the instructions and by the deadline set forth in the NAL, NOV or Citation. NOTICES OF APPARENT LIABILITY 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. � 11.35 - Equipment Operations Readiness WHYZ Radio L.P., Radio Station WCSZ(AM). $8,000 NAL. Atlanta, GA District Office (4/18/02). 47 C.F.R. � 11.52 - EAS Code and Attention Signal Monitoring Requirements Sycamore Valley Broadcasting, Inc., WQSV, Ashland City, TN. $25,000 NAL. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 17.50 (Cleaning and Repainting), 73.1400 (Transmission System Monitoring and Control), and
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  • 2002 Released: June 4, 2002 By the Chief, Enforcement Bureau: INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny a petition for reconsideration filed by MAPA Broadcasting, L.L.C. (``MAPA''), licensee of Station WSLA(AM), of a Forfeiture Order which issued a monetary forfeiture in the amount of two thousand five hundred dollars ($2,500) to MAPA for willful violations of Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules''). The noted violations involved MAPA's failure to install operational Emergency Alert System (``EAS'') equipment at WSLA(AM) and its failure to enclose WSLA(AM)'s antenna tower within an effective locked fence or other enclosure. For the reasons which follow, we deny the petition for reconsideration. BACKGROUND On March 14, 2001, agents from the Commission's New
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  • Fontana, CA. $10,000 NAL. Los Angeles, CA District Office (5/30/02). 47 U.S.C. � 302 - Devices Which Interfere With Radio Reception Lightning Electronics, Inc., Miami, FL. $7,000 NAL. Other violation: 47 C.F.R. � 2.803 (Marketing of Radio Frequency Devices Prior to Equipment Authorization). Tampa, FL District Office (5/21/02). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness Fenix Broadcasting Corp., Miami, FL. $21,000 NAL. Other violations: 47 C.F.R. �� 17.51 (Time When Lights Should Be Exhibited) and 73.49 (AM Transmission System Fencing Requirements). Tampa, FL District Office (5/7/02). WRHC Broadcasting, Corp., Miami, FL. $4,000 NAL. Tampa, FL District Office (5/7/02). Alpine Broadcasting, Ltd., KKIT(FM) - Angel Fire, NM and KXMT(FM), Taos, NM. $16,000
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  • ) ) FRN 0004-0823-76 FORFEITURE ORDER Adopted: June 17, 2002 Released: June 19, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to TV 45 Productions, Inc. (``TV 45''), licensee of Class A television station KLHU-CA, for willful and repeated violation of Sections 11.35(a) and 11.61 of the Commission's Rules (``Rules''). The noted violations involve TV 45's failure to ensure that Emergency Alert System (``EAS'') equipment is installed and operational and its failure to conduct required weekly and monthly tests of the EAS. On March 13, 2002, the Commission's San Diego, California, Field Office (``San Diego Office'') issued a Notice of Apparent Liability for
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  • Limitations and Antenna Systems). Denver, CO District Office (6/28/02). 47 C.F.R. Part 1 � Practice and Procedure � 47 C.F.R. � 1.89 � Failure to Respond to Notices of Violation 1 This Public Notice replaces the "Enforcement Bureau Field Operations List of Actions Taken" Public Notice. 2 o BarJo Communications Group, Oneonto, NY. $23,000 NAL. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness) and 11.61 (Tests of EAS Procedures). Buffalo, NY Resident Agent Office (6/18/02). 47 C.F.R. Part 11 � Emergency Alert System Rules � 47 C.F.R. � 11.35 � Equipment Operational Readiness o Faith Bible College, Inc., licensee of FM Broadcast Station KTGF, Milton, Florida. $8,000 NAL. Tampa, FL District Office (6/4/02). o Cornbelt Broadcasting Co., WHOW and WHOW-FM,
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  • No. 200232700007 Licensee, Station WRHC(AM) ) Miami, Florida ) FRN 0005-0123-56 FORFEITURE ORDER Adopted: July 29, 2002 Released: August 1, 2002 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to WRHC Broadcasting Corp. (``WRHC''), licensee of Station WRHC(AM), Miami, Florida, for willful violation of Section 11.35(a) of the Commission's Rules (``the Rules''). The noted violation involves WRHC's failure to have Emergency Alert System equipment in operation on March 28, 2002. 2. On May 7, 2002, the District Director of the Commission's Tampa, Florida Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to WRHC. WRHC has not filed a
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  • No. 200232700008 Licensee, Station WWFE(AM) ) Miami, Florida ) FRN 0006-1648-67 FORFEITURE ORDER Adopted: August 2, 2002 Released: August 7, 2002 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Fenix Broadcasting Corp. (``Fenix''), licensee of Station WWFE(AM), Miami, Florida, for willful violation of Sections 11.35(a), 17.51, and 73.49 of the Commission's Rules (``the Rules''). The noted violations involve Fenix's failure to have Emergency Alert System equipment operational on March 28, 2002, failure to exhibit tower lights from sunset to sunrise, and failure to enclose antenna towers having radio frequency potential at the base within effective locked enclosures. 2. On May 7, 2002, the District Director
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  • of Merced, LLC, Merced, CA (KBKY(FM)). Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station Licenses) and 73.1870 (Chief Operator). San Francisco, CA District Office (12/17/01). 47 C.F.R. � 11.35 - Equipment Operational Readiness King Broadcasting Company, Roswell, NM, KBIM(AM) (Facility ID #34871). Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements), 73.158 (Directional Antenna Monitoring Points), 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System Inspections), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District
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  • Mailing Address Furnished By Licensee MariTel Mississippi River, Inc., Washington, DC. $7,000 NAL. Other violation: 47 C.F.R. � 80.90 (Suspension of Transmission). New Orleans, LA District Office (7/3/02). 47 C.F.R. � 1.903 - Authorization Required TeleBEEPER of New Mexico, Inc. $3,000 NAL. Dallas, TX District Office (7/9/02). 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness Adelphia Communications Corporation, Coudersport, PA. $8,000 NAL. Atlanta, GA District Office (7/18/02). L.T. Simes II & Raymond Simes, KAKJ(FM), West Helena, AR. $15,000 NAL. Other violations: 47 C.F.R. �� 17.4(a) (Antenna Structure Registration) and 73.1350 (Transmission System Operation). New Orleans, LA District Office (7/22/02). Rotijefco, Inc., Santa Barbara, CA. $8,000 NAL. Los Angeles, CA District Office
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  • INTRODUCTION 1. In this Memorandum Opinion and Order ("Order") we deny a Petition for Reconsideration filed by Radio One Licenses, Inc. ("Radio One"), licensee of WBOT(FM), of the Forfeiture Order issued by the Enforcement Bureau (``Bureau'') assessing a twenty-one thousand five hundred dollar forfeiture ($21,500) against Radio One for willful violation of the following Sections of the Commission's Rules (``Rules''): 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). II. BACKGROUND 2. On March
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  • 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800), to Alpine Broadcasting, Ltd., licensee of Station KKIT(FM), Angel Fire, New Mexico, and Alpine Broadcasting Ltd. Partnership, licensee of Station KXMT(FM), Taos, New Mexico, collectively (``Alpine''), for willful violation of Section 11.35(a) of the Commission's Rules ("Rules"). The noted violations involve Alpine's failure to have operational Emergency Alert System ("EAS") equipment at Stations KKIT(FM) and KXMT(FM). 2. On May 16, 2002, the District Director of the Commission's Denver, Colorado Field Office ("Denver Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of sixteen thousand dollars ($16,000). Alpine filed
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  • (8/5/02). Odino Joseph, Naples, FL. $10,000 NAL. Tampa, FL District Office (8/5/02). Josue Alusma, Naples, FL. $10,000 NAL. Tampa, FL District Office (8/6/02). Networx Corporation, Pittsford, NY. $10,000 NAL. Philadelphia, PA District Office (8/15/02). Gateway Security Systems, Inc., Jamaica, NY. $10,000 NAL. New York, NY District Office (8/19/02). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness Jean J.Suh, d/b/a Radio Hankook, Puyallup, WA. $22,000 NAL. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number) and 17.50 (Cleaning and Repainting). Seattle, WA District Office (8/28/02). J&W Promotions, Inc., WAPZ, Wetumpka, AL $18,000 NAL. Other violations: 47 C.F.R. �� 17.4(a) (Antenna Structure Registration) and 73.49 (AM
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  • the Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of eight thousand dollars ($8,000) issued to Faith Bible College, Inc. (``Faith Bible''), licensee of Station WTGF-FM, Milton, Florida, for failure to maintain operational Emergency Alert System (``EAS'') equipment at Station WTGF in apparent willful violation of Section 11.35(a) of the Commission's Rules (``Rules''). However, we conclude that Faith Bible willfully violated Section 11.35(a) and admonish Faith Bible for this violation. On June 4, 2002, the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Faith Bible for a forfeiture in the amount of eight thousand dollars ($8,000). Faith Bible filed
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  • and Order ("MO&O") issued by the Enforcement Bureau in this proceeding. Pursuant to Section 503(b) of the Communications Act of 1934, as amended ("the Act"), and Section 1.80 of the Commission's Rules ("the Rules"), the Enforcement Bureau found Radio One liable for a monetary forfeiture in the amount of $21,500 for willful violation of the following sections of the Rules: 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). Radio One has presented new
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  • of WHOW(AM) and WHOW-FM ) NAL/Acct. No. 200232320006 Clinton, Illinois ) FRN: 0003-7736-94 FORFEITURE ORDER Adopted: October 29, 2002 Released: October 31, 2002 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of $17,000 to Cornbelt Broadcasting Co. (``Cornbelt Broadcasting''), licensee of WHOW(AM) and WHOW-FM, for willfully and repeatedly violating Sections 11.35(a), 17.4(g), and 73.49 of the Commission's Rules (``Rules''). The noted violations involve Cornbelt Broadcasting's failure to have an operational Emergency Alert System decoder, post an antenna structure registration number, and enclose its AM antenna structure within effective locked fences or other enclosures. On June 18, 2002, the District Director of the Enforcement Bureau's Chicago District Office issued a $17,000 Notice
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  • and Lighting Max Media of Montana, LLC, Great Falls, MT. $13,000 NAL. Other violations: 47 C.F.R. �� 17.21 (Painting and Lighting, When Required), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). Seattle, WA District Office (9/27/02). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness American Family Association, KAUF, Tupelo, MS. $9,000 NAL. Other violations: 47 C.F.R. �� 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (9/28/02). Southern Media Communications, Inc., Bay Minnette, AL. $11,000 NAL. Other violation: 47 C.F.R. � 17.4(a) (Antenna Structure Registration). Atlanta, GA District Office (9/24/02). Aracelis Ortiz, Excutrix of the
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  • FRN 0005-0115-72 Oberlin, Ohio ) FORFEITURE ORDER Adopted: November 5, 2002 Released: November 7, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand dollars ($1,000) to Oberlin College Student Network, Inc. (``Oberlin''), licensee of Station WOBC-FM, Oberlin, Ohio, for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Oberlin's failure to maintain operational Emergency Alert System (``EAS'') equipment at Station WOBC. On May 23, 2002, the Commission's Detroit, Michigan Field Office (``Detroit Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Oberlin for a forfeiture in the amount of eight thousand dollars ($8,000). Oberlin filed a response
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  • New York, NY District Office (10/22/02). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. � 1.903 - Authorization Required Acapulco Car Service, Inc., Brooklyn, NY. $4,000 NAL. New York, NY District Office (10/8/02). Tekk Comm Communications, Waterford, NJ. $4,000 NAL. Philadelphia, PA District Office (10/22/02). 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness Radio Lake Placid, Inc., WIRD, WLPW, Lake Placid, NY. $8,000 NAL. Buffalo, NY Resident Agent Office (10/3/02). 47 C.F.R. � 11.61 - Tests of EAS Procedures Travlyn Broadcasting, Inc., WIGG(AM), Muscle Shoals, AL. $7,000 NAL. Other violation: 47 C.F.R. � 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (10/1/02). Wilkins Communications
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  • FORFEITURE ORDER Adopted: December 20, 2002 Released: December 23, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to BanJo Communications Group, Inc. (``BanJo''), licensee of Stations WCHN(AM), WBKT-FM, and WKYZ-FM, Oneonta, New York, for willful and repeated violations of Sections 1.89(b) and 11.35(a) of the Commission's Rules (``Rules''). The noted violations involve BanJo's failure to respond to Notices of Violation (``NOVs''), failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to determine and log the reasons why required monthly and weekly EAS tests were not received. On June 18, 2002, the Commission's Buffalo, New York Resident Agent Office (``Buffalo Office'') issued
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  • Unauthorized Operation Ian R. Walker, Jacksonville, FL. $10,000 NAL. Tampa, FL District Office (11/5/02). ServisAir, Newark, NJ. $10,000 NAL. New York, NY District Office (11/13/02). Assondieu Fortune, Naples, FL. $10,000 NAL. Tampa, FL District Office (11/18/02). Jhony Desinor, Naples, FL. $10,000 NAL. Tampa, FL District Office (11/18/02). 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness Fayette County Broadcasting, WSTN(AM), West Helena, Arkansas. $8,000 NAL. Atlanta, GA District Office (11/5/02). Mediacom. $8,000 NAL. Kansas City, MO District Office (11/5/02). Floyd County Broadcasting Company, Inc., WMDJ-FM, Martin, KY. $8,000 NAL. Detroit, MI District Office (11/6/02). Arrow Communications of N.Y., Inc., WPIG(FM), WDHL(AM), Williamsport, PA. $8,000 NAL. Buffalo, NY Resident Agent Office (11/7/02). Small
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  • (``Order''), we cancel the proposed monetary forfeiture in the amount of twenty two thousand dollars ($22,000) issued to Jamie Patrick Broadcasting, Ltd., (``Patrick''), licensee of KTRY-FM, Bastrop, Louisiana, for failure to respond to Commission correspondence, failure to install and operate Emergency Alert System (``EAS'') equipment, and failure to maintain a public inspection file in apparent willful violation of Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Commission's Rules (``Rules''). However, we conclude that Patrick willfully violated Sections 1.89(b) and 11.35(a) of the Rules and admonish Patrick for these violations. BACKGROUND On July 11, 2001, an agent from the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'') inspected KTRY-FM in Bastrop, Louisiana. During the inspection, the agent determined that no EAS equipment
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  • an Existing Station ACS Television LLC, Eagle River, AK. $13,000 NAL. Other violation: 47 C.F.R. � 74.780 (Broadcast Regulations Applicable to Translators, Low Power, and Booster Stations). Anchorage, AK Resident Agent Office (1/22/02). NOTICES OF VIOLATION Communications Act 47 U.S.C. � 301 - Unauthorized Operation Mt. Rushmore Broadcasting, Inc., Custer, SD (KAWK-FM, Facility ID #43916). Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring and Control), 73.1580 (Transmission System Inspections), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Denver, CO District Office (1/7/02). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. � 1.951 - Duty
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  • Authorization Billy J. Rutledge, Bluff City, TN. Philadelphia, PA District Office (2/14/02). Roamer One, Inc., New York, NY. Philadelphia, PA District Office (2/14/02). Douglas SMR Works, Inc., Woodinville, WA. Philadelphia, PA District Office (2/14/02). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.15 - EAS Operating Handbook CableVision, Lake Havasu City, AZ. Other violations: 47 C.F.R. �� 11.35 (Equipment Operational Readiness) and 11.61 (Tests of EAS Procedures). San Diego, CA District Office (2/19/02). Adelphia Cable, Durven, PA. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (2/14/02). Genesis Communications I, Inc, Atlanta, FL. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal
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  • 17, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Memorandum Opinion and Order (``Order''), we grant in part and deny in part Willis Broadcasting Corporation's (``Willis Broadcasting'') petition for reconsideration of the Forfeiture Order that we released on October 18, 2001. In the Forfeiture Order, we assessed a $25,000 forfeiture against Willis Broadcasting for violating Sections 1.89(b), 11.35(a), 17.4(a)(2), and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations relate to Willis Broadcasting's failure to respond to Commission correspondence; failure to have operational Emergency Alert System (``EAS'') equipment at WGRM-FM; failure to register WGRM-FM's antenna structure; and failure to make WGRM-FM's public inspection file available for inspection. For the reasons explained below, we reduce Willis Broadcasting's $25,000 forfeiture
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  • Louisiana 70760 ) ) FRN 006-3876-25 ) FORFEITURE ORDER Adopted: April 18, 2002 Released: April 22, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000), to New World Broadcasting Company, Inc. ("New World"), licensee of Station KCLF(AM), for willful violation of Sections 11.35(a) and 73.1400 of the Commission's Rules ("Rules"). The noted violations involve New World's failure to install operational Emergency Alert System ("EAS") equipment at KCLF(AM) and its failure to monitor and control the station's transmission system. 2. On November 27, 2001, the District Director of the Commission's New Orleans, Louisiana Field Office ("New Orleans Office") issued a Notice of Apparent Liability
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  • additional rights. Parties wishing to make a payment or file a response to a NAL or to file a response to a NOV or Citation must do so in accordance with the instructions and by the deadline set forth in the NAL, NOV or Citation. NOTICES OF APPARENT LIABILITY 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.35 - Equipment Operational Readiness TV 45 Productions, Inc., KLHU-CA, Lake Havasu City, AZ. $8,000 NAL. Other violation: 47 C.F.R. � 11.61 (Tests of EAS Procedures). San Diego, CA District Office (3/13/02). 47 C.F.R. Part 17 - Antenna Structure Construction, Marking, and Lighting of Antenna Structures 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Citicasters
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  • Bastrop, Louisiana ) NAL/Acct. No. 200232620002 ) FRN 0006-2802-42 FORFEITURE ORDER Adopted: April 23, 2002 Released: April 25, 2002 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty two thousand dollars ($22,000) to Jamie Patrick Broadcasting, Ltd. (``Patrick''), licensee of KTRY-FM, Bastrop, Louisiana, for willful violation of Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Patrick's failure to respond to Commission correspondence, failure to install and operate Emergency Alert System (``EAS'') equipment, and failure to maintain a public inspection file. On November 27, 2001, the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture in the
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  • Memorandum Opinion and Order (``Order''), we grant in part and deny in part the petition for reconsideration filed on November 27, 2002, by Cornbelt Broadcasting Co. (``Cornbelt''). Cornbelt seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $17,000 to, for willfully and repeatedly violating Sections 11.35(a), 17.4(g), and 73.49 of the Commission's Rules (``Rules''). The noted violations involve Cornbelt's failure to have an operational Emergency Alert System (``EAS'') decoder, post the antenna structure registration (``ASR'') number, and enclose its antenna structure within effective locked fences or other enclosures. For the reasons discussed below, we reduce the monetary forfeiture to $1,000. II. BACKGROUND Cornbelt is the licensee
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  • such commission or omission is continuous, for more than one day.'' 47 U.S.C. � 312(f)(2). We also note that on July 18, 2002, the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') issued an NAL to Adelphia for an $8,000 forfeiture for failure to maintain operational EAS equipment at its Cullman, Alabama cable system in willful and repeated violation of Section 11.35(a) of the Rules, 47 C.F.R. � 11.35(a). See Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232480013 (Enf. Bur., Atlanta Office, released July 18, 2002). On October 3, 2002, Adelphia paid this $8,000 forfeiture in full. See, e.g., Dennis Elam, Trustee for Bakcor Broadcasting, Inc., Debtor, 11 FCC Rcd 1137 (1996) (forfeiture rescinded after bankruptcy trustee was appointed and the
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  • (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to L.T. Simes II and Raymond Simes (collectively, ``Simes''), licensee of FM station KAKJ, Marianna, Arkansas, and owners of an unregistered antenna structure located at geographic coordinates 34� 47' 20'' North latitude and 090� 47' 08'' West longitude near Marianna, Arkansas, for willful violation of Sections 11.35(a), 17.4(a) and 73.1350(a) of the Commission's Rules (``Rules''). The noted violations involve Simes's failure to ensure that Emergency Alert System (``EAS'') equipment was installed and operational at KAKJ, failure to register the antenna structure for KAKJ with the Commission, and failure to operate KAKJ in accordance with the terms of its station authorization. On July 22, 2002, the Commission's New
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  • 90.425 (Station Identification). Miami, FL Resident Agent Office (3/18/03). Dominic DeNaples, Dunmore, PA. $4,000 NAL. Philadelphia, PA District Office (3/27/03). PGA Tour, WPSE606, San Diego, CA. $12,000 NAL. Other violations: 47 C.F.R. �� 90.403 (General Operating Requirements) and 90.425 (Station Identification). San Diego, CA District Office (3/31/03). 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness Charles R. Meeker, KDPX-LP, Cathedral City, CA. $8,000 NAL. San Diego, CA District Office (1/31/03). M.J. Phillips Communications, Inc., WJJL, Niagara Falls, NY. $10,000 NAL. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Monitoring Requirements), 17.4(a) (Antenna Structure Registration) and 73.1560 (Operating Power and Mode Tolerances). Buffalo, NY Resident Agent Office (1/28/03). Pittman
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  • California ) MEMORANDUM OPINION AND ORDER Adopted: April 30, 2003 Released: May 2, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel an eight thousand dollar ($8,000) Notice of Apparent Liability for Forfeiture (``NAL'') issued to Smith Broadcasting of Santa Barbara, LP (``Smith''), licensee of Station KEYT(AM), for apparently violating Section 11.35(a) of the Commission's Rules (``Rules''). The alleged violation involves Smith's failure to have operational Emergency Alert System (``EAS'') equipment at Station KEYT(AM) from December 30, 2001 through February 13, 2002. II. BACKGROUND 2. On February 13, 2002, Commission agents from the Los Angeles, California Field Office (``Los Angeles Office'') conducted an inspection of Station KEYT(AM). During the inspection, the agents
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  • York ) FORFEITURE ORDER Adopted: May 5, 2003 Released: May 7, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Minority Business and Housing Development, Inc. (``Minority Business''), licensee of radio station WYGG, Asbury Park, New Jersey, for willful and repeated violation of Sections 11.35(a) and 73.1350(a) of the Commission's Rules (``Rules''). The noted violations involve Minority Business's failure to install Emergency Alert System equipment and failure to operate in accordance with the terms of the station authorization. 2. On December 30, 2002, the District Director of the Commission's Philadelphia, Pennsylvania Field Office (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
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  • (``Order''), we cancel the proposed monetary forfeiture in the amount of twelve thousand dollars ($12,000) issued to Lighthouse Broadcasting (``Lighthouse''), former licensee of Station WBIC(AM), Royston, Georgia, for failure to maintain operational Emergency Alert System (``EAS'') equipment and failure to reduce power at WBIC(AM) during post sunset hours and discontinue operation of WBIC(AM) at night, in apparent violation of Sections 11.35(a) and 73.1745 of the Commission's Rules (``Rules''). However, we conclude that Lighthouse violated Sections 11.35(a) and 73.1745 and admonish Lighthouse for these violations. On July 30, 2002, the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Lighthouse for a forfeiture in the amount of twelve thousand dollars ($12,000). Lighthouse filed a
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  • ) NAL/Acct. No. 200232280003 WBUG-FM ) Utica, New York ) FRN 0003-3986-74 FORFEITURE ORDER Adopted: June 12, 2003 Released: June 16, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800) to Roser Communications Network, Inc. (``Roser''), for repeated violations of Section 11.35(a) and 11.61(a) of the Commission's Rules (``Rules''). The noted violations involve Roser's failure to have a fully operational Emergency Alert System (``EAS'') installed, its failure to log the reasons for the failure of its EAS apparatus to receive test transmissions and its failure to transmit the required monthly EAS tests. On July 18, 2002, the Commission's Buffalo, New York, Resident
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  • Television System Serving ) FRN 0007-7421-41 Jefferson City, Missouri ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Mediacom, operator of the cable television system serving Jefferson City, Missouri, for willful violation of Section 11.35 of the Commission's Rules (``Rules''). The noted violation involves Mediacom's failure to maintain operational Emergency Alert System equipment. 2. On November 5, 2002, the District Director of the Commission's Kansas City, Missouri Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mediacom. Mediacom has not filed a response to
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  • No. 200232480007 Atlantic Beach, South Carolina ) FRN: 0006-1248-87 FORFEITURE ORDER Adopted: July 8, 2003 Released: July 10, 2003 By the Chief, Enforcement Bureau: I. Introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of $4,000 to Atlantic Beach Radio, Inc. (``Atlantic Beach Radio''), licensee of WMIR(AM), Atlantic Beach, South Carolina, for repeatedly violating Sections 11.35 and 73.1745 of the Commission's Rules (``Rules''). The noted violations involve Atlantic Beach Radio's failure to maintain operational Emergency Alert System (``EAS'') equipment and overpower nighttime operation. On June 24, 2002, the District Director of the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') issued a $12,000 Notice of Apparent Liability for Forfeiture (``NAL'') to Atlantic Beach Radio alleging repeated and
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  • Station KZBN(AM) ) FRN 0001-5306-33 Santa Barbara, California ) FORFEITURE ORDER Adopted: July 16, 2003 Released: July 18, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to Rotijefco, Inc. (``Rotijefco''), licensee of Station KZBN(AM), Santa Barbara, California, for willful violation of Section 11.35(a) and (b) of the Commission's Rules (``Rules''). The noted violation involves Rotijefco's failure to maintain operational Emergency Alert System (``EAS'') equipment at Station KZBN, and its failure to log the status of the non-operational equipment. On July 26, 2002, the Commission's Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Rotijefco
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  • FRN 0007-7339-26 Yauco, Puerto Rico ) FORFEITURE ORDER Adopted: July 17, 2003 Released: July 21, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Southern Broadcasting Corporation (``Southern''), licensee of Radio Broadcast Station WENA, Yauco, Puerto Rico, for willful and repeated violation of Section 11.35 of the Commission's Rules (``Rules''). The noted violation involves Southern's failure to install Emergency Alert System equipment at WENA. 2. On March 11, 2003, the Commission's San Juan, Puerto Rico Resident Agent Office (``San Juan Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Southern. Southern has not filed a response to the
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  • ) NAL/Acct. No. 200232940006 ) San Marcos, CA ) FRN 0003-7774-06 FORFEITURE ORDER Adopted: July 18, 2003 Released: July 22, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand eight hundred dollars ($1,800) to Blue Skies Broadcasting Corporation (``Blue Skies''), for willful violations of Sections 11.35(a) and 73.1125(c) of the Commission's Rules (``Rules''). The noted violations involve Blue Skies' failure to have an operational Emergency Alert System (``EAS'') installed, and its failure to have a main studio within the predicted Grade B contour of station KSKT-CA. On July 31, 2002, the Commission's San Diego, California, Field Office (``San Diego Office'') issued a Notice of Apparent Liability
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  • ORDER Adopted: August 14, 2003 Released: August 18, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we cancel a proposed monetary forfeiture in the amount of nine thousand dollars ($9,000), issued to American Family Association, Inc., (``AFA'') licensee of Radio Station KAUF-FM (``Station KAUF''), in Kennett, Missouri, for apparent willful violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8) of the Commission's Rules ("Rules"). The noted violations involve AFA's failure to have operational Emergency Alert System (``EAS'') equipment and failure to maintain all required items in the public inspection file (``public file''). While we cancel the proposed forfeiture, we admonish AFA for the public file violations. 2. On September 23, 2002, the District Director of
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  • FORFEITURE ORDER Adopted: August 27, 2003 Released: August 29, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Jean J. Suh d/b/a Radio Hankook (``Ms. Suh''), licensee of Station KSUH(AM), Puyallup, Washington, and Station KWYZ(AM), Everett, Washington, for willful violation of Sections 11.35(a), 11.61 and 17.4(g) of the Commission's Rules (``Rules''). The noted violations involve Ms. Suh's failure to have operational Emergency Alert System (``EAS'') equipment, failure to conduct required weekly and monthly EAS tests, and failure to post the Antenna Structure Registration number so that it is readily visible on or near the base of the KWYZ tower. On August 28, 2002,
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  • WCSZ(AM) ) FRN 0003-7751-78 San Souci, South Carolina ) FORFEITURE ORDER Adopted: January 30, 2003 Released: February 3, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to WHYZ Radio, L.P. (``WHYZ''), licensee of Station WCSZ(AM), San Souci, South Carolina, for willful violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Station WCSZ(AM)'s failure to have operational Emergency Alert System equipment. 2. On April 18, 2002, the District Director of the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to WHYZ. WHYZ has not filed a response to the
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  • replaced on the day before the inspection. We find that Clarke's replacement of the Chief Operator prior to the inspection demonstrates good faith and warrants mitigation of the proposed monetary forfeiture to $6,000. No mitigation is warranted for a history of overall compliance. On August 2, 2001, the San Francisco Office issued an NOV to Clarke for violations of Sections 11.35(a), 11.52(d), 11.61(a) and 73.182(a)(1) of the Rules (radio stations KVLM and KZSQ, Sonora, California) and, on August 16, 2001, the San Francisco Office issued an NOV to Clarke for violations of Section 11.52(b) and 73.182(a)(1) of the Rules (radio station KKBN, Sonora, California). Clarke, therefore, has no history of overall compliance. Nor is mitigation warranted on the basis of Clarke's
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  • ) ) ) ) File No. EB-02-AT-277 NAL/Acct No. 200232480016 FRN 0007-4715-50 FORFEITURE ORDER Adopted: October 28, 2003 Released: October 30, 2003 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000.00) to J & W Promotions, Inc. (``J & W''), for willful violations of Sections 11.35(a), 17.4(a) and 73.49 of the Commission's Rules (``Rules''). The noted violations involve J & W's failure to ensure that Emergency Alert System (``EAS'') equipment was installed and operational, to register its antenna structure with the Commission, and to maintain an effective locked fence around the base of the antenna structure. On August 28, 2002, the Commission's Atlanta, Georgia, Field Office
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  • WDGR(AM) ) FRN 0005-0483-35 Dahlonega, Georgia ) FORFEITURE ORDER Adopted: January 31, 2003 Released: February 4, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to Small Town Radio, Inc. (``Small Town''), licensee of Station WDGR(AM), Dahlonega, Georgia, for willful and repeated violation of Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules''). The noted violations involve Small Town's failure to maintain operational emergency alert system equipment and failure to enclose the station's antenna tower within an effective locked fence. 2. On November 13, 2002, the District Director of the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')
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  • 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 captioned broadcast license should be revoked.
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  • 0004-9693-58 Latitude by 87( 46' 09'' W Longitude in ) Bay Minnette, Alabama ) FORFEITURE ORDER Adopted: November 13, 2003 Released: November 17, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Southern Media Communications, Inc. (``SMC''), for willful violation of Section 11.35(a) and 17.4(a) of the Commission's Rules (``Rules''). The noted violations involve, respectively, SMC's failure to have operational Emergency Alert System (``EAS'') Equipment and its failure to register its antenna structure. On September 24, 2002, the Commission's Atlanta, Georgia, Field Office (``Atlanta Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') to SMC for a forfeiture in the amount of
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  • 0006-1631-09 FORFEITURE ORDER Adopted: December 17, 2003 Released: December 19, 2003 By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Hunt Broadcasting Group, Inc. (``Hunt''), licensee of radio stations KPWB(AM) and KPWB-FM, located in Piedmont, Missouri, for willful violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6), and 73.3526(e)(12) of the Commission's Rules (``Rules''). The noted violations involve Hunt's failure to provide an effective locked fence enclosing the base of station KPWB(AM)'s antenna, failure to provide transmitter control and monitoring capabilities, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain all required items in the joint public inspection file for KPWB(AM)
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  • System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation) and 73.1870 (Chief Operator). Detroit, MI District Office (12/30/02). 47 C.F.R. � 1.903 - Authorization Required Horizon Communications, Cliffside Park, NJ. $10,000 NAL. Other violation: 47 C.F.R. � 90.425 (Station Identification). Philadelphia, PA District Office (12/5/02). 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness Minority Business and Housing Development, Inc., WYGG, Uniondale, NY. $13,000 NAL. Other violation: 47 C.F.R. � 73.1350 (Transmission System Operation). Philadelphia, PA District Office (12/30/02). 47 C.F.R. � 11.52 -- EAS Code and Attention Signal Monitoring Requirements MRJ, Inc., Pineville, WV. $22,000 NAL. Other violations: 47 C.F.R. �� 17.4 (Antenna Structure Registration), 73.49 (AM Transmission Fencing
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  • FRN: 0003 7652 52 MEMORANDUM OPINION AND ORDER Adopted: December 23, 2003 Released: December 30, 2003 By the Chief, Enforcement Bureau: INTRODUCTION In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of eight thousand dollars ($8,000), issued to Radio Lake Placid, Inc. (``Lake Placid'') for its apparent willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The alleged violation involved Lake Placid's failure to install an operational Emergency Alert System (``EAS''). On October 3, 2002, the Resident Agent of the Commission's Buffalo, New York Field Office (``Buffalo Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Lake Placid for $8,000. On November 1, 2002, Lake Placid filed a response
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  • review the station logs at least once each week to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated these rules. On September 23, 2002, the Kansas City Office issued an NAL for a $9,000 forfeiture to AFA for violations of Sections 11.35(a) (failure to maintain operational EAS equipment) and 73.3527(e) (failure to maintain all required items in the station's public file) at KAUF-FM. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232560027 (Enf. Bur., released September 23, 2002). In its response to the NAL, AFA disputes that it violated the EAS rule, but admits that it violated the public inspection file rule.
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  • Blountstown, Florida ) ) FORFEITURE ORDER Adopted: April 14, 2004 Released: April 16, 2004 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Blountstown Communications, Inc. (``Blountstown''), licensee of AM radio station WYBT and FM radio station WPHK, Blountstown, Florida, for willful violations of Sections 11.35, 73.49 and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations involve Blountstown failing to ensure that the Emergency Alert System equipment was operational, failing to enclose the base of the antenna system within an effective locked fence and failing to make available a complete public file. 2. On December 16, 2003, the District Director of the Commission's Tampa, Florida
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  • and Order ("Order") we deny the Petition for Reconsideration filed by Small Town Radio, Inc. (``Small Town''), licensee of Station WDGR(AM), Dahlonega, Georgia. Small Town seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of fifteen thousand dollars ($15,000), for willful and repeated violation of Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules''). The noted violations involve Small Town's failure to maintain operational emergency alert system (``EAS'') equipment and failure to enclose the station's antenna tower within an effective locked fence. II. BACKGROUND On October 21, 2002, an agent from the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') inspected radio station WDGR. The agent observed that
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  • 30, 2004 Released: May 4, 2004 By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand four hundred dollars ($5,400) to Petracom of Texarkana, LLC (``Petracom''), licensee of Station KPGG(FM), Ashdown, Arkansas for failure to install Emergency Alert System (``EAS'') equipment in willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). background On January 30, 2003, the Commission's Dallas, Texas Office (``Dallas Office'') conducted an on-site inspection of Station KPGG(FM). The inspection revealed that the station's EAS equipment had been removed for repairs on October 16, 2003, that the equipment had not been returned to service within sixty days of removal, and that the station had
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  • ) FRN 0006-1472-19 ) FORFEITURE ORDER Adopted: May 17, 2004 Released: May 19, 2004 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nineteen thousand dollars ($19,000) to Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KWYD in Colorado Springs, Colorado, for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules ("Rules"). The noted violations involve Pilgrim's failure to have fully operational Emergency Alert System ("EAS") equipment, its failure to maintain the requisite main studio presence, its failure to reduce KWYD's power at sunset to the nighttime level required by the station authorization, its failure to increase KWYD's power at sunrise to the
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  • INTRODUCTION In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of eight thousand dollars ($8,000) issued to Fayette County Broadcasting Company, Inc. (``Fayette County Broadcasting''), former licensee of Station WSTN(AM), Somerville, Tennessee, for failure to install operational Emergency Alert System (``EAS'') equipment at its station in apparent willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). While we cancel the forfeiture for a demonstrated inability to pay, we admonish Fayette County Broadcasting for its willful and repeated violation of Section 11.35(a) of the Rules. II. BACKGROUND On August 6, 2002, an agent from the Commission's Atlanta Office (``Atlanta Office'') inspected Station WSTN(AM). The agent found that EAS equipment was installed but
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  • WYGG, Asbury Park, New Jersey, of the Forfeiture Order issued on May 7, 2003. The Forfeiture Order imposed a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) against MBHD for its failure to operate its station as authorized and to install Emergency Alert System (``EAS'') equipment at the station, in willful and repeated violation of Sections 73.1350(a) and 11.35(a) of the Commission's Rules (``Rules''). BACKGround In 2002, the Commission's Philadelphia, Pennsylvania Field Office (``Field Office'') conducted on-site inspections of, and investigated a complaint regarding, Station WYGG's operations. The Field Office's investigation resulted in the issuance of Notices of Violations on May 30, 2002, and July 24, 2002, and ultimately the issuance of a Notice of Apparent Liability for Forfeiture
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  • FRN: 0005-0045-51 ) FORFEITURE ORDER Adopted: June 2, 2004 Released: June 4, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Floyd County Broadcasting Company, Inc. (``Floyd County Broadcasting''), the licensee of WMDJ-FM, Allen, Kentucky for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Floyd County Broadcasting's failure to have Emergency Alert System (``EAS'') equipment installed and operating. On November 6, 2002, the Commission's Detroit, Michigan District Office (``Detroit Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') to Floyd County Broadcasting in the amount of eight thousand dollars ($8,000). Floyd County Broadcasting filed
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  • of WBLB ) NAL/Acct. No. 200432640001 Pulaski, Virginia ) FRN 8693277 ) FORFEITURE ORDER Adopted: June 8, 2004 Released: June 14 , 2004 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to WBLB, Inc. (``WBLB''), licensee of AM station WBLB, for repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves WBLB's failure to have its Emergency Alert System transmitting functions available during times the station is in operation. On March 11, 2004, the Resident Agent of the Commission's Norfolk, Virginia Field Office (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to WBLB. WBLB
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  • antenna structure #1222577 in Caddo Mills, Texas. We find that Renaissance Radio failed to maintain operational Emergency Alert System (``EAS'') equipment, failed to exhibit all red obstruction lighting on the antenna structure from sunset to sunrise, and failed to maintain an effective locked fence around the base of its AM antenna tower in apparent willful and repeated violation of Sections 11.35(a), 17.51(a), and 73.49 of the Commission's Rules (``Rules''). While we cancel the forfeiture for a demonstrated inability to pay, we admonish Renaissance Radio for its willful and repeated violation of Sections 11.35(a), 17.51(a), and 73.49 of the Rules. background On November 13, 2002, an agent of the Commission's Dallas, Texas Office (``Dallas Office'') conducted an on-site inspection of Station KCAF(AM).
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  • the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to M.J. Phillips Communications, Inc. (``M.J. Phillips''), licensee of AM Station WJJL, Niagara Falls, New York, for its willful and repeated violations of the power restriction, Emergency Alert System (``EAS'') and antenna structure requirements of Sections 73.1560(a)(1), 11.35(a), 11.52(d) and 17.4(a) of the Commission's Rules (``Rules''). background On September 17 and 18, 2002, the Commission's Buffalo, New York Office (``Buffalo Office'') conducted on-site inspections of Station WJJL. The inspections revealed that the station had been exceeding its authorized power limits by more than 105 percent, that its Emergency Alert System (``EAS'') equipment had not been fully operational, and
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  • ) FORFEITURE ORDER Adopted: July 1, 2004 Released: July 2, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand four hundred ($6,400) to Charles R. Meeker (``Meeker''), Licensee of Class A Television Broadcast (``Class A'') station KDPX-LP, for willful and repeated violation of Section 11.35 of the Commission's Rules ("Rules"). The noted violation involves Meeker's failure to ensure that required Emergency Alert System (``EAS'') equipment was installed and operational. 2. On January 31, 2003, the Commission's San Diego, California Field Office (``San Diego Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") to Meeker in the amount of eight thousand dollars ($8,000). Meeker filed
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  • NAL/Acct. No. 200432900005 Victorville, California ) FRN 0007940810 ) FORFEITURE ORDER Adopted: July 7, 2004 Released: July 9, 2004 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to Sunbelt Television, Inc. (``Sunbelt''), licensee of TV broadcast station KHIZ(TV), Victorville, California, for repeated violation of Section 11.35(a) and 11.61(a)(1) of the Commission's Rules (``Rules''). The noted violation involves Sunbelt's failure to conduct required monthly Emergency Alert System (``EAS'') tests and to determine the cause of failures to receive required EAS tests. On April 12, 2004, the Resident Agent of the Commission's Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture
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  • the amount of three thousand dollars ($3,000) to Pittman Broadcasting Services, LLC (``Pittman''), licensee of radio broadcast stations KAOK(AM), Lake Charles, Louisiana, and KAOK-FM, DeRidder, Louisiana, for willful violation of Section 73.49 of the Commission's Rules (``Rules''), and cancel the proposed monetary forfeiture in the amount of eight thousand dollars ($8,000) because we now conclude Pittman did not violate Section 11.35(a) of the Rules. The noted rules involve Pittman's failure to maintain an effective locked fence enclosing its antenna tower for KAOK(AM) and rules regarding maintaining operational Emergency Alert System (``EAS'') equipment at both stations. In a February 14, 2003 Notice of Apparent Liability for Forfeiture (``NAL''), the District Director of the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'')
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  • case, we considered reducing the proposed forfeiture in paragraphs 13-17 above and found that a reduction is warranted on the basis of a history of overall compliance and good faith. We have examined the Radio One orders and find nothing which supports a different result. Radio One involved a monetary forfeiture originally imposed for willful violation of the following Rules: 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 73.1125(e) (failure to establish a local or toll-free telephone number in the community of license); 73.1350(c)(1) (failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power); 73.1800(a) (failure to maintain a station log); and 73.3526(a)(2) (failure to maintain a public inspection file). In a series of rulings,
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  • in support of its request for cancellation or reduction, JMK states that it has ``an overall past history of compliance with the Commission's rules.'' After a review of Commission records, we have determined that no mitigation is warranted for a history of overall compliance. On March 4, 2004, the Columbia Office issued an NAL to JMK for violations of Sections 11.35(a), 73.1745(a), 73.3526(e)(5) and 73.3526(e)(12) of the Rules at Radio Station WPWC, Dumfries-Triangle, VA, licensed to JMK. JMK, therefore, has no history of overall compliance. 12. Considering the entire record and the factors listed above, we find that there is no basis for cancellation or reduction of the proposed monetary forfeiture. Accordingly, we find that JMK willfully violated Sections 1.89, 73.1125(a),
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  • NAL/Acct. No. 200332940004 FRN 000-425-6426 FORFEITURE ORDER Adopted: August 19, 2004 Released: August 23, 2004 By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Playa del Sol Broadcasters (``Playa del Sol''), licensee of station KRCK-FM, Mecca, California, for willful and repeated violation of Sections 11.35, 11.61, and 73.1125 of the Commission's Rules (``Rules''). The noted violations involve Playa del Sol's failure to ensure that required Emergency Alert System (``EAS'') equipment was operational, failure to conduct required tests of KRCK-FM's EAS equipment and failure to maintain a main studio. 2. On March 31, 2003, the Commission's San Diego, California Office (``San Diego Office'') issued a Notice
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  • � � P P P P P � � � 8 P P � � � � Bay Minnette, Alabama ) ) ) ) ) ) ) ) File No. EB-02-AT-304 NAL/Acct. No. 200232480021 FRN 0004-9603-58 Adopted: September 15, 2004 Released: September 17, 2004 By the Chief, Enforcement Bureau: Emergency Alert System (``EAS'') and antenna structure registration requirements of Sections 11.35(a) and 17.4(a) of the Commission's Rules (``Rules''). In this Order, we lower the forfeiture to $9,000. In its petition for reconsideration, Southern Media does not deny that, when the Commission's Atlanta, Georgia Field Office (``Field Office'') inspected the station's facilities in August of 2002, its EAS equipment was not operational and its antenna structure was not registered. Southern Media nevertheless
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  • EB-04-OR-103 NAL/Acct. No.200432620005 FRN 0007689243 FORFEITURE ORDER Adopted: September 29, 2004 Released: October 1, 2004 By the Assistant Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Delta Radio Greenville, LLC (``Delta''), licensee of radio station WROX(AM), Clarksdale, Mississippi, for willful and repeated violation of Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules''). The noted violations involve Delta's failure to maintain operational Emergency Alert System (``EAS'') equipment and failure to enclose its antenna structure within an effective locked fence or other enclosure. background On May 12, 2004, an agent of the Commission's New Orleans Field Office of the Enforcement Bureau (``New Orleans Office'') observed the antenna
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  • 30, 2004 Released: October 4, 2004 By the Assistant Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to The Paradise Network of North Carolina, Inc. (``TPN''), licensee of AM radio stations WHNC, Henderson, North Carolina and WCBQ, Oxford, North Carolina, for willful and repeated violation of Sections 11.35 and 73.3526(c)(1) of the Commission's Rules (``Rules''). The noted violations involve TPN's failure to install and maintain Emergency Alert System (``EAS'') equipment and failure to make available for inspection the complete public inspection file. 2. On June 23, 2004, the Resident Agent of the Commission's Norfolk, Virginia Field Office (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')
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  • WQMA(AM) ) Marks, Mississippi ) FRN: 0005015425 ) FORFEITURE ORDER Adopted: October 5, 2004 Released: October 8, 2004 By the Assistant Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to Jason Konarz (``Konarz''), licensee of radio station WQMA(AM), Marks, Mississippi, for willful and repeated violation of Sections 11.35(a), 73.1745(a), and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations involve Konarz's failure to install and maintain operational Emergency Alert System (``EAS'') equipment, failure to operate consistent with authorized power levels and discontinue operating at night, and failure to make available for inspection all of the required materials in the station's public inspection file. 2. On July 21, 2004,
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  • 60 FORFEITURE ORDER Adopted: October 13, 2004 Released: October 15, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Capital Media Corporation (``Capital Media''), licensee of radio stations WHAZ, WBAR-FM, WMYY and WMNV, for willful and repeated violation of Sections 11.35(a) and 11.61(b) of the Commission's Rules ("Rules") by failing to maintain station records of required monthly and weekly Emergency Alert System (``EAS'') test messages. 2. On March 1, 2004, the Commission's New York Field Office (``New York Office") issued a Notice of Apparent Liability for Forfeiture ("NAL"), to Capital Media for a proposed forfeiture in the amount of four thousand
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  • 15, 2004 By the Assistant Chief, Enforcement Bureau introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to Victory & Power Ministries, Inc. (``VPM''), licensee of Station WPFC(AM), Baton Rouge, Louisiana for willful violations of the Emergency Alert System (``EAS''), the antenna fencing and the public file requirements of Sections 11.35(a), 73.49 and 73.3526(c) of the Commission's Rules (``Rules''). Background On November 13, 2002, the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'') inspected Station WPFC(AM)'s facilities, and observed that the EAS equipment was not operational or tested, that EAS tests were not logged, that the fence enclosing its antenna structure was not locked, and that the public file could
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  • No. 200432500001 FRN 0005733662 FORFEITURE ORDER Adopted: October 14, 2004 Released: October 19, 2004 By the Assistant Bureau Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a forfeiture in the amount of twenty-five thousand dollars ($25,000) to Paulino Bernal Evangelism (``Paulino''), licensee of radio broadcast station KBRN(AM), Boerne, Texas, for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted rule violations involve its failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the hours of station operation, and failure to make available a public inspection file. In a December 19, 2003 Notice of Apparent Liability for
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  • October 18, 2004 Released: October 21, 2004 By the Assistant Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand three hundred dollars ($1,300) to Big Island Radio (``Big Island''), former licensee of Station KHWI(FM), Hilo, Hawaii, for its repeated violations of the Emergency Alert System (``EAS'') requirements of Sections 11.35(a) and 11.61 of the Commission's Rules (``Rules''). background On March 11, 2004, the Commission's Honolulu, Hawaii Field Office (``Field Office'') released a Notice of Apparent Liability for Forfeiture (``NAL''). The NAL found that Station KHWI failed to receive and retransmit the EAS Required Monthly Test (``RMT'') between March and May 1, of 2003, and further failed to receive and retransmit
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  • the amount of twenty-one thousand dollars ($21,000) to Jesse C. Ross and Ernestine A. Ross, (``Ross''), the licensee of AM radio station WSAO, Senatobia, Mississippi and owner of the antenna structure at North 34 36' 56'' latitude, West 089 56' 09'' longitude, for willful and repeated violation of Section 17.4(a) of the Commission's Rules (``Rules'') and willful violation of Sections 11.35(a) and 73.3526(c)(1) of the Rules. The noted violations involve Ross's failure to register its antenna structure for radio station WSAO, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to make available all required public file documents during regular business hours. On March 18, 2003, the Commission's New Orleans, Louisiana District Office (``New Orleans Office'') issued a Notice
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  • 000-497-4044 ) FORFEITURE ORDER Adopted: November 8, 2004 Released: November 10, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand four hundred ($6,400) to Desert Television LLC (``Desert''), licensee of Class A Television Broadcast Station KPSP-LP, for willful and repeated violation of Section 11.35 of the Commission's Rules ("Rules"). The noted violation involves Desert's failure to ensure that required Emergency Alert System (``EAS'') equipment was installed and operational. 2. On March 31, 2003, the Commission's San Diego, California Field Office (``San Diego Office") issued a Notice of Apparent Liability for Forfeiture ("NAL"), to Desert for a forfeiture in the amount of eight thousand dollars
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  • 20, 2004 Released: February 23, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Aracelis Ortiz, Executrix for the Estate of Carlos Ortiz (``Aracelis Ortiz''), licensee of Class A Television Broadcast station KCOS-LP, Phoenix, Arizona, for willfully violating Sections 73.1125(c) and 11.35(a) of the Commission's Rules (``Rules''). The noted violations involve Aracelis Ortiz's failure to ensure that required Emergency Alert System (``EAS'') equipment was operational at station KCOS-LP and Mrs. Ortiz's failure to have a main studio at a location within KCOS-LP's predicted Grade B contour on June 25, 2002. 2. On September 30, 2002, the District Director of the Commission's San
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  • filed by WBLB, Inc. (``WBLB''), licensee of Station WBLB(AM), Pulaski, Virginia, of the Forfeiture Order issued on June 14, 2004, and reduce the assessed forfeiture amount to one thousand five hundred dollars ($1,500). The Forfeiture Order imposed a monetary forfeiture in the amount of eight thousand dollars ($8,000) for repeated violation of the Emergency Alert System (``EAS'') requirements of Section 11.35(a) of the Commission's Rules (``Rules''). background On March 26, 2003 and on February 26, 2004, the Commission's Norfolk, Virginia Field Office (``Norfolk Office'') conducted on-site inspections of Station WBLB(AM)'s facilities. The station's EAS equipment malfunctioned (i.e., did not interrupt programming and did not transmit EAS attention signals) during both inspections. As a result of the inspections, the Norfolk Office released
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  • No. 200432700011 FRN: 0005-0080-16 FORFEITURE ORDER Adopted: December 22, 2004 Released: December 23, 2004 By the Assistant Chief, Enforcement Bureau: INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to Rama Communications (``Rama''), licensee of AM radio station WLAA, Winter Garden, Florida, for willful and repeated violation of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to make available the required public file documents during regular business hours. 2. On March 5, 2004, the Commission's Tampa, Florida District Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Rama for
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  • denied, 15 FCC Rcd 303 (1999) (``Policy Statement''). Section 503(b) of the Act requires that the Commission, in examining JMK's response, take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. Section 11.35(a) of the Rules requires that broadcast stations have EAS equipment installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation. The investigating agent found that JMK had violated Section 11.35(a) of the Rules because the EAS monitoring and transmitting functions were not available to the station operators at their normal
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  • to such a reduction, however. Though the Commission has taken no prior action against Petracom, the Commission has acted against one of Petracom's sister companies, Petracom of Texarkana, L.L.C. On May 2, 2003, the Commission's Dallas, Texas Field Office issued an NAL to Petracom of Texarkana, L.L.C. as licensee of FM Station KPGG, Dallas, Texas, for a violation of Section 11.35(a) of the Rules (also an EAS violation). Petracom of Texarkana L.L.C. is also a subsidiary of Petracom Media, L.L.C. When a parent or sister company has previously received notice of a violation from the Commission, it is as if the company at issue has received the notice, and the company at issue will not qualify for a reduction based on
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  • enforceable instrument whether executed by telecopy or by original signatures. RADIO & INVESTMENTS, INC. By: ___________________________ Kenneth R. Noble II, President Date: ___________________________ ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION By: _____________________________ David H. Solomon, Chief Date: ____________________________ TABLE I VIOLATIONS Violation Citation Station(s) Unauthorized Transfer of Control 47 U.S.C. � 310(d) KFRA, KDDK Failure to Install/Maintain EAS Equipment 47 C.F.R. �� 11.35, 73.1250, 73.1300, 73.1350(h) KFRA, KDDK Failure to Register Antenna Structure and Post Registration 47 C.F.R. � 17.4(a)(1), (g) KDDK Failure to Maintain/Staff Main Studio 47 C.F.R. � 73.1125 KFRA, KDDK Failure to Designate Chief Operator 47 C.F.R. �� 73.1350(a)-(c), 73.1870 KFRA, KDDK Excess operating power 47 C.F.R. � 73.1560(b) KDDK Failure to conduct equipment performance measurements 47 C.F.R. � 73.1590(a)(6)
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  • codes and EAS equipment requirements. Need: Establishing quality and compatibility standards for EAS equipment will ensure technological interoperability and result in delivery of responsive, robust, and redundant emergency messaging. Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and 606. Section Number and Title: 11.31 EAS Protocol. 11.32 EAS Encoder. 11.33 EAS Decoder. 11.34 Acceptability of the Equipment. 11.35 Equipment operational readiness. SUBPART C -- ORGANIZATION Brief Description: These rules describe participation standards and acceptable uses of EAS for all participating entities. The rules also set message priorities from the Presidential level down to the state and local levels. Need: By setting participation standards and acceptable uses, these rules ensure the integrity of EAS for the Presidential message priority
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  • ORDER Adopted: July 19, 2005 Released: July 21, 2005 By the Regional Director, Western Region, Enforcement Bureau: In this Memorandum Opinion and Order (``Order''), we cancel a two thousand dollar ($2,000) Notice of Apparent Liability for Forfeiture (``NAL'') issued to Morongo Basin Broadcasting Corporation (``Morongo''), licensee of KCDZ(FM), in Twenty Nine Palms, California, for its apparent repeated violations of Sections 11.35(a) and 11.61 of the Commission's Rules ("Rules"). The alleged violations involved failure by Morongo to ensure that Emergency Alert System (``EAS'') monitoring and transmitting functions were available during the time the station was in operation. Based on our review of Morongo's response to the NAL, including its extensive efforts to implement a comprehensive EAS compliance plan prior to the FCC
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  • 0009075656 FORFEITURE ORDER Adopted: July 25, 2005 Released: July 27, 2005 By the Regional Director, South Central Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to Twenty-One Sound Communications, Inc. (``Twenty-One Sound''), licensee of Station KNSX(FM) in Steelville, Missouri, for willful and repeated violation of Sections 11.35(a), 73.1125(a), and 73.3526(a) of the Commission's Rules (``Rules''). The noted violations involve Twenty-One Sound's failure to maintain Emergency Alert System (``EAS'') equipment in operational readiness condition, failure to maintain a main studio in compliance with the Rules, and failure to maintain a complete public inspection file. background On March 1, 2005, an agent with the Commission's Kansas City Office of
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  • In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration (``petition'') filed by Pilgrim Communications, Inc. (``Pilgrim''), licensee of Station KWYD(AM), Colorado Springs, Colorado. Pilgrim seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $19,000 for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules (``Rules''). II. BACKGROUND On November 20, 2002, the Commission's Denver, Colorado Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $19,000 to Pilgrim. The NAL was based on findings by the Denver Office that: between March 2001 and August 22, 2001, Pilgrim did not
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  • EB-04-ST-066 NAL/Acct. No. 200532980002 FRN 0009705435 FORFEITURE ORDER Adopted: August 29, 2005 Released: August 31, 2005 By the Regional Director, Western Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Rafael C. Guerrero, licensee of station KRSC(AM), in Othello, Washington, for willful and repeated violation of Section 11.35 of the Commission's Rules ("Rules"). The noted violation involves Mr. Guerrero's failure to maintain operational EAS equipment at KRSC(AM). 2. On March 7, 2005, the Acting District Director of the Commission's Seattle District Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mr. Guerrero. Mr. Guerrero has not filed a response to the
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  • within the community of license, within the principal community contour of any broadcast station licensed to the station's community of license, or within twenty-five miles from the reference coordinates of the center of its community of license. We also cancel the proposed forfeiture issued to Clamor for failing to maintain operational Emergency Alert System (``EAS'') equipment in violation of Section 11.35 of the Rules. background In March of 2000, an agent from the Commission's San Juan, Puerto Rico Resident Agent Office of the Enforcement Bureau (``San Juan Office'') inspected radio station WJVP-FM. The San Juan Office issued to Clamor a Notice of Violation for failure to maintain a main studio in violation of Section 73.1125 of the Rules and failure to
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  • NAL/Acct. No. 200532560003 FRN 0009498346 FORFEITURE ORDER Adopted: October 17, 2005 Released: October 19, 2005 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Maria L. Salazar, licensee of station KTCM, in Kingman, Kansas, for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules'') and willful violation of Section 73.3526(e) of the Rules. The noted violations involve Ms. Salazar's failure to maintain operational emergency alert system (``EAS'') equipment and failure to maintain a complete public inspection file. 2. On August 4, 2005, the District Director of the Commission's Kansas City Field Office (``Kansas City Office'') issued a Notice of
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  • By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed by Twenty-One Sound Communications, Inc. (``Twenty-One Sound'') of the Forfeiture Order issued July 27, 2005. The Forfeiture Order imposed a monetary forfeiture in the amount of $18,000 on Twenty-One Sound for the willful and repeated violation of Sections 11.35(a), 73.1125(a), and 73.3526(a) of the Commission's Rules (``Rules''). The noted violations involved Twenty-One Sound's failure to maintain Emergency Alert System (``EAS'') equipment in operational readiness condition, failure to maintain a main studio in compliance with the Rules, and failure to maintain a complete public inspection file. II. BACKGROUND On March 1, 2005, an agent with the Kansas City Office of
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  • ORDER Adopted: February 7, 2005 Released: February 9, 2005 By the Assistant Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Halifax Christian Community Church, Inc., (``Halifax'') licensee of low power FM (``LPFM'') radio station WFBO-LP, Flagler Beach, Florida, for willful and repeated violation of Sections 11.35, 73.840, 73.845, and 73.1660(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Halifax's failure to install and maintain operational Emergency Alert System (``EAS'') equipment and its overpower operation with a non-certified transmitter from an unauthorized location. background In response to a complaint, agents of the Enforcement Bureau's Tampa Office (``Tampa Office'') investigated station WFBO-LP in Flagler Beach, Florida. On
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  • February 8, 2005 Released: February 10, 2005 By the Assistant Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand eight hundred dollars ($4,800) to Kimtron, Inc. (``Kimtron''), licensee of AM Station WPTR, Albany, New York and Station WDCD-FM, Clifton Park, New York, for willful and repeated violation of Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Commission's Rules (``Rules''). The noted violations involve Kimtron's failure to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and failure to maintain station records of required monthly and weekly EAS test messages. On January 13, 2004, the Commission's New York, New York District Office (``New York Office'') issued a Notice of
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  • FRN 0004059317 ) FORFEITURE ORDER Adopted: February 24, 2005 Released: February 28, 2005 By the Assistant Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand four hundred dollars ($6,400) to O'hana Radio Partners (``O'hana''), licensee of FM radio Station KAWV, Lihue, Hawaii, for willful and repeated violation of Section 11.35(a) of the Commission's Rules ("Rules"). The noted violation involves O'hana's failure to have Emergency Alert System (``EAS'') equipment installed and operational at Station KAWV. On March 22, 2004, the Commission's Honolulu, Hawaii Resident Agent's Office (``Honolulu Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to O'hana for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-480A1_Erratum.doc
  • FRN 0004059317 ) FORFEITURE ORDER Adopted: February 24, 2005 Released: February 28, 2005 By the Assistant Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand four hundred dollars ($6,400) to O'hana Radio Partners (``O'hana''), licensee of FM radio Station KAWV, Lihue, Hawaii, for willful and repeated violation of Section 11.35(a) of the Commission's Rules ("Rules"). The noted violation involves O'hana's failure to have Emergency Alert System (``EAS'') equipment installed and operational at Station KAWV. On March 22, 2004, the Commission's Honolulu, Hawaii Resident Agent's Office (``Honolulu Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to O'hana for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND
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  • petition for reconsideration filed by Aracelis Ortiz, Executrix for the Estate of Carlos Ortiz (``Aracelis Ortiz'') licensee of Class A Television Broadcast Station KCOS-LP, Phoenix, Arizona. Aracelis Ortiz seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau (``Bureau''), found her liable for a monetary forfeiture in the amount of $12,000 for willful violation of Sections 73.1125(c) and 11.35(a) of the Commission's Rules (``Rules''). The noted violations involve Aracelis Ortiz's failure to ensure that required Emergency Alert System (``EAS'') equipment was operational at Station KCOS-LP and Mrs. Ortiz's failure to have a main studio at a location within KCOS-LP's predicted Grade B contour on June 25, 2002. II. BACKGROUND 2. After conducting an investigation and determining that Aracelis Ortiz
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  • Order (``Order''), we grant in part and deny in part the petition for reconsideration filed by M.J. Phillips Communications, Inc. (``M.J. Phillips''), licensee of AM Station WJJL, Niagara Falls, New York. M.J. Phillips seeks reconsideration of a Forfeiture Order issued on June 23, 2004, in the amount of ten thousand dollars ($10,000) for willful and repeated violations of Sections 73.1560(a)(1), 11.35(a), 11.52(d) and 17.4(a) of the Commission's Rules (``Rules''). The noted violations involve M.J. Phillips' use of excessive power; its failure to have fully operational Emergency Alert System (``EAS'') equipment; its failure to monitor, test and log the tests of its EAS equipment on a regular basis; and its failure to register its antenna structure. For the reasons discussed below, we
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  • FORFEITURE ORDER Adopted: June 27, 2006 Released: June 29, 2006 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Farmworkers Educational Radio Network, Inc. (``Farmworkers''), the licensee of FM Broadcast Radio station KCEC-FM in Wellton, Arizona, for repeatedly violating Section 11.35 of the Commission's Rules (``Rules''). On July 20, 2005, the Enforcement Bureau's San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Farmworkers for failing to ensure the operational readiness of KCEC-FM's Emergency Alert System (``EAS'') equipment. In this Order, we consider Farmworkers' arguments that the EAS transmission equipment was fully operational, and that the proposed forfeiture
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  • antenna structure at North 34� 36' 56'' latitude, West 089� 56' 09'' longitude. Ross seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Section 17.4(a) of the Commission's Rules (``Rules'') and for willful violation of Sections 11.35(a) and 73.3526(c)(1) of the Rules. The noted violations involve Ross's failure to register its antenna structure for radio station WSAO, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to make available all required public file documents during regular business hours. BACKGROUND On November 20, 2002, an agent from the Bureau's New Orleans Office inspected WSAO. At the
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  • In this Memorandum Opinion and Order (``Order''), we deny a petition for reconsideration filed by Paulino Bernal Evangelism (``Evangelism''), former licensee of AM broadcast station KBRN, Boerne, Texas. Evangelism filed for reconsideration of a Bureau Forfeiture Order issued to Evangelism on October 19, 2004, in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules (``Rules''). The noted rule violations involve Evangelism's failure to maintain a main studio in its community of license, failure to install and maintain operational Emergency Alert System (``EAS'') equipment during the hours of station operation, and failure to make the station's public inspection file available. II. BACKGROUND On October 28, 2003, an agent from
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  • the Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed by Jason Konarz, licensee of station WQMA(AM) in Marks, Mississippi, of the Forfeiture Order issued October 8, 2004. The Forfeiture Order imposed a monetary forfeiture in the amount of $20,000 to Mr. Konarz for willful and repeated violations of Sections 11.35(a), 73.1745(a), and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations involved Mr. Konarz's failing to maintain operational Emergency Alert System (``EAS'') equipment, operating his station with excessive power and failing to discontinue operation at night, and failing to make available for inspection all of the required materials in the station's public inspection file. II. BACKGROUND On May 11 and
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  • 27, 2006 Released: September 29, 2006 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Richard A. & Joann R. Peterson, Joint Tenants (``Petersons''), licensees of AM Broadcast Radio station KBSZ in Wickenburg, Arizona, for willfully and repeatedly violating Section 11.35 of the Commission's Rules (``Rules''). On November 18, 2005, the Enforcement Bureau's San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to the Petersons for failing to ensure the operational readiness of KBSZ(AM)'s Emergency Alert System (``EAS'') equipment. In this Order, we consider the Peterson's arguments that the station was complying with EAS testing requirements and that
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  • Atlantic City, New Jersey metropolitan area. The purpose of the investigation was to determine whether Broadband violated (1) Section 301 of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. � 301, by operating without certain required Commission authorizations; (2) Section 310(d) of the Act, 47 U.S.C. 310(d), by participating in an unauthorized transfer of control, and (3) Section 11.35 of the Commission's rules, 47 C.F.R. �11.35, by failing to install Emergency Alert System equipment. The Bureau and Broadband have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent
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  • GITC, with GITC emerging as the surviving corporation. Upon consummation, GITC will be indirectly owned by FairPoint through MJD, and GLDC will be a wholly-owned indirect subsidiary of MJD and FairPoint. FairPoint is publicly traded corporation with the following two entities holding 10 percent or greater of the common voting stock: Thomas H. Lee Equity Fund IV, L.P. (THL Equity) (11.35 percent) and Wellington Management Company, L.L.P (Wellington) (14 percent). THL Equity Advisors, IV, LLC is general partner to THL Equity, and is controlled in turn by Thomas H. Lee Partners, LP of which Kent R. Weldon, a U.S. citizen, is Managing Director. Perry Traquina, a U.S. citizen, is the President, Chief Executive Officer and Managing Partner of Wellington. This authorization
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  • Date: _______________ R&M BROADCASTING, INC. ___________________________________ By: Jack Reynolds, President Date: _______________ These rules include the main studio rule, 47 C.F.R. � 73.1125, the chief operator rule, 47 C.F.R. � 73.1350 (a)-(c), the station log rules, 47 C.F.R. �� 73.1800, 73.1820, and 73.1840, the public file rule, 47 C.F.R. � 73.3526, and the Emergency Alert System rules, 47 C.F.R. �� 11.35, 73.1250, 73.1300, and 73.1350(h). 47 U.S.C. � 154(i). 47 C.F.R. �� 0.111, 0.311. See 47 U.S.C. � 310(d); 47 C.F.R. �� 73.3540. See 47 C.F.R. � 73.1125. (...continued from previous page) (continued....) Federal Communications Commission DA 06-2333 Federal Communications Commission DA 06-2333 h h gd gd h F ' ( 0 0 ' ( 0 0 ~ � ^� ~
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  • 22, 2003. After considering JMK's response to the LOI, the Columbia Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to JMK in the amount of $22,000 for: (1) failing to ensure that WPWC's EAS monitoring and transmitting functions were available and operational during the times the station was in operation, in apparent willful and repeated violation of Section 11.35(a) of the Rules; (2) operating at unauthorized power levels, in apparent willful and repeated violation of Section 73.1745(a) of the Rules; (3) failing to place into the public inspection file the most current ownership report, in apparent willful and repeated violation of Section 73.3526(e)(5) of the Rules; and (4) failing to place into the public inspection file a complete issues/programs
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  • Number: EB-05-BF-152 NAL/Acct. No: 200632280001 FRN 0011360369 FORFEITURE ORDER Adopted: April 27, 2006 Released: May 1, 2006 By the Regional Director, Northeast Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Corry Communications Corporation, licensee of Station WWCB in Corry, Pennsylvania, for willfully and repeatedly violating Section 11.35(a) of the Commission's Rules (``the Rules'') by failing to maintain operational Emergency Alert System (``EAS'') equipment. On December 21, 2005, the Commission's Buffalo Field Office (``Buffalo Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Corry. Corry has not filed a response to the NAL. Based on the information before us, we affirm
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  • we dismiss the Petition for Reconsideration filed by Jerry Russell dba The Russell Company, licensee of AM Broadcast Radio station KWRD, in Henderson, Texas. Mr. Russell seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found him liable for a monetary forfeiture in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Mr. Russell's failure to ensure the operational readiness of station KWRD's Emergency Alert System (``EAS''). For the reasons provided below, we dismiss Mr. Russell's petition for reconsideration as untimely. BACKGROUND On June 7, 2006, an agent from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') conducted an inspection at
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  • FRN: 0009062464 FORFEITURE ORDER Adopted: May 22, 2007 Released: May 24, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two hundred and fifty dollars ($250) to Gla-Mar Broadcasting, LLC, (``Gla-Mar''), licensee of station KBZB-FM, in Pioche, Nevada, for willfully and repeatedly violating Section 11.35(a) of the Commission's Rules (``Rules''). On September 29, 2006, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Gla-Mar for failing to ensure the operational readiness of the KBZB-FM Emergency Alert System (``EAS'') equipment. In this Order, we consider Gla-Mar's arguments that it was in the process of
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  • Assistant Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration (``petition'') filed by Playa del Sol Broadcasters (``Playa del Sol''). Playa del Sol seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau, found it liable for a monetary forfeiture in the amount of $12,000 for violation of Sections 11.35, 11.61, and 73.1125 of the Commission's Rules (``Rules''). The noted violations involve Playa del Sol's failure to ensure that required Emergency Alert System (``EAS'') equipment was operational, failure to conduct required tests of Station KRCK-FM's EAS equipment and failure to maintain a main studio. In its petition, Playa del Sol does not dispute the violations but instead seeks rescission or
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  • grant in part and deny in part the Petition for Reconsideration filed by Blountstown Communications, Inc. (``Blountstown''), licensee of Stations WYBT (AM) and WPHK (FM), Blountstown, Florida. Blountstown seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found it liable for a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000), for willful violations of Sections 11.35, 73.49, and 73.3526(c) of the Commission's Rules (``Rules''). The noted violations involve Blountstown's failure to ensure operational Emergency Alert System (``EAS'') equipment, failure to enclose the AM station's antenna tower within an effective locked fence, and failure to make available a complete public file. For the reasons discussed below, we reduce the forfeiture amount from $25,000 to $12,480. II. BACKGROUND
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  • this Memorandum Opinion and Order ("Order") we deny the petition for reconsideration filed by Rama Communications, Inc. (``Rama''), licensee of Station WLAA(AM), Winter Garden, Florida. Rama seeks reconsideration of the Forfeiture Order in which the Enforcement Bureau (``Bureau'') found Rama liable for a monetary forfeiture in the amount of eighteen thousand dollars ($18,000), for willful and repeated violations of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to ensure operational Emergency Alert System (``EAS'') equipment, and its failure to make available a complete public file. We reject Rama's arguments and therefore affirm the assessment of a forfeiture of $18,000. II. BACKGROUND On March 5, 2004, the Commission's Tampa, Florida Field Office (``Tampa Office'') issued
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  • By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Broadcast House of the Pacific, Inc. (``BHP''), licensee of AM Station KNDI, Honolulu, Hawaii. The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (``NAL'') by the Bureau concerning BHP's apparent violation of Section 11.35(a) of the Commission's Rules, in connection with the operational readiness of the KNDI Emergency Alert System (``EAS'') equipment. The Bureau and BHP 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 find that the public
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  • power cord for a portable radio that provided the audio source for channel one of the EAS equipment was found unplugged inside the rack, which resulted in no reception of the channel one monitoring source. On August 9, 2006, the Honolulu Office issued a Notice of Apparent Liability to BHP in the amount of $8,000 for apparent violations of Section 11.35(a) for failing to ensure the operational readiness of KNDI's EAS equipment. IV. AGREEMENT BHP agrees that the Bureau, by delegated authority of the Commission, has jurisdiction over the matters contained in this Consent Decree, and the authority to enter into and adopt this Consent Decree. BHP and the Bureau agree to be legally bound by the terms and conditions of
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  • ORDER Adopted: June 13, 2007 Released: June 15, 2007 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to L4 Media Group, LLC (``L4 Media''), licensee of low power television station WUVM-LP, in Atlanta, Georgia, for willful and repeated violation of Section 11.35 of the Commission's Rules (``Rules''). The noted violations involve L4 Media's failure to install an Emergency Alert System (``EAS'') decoder. 2. On April 25, 2007, the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to L4 Media. L4 Media has not filed a response to
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  • 104-104, 110 Stat. 56 (1996). See Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC Rcd 6363 (1996). 47 U.S.C. �� 309(k)(2), 309(k)(3). See M.J. Phillips Communications, Inc., 21 FCC Rcd at 346. Enforcement Bureau (``EB'') found that a forfeiture of $7,000 was appropriate for Licensee's violations of Sections 73.1560(a)(1); 11.35(a); 11.52(d); and 17.4(a) of the Rules. We also find that the forfeiture levied by EB was a sufficient sanction for the indicated violations. See 47 U.S.C. � 309(k). Federal Communications Commission Washington, D.C. 20554 June 27, 2007 + 9 : ; = H Q R ^ h t `` '' � � � � hd � � � � �
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  • of Apparent Liability for Forfeiture, however, the Enforcement Bureau determined that copies of PSAs did not qualify as issues/programs lists and that there was no evidence that the lists were ever maintained in the public file. Accordingly, the Enforcement Bureau issued the Notice of Apparent Liability for Forfeiture in the amount of $15,000 for willful and repeated violation of Section's 11.35(a), 73.1350(b), and 73.3526(e)(12) of the Rules. Of the proposed forfeiture, $4,000 was attributable to the public inspection file violation. Licensee paid the forfeiture in full. 7. Additionally, on April 13, 2006, agents from the Commission's Tampa Office of the Enforcement Bureau conducted an inspection of WWLD(FM) at its main studio in Tallahassee, Florida. They determined that the station's public inspection
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  • 8733727 FORFEITURE ORDER Adopted: July 30, 2007 Released: August 1, 2007 By the Regional Director, South Central Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to Ora Roberts Smallwood, III, the licensee of AM radio station WCRR in Rural Retreat, Virginia, for willful violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Mr. Smallwood's failure to maintain operational receiving equipment for required Emergency Alert System (``EAS'') monitoring functions and failure to make available a complete public inspection file. background On June 22, 2006, an agent from the Commission's Norfolk Office of the Enforcement Bureau (``Norfolk Office'') conducted a main studio inspection
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  • NetworkNews 0.60 0.51 0.49 0.46 LocalNews 3.69 3.47 3.58 3.76 PublicAffairsProgramming 2.37 2.13 1.88 1.59 MinorityProgramming NetworksTargetingBlackAudiences 3.26 3.61 3.45 3.23 TargetingLatinoAudiences OnNetworksTargetingLatinoAudiences 7.11 8.07 8.35 8.87 Spanish-LanguageProgramming 2.94 3.01 3.41 4.09 NetworksTargetingOtherDiverseAudiences 2.65 2.55 2.67 2.72 Children'sProgramming "Children'sProgramming" 1.70 1.91 2.15 1.94 GMoviesorTV-Y/TV-Y7TV 3.18 3.28 3.04 2.94 Eitheroftheabove 4.88 5.19 5.19 4.88 FamilyProgramming NetworksTargetingFamilies 11.46 10.89 10.69 10.74 TY-GProgramming 11.35 12.18 11.93 10.94 Arts,Educational,orDocumentaryProgramming 8.32 7.46 7.05 7.62 Eitherofthetwoabove 19.67 19.64 18.98 18.56 AdultProgramming NetworksShowingAdultProgramming 4.84 4.60 4.89 5.52 NC-17MoviesorTV-MA-S/TV-MA-LTV 0.75 0.48 0.63 0.83 ViolentProgramming "ViolentProgramming" 1.52 1.71 1.94 1.63 TV-PG-VTelevision 1.43 1.45 1.54 1.41 TV-14-VTelevision 1.37 1.40 1.56 1.51 TV-MA-VTelevision 0.15 0.16 0.23 0.22 Anyofthethreeabove 2.95 3.01 3.33 3.14 Anyofthelasttwoabove 1.52 1.56 1.79 1.73 ReligiousProgramming NetworksShowingPrimarilyReligiousProgramming 1.64 1.56 1.49
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  • Forfeiture Order. On March 7, 2007, the Kansas City Office issued to 127 another Notice of Apparent Liability for Forfeiture proposing a forfeiture in the amount of $8,000 for the apparent willful and repeated violation of Section 73.1745(a) of the Rules. On March 21, 2007, the Kansas City Office issued to 127 a Notice of Violation for violations of Sections 11.35(a), 73.1125(d)(1), 73.1201(a)(2), 73.44(b), 73.1560, and 73.3615(a) of the Rules. 127 and the Bureau acknowledge that any proceeding that might result from the Investigation will require the significant expenditure of public and private resources. To conserve such resources and to promote compliance by 127 with the Act and the Rules, 127 and the Bureau hereby enter into this Consent Decree in
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  • Released: September 7, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand, four hundred dollars ($6,400) to One Mart Corporation (``One Mart ''), former licensee of AM Broadcast Radio station KEVT in Cortaro, Arizona, for apparent willful and repeated violation of Section 11.35 of the Commission's Rules (``Rules''). On December 28, 2006, the Enforcement Bureau's San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to One Mart for failing to ensure the operational readiness of KEVT's Emergency Alert System (``EAS'') equipment. In this Order we consider One Mart's request that we reduce the forfeiture amount
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  • September 10, 2007 Released: September 12, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand, four hundred dollars ($6,400) to Three Angels Broadcasting Network, Inc. (``3ABN''), licensee of Class A television station K43FO, in Las Vegas, Nevada, for repeated violation of Section 11.35(a) of the Commission's Rules ("Rules") by failing to ensure the operational readiness of K43FO's Emergency Alert System (``EAS'') equipment. On January 31, 2007, the Enforcement Bureau's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to 3ABN for failing to ensure the operational readiness of K43FO's Emergency Alert System (``EAS'') equipment. In
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  • Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration filed by Delta Radio Greenville, LLC (``Delta''), licensee of radio station WROX(AM), Clarksdale, Mississippi, of the Forfeiture Order issued October 1, 2004. The Forfeiture Order imposed a monetary forfeiture in the amount of $12,000 on Delta for the willful and repeated violation of Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules''). The noted violations involved Delta's failure to maintain operational Emergency Alert System (``EAS'') equipment and its failure to enclose an antenna tower with radio frequency potential at the base within an effective locked fence. II. BACKGROUND On May 12, 2004, an agent of the Commission's New Orleans Field Office of the Enforcement Bureau
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  • FORFEITURE ORDER Adopted: September 25, 2007 Released: September 27, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand, four hundred dollars ($6,400) to Chula Vista Cable, Ltd. (``CVC''), owner of a cable system serving Chula Vista, California, for repeated violation of Section 11.35 of the Commission's Rules (``Rules''). On March 21, 2007, the Enforcement Bureau's San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to CVC for failing to ensure the operational readiness of the Emergency Alert System (``EAS'') equipment in its Chula Vista, California cable system. In this Order we consider CVC's request that
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  • 200732940001 FRN: 0004979126 FORFEITURE ORDER Adopted: January 31, 2007 Released: February 2, 2007 By the Regional Director, Western Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Eagle West Communications, Inc. (``Eagle West''), owner of a cable system serving Mesa, Arizona, for willfully and repeatedly violating Section 11.35 of the Commission's Rules (``Rules''). The noted violation involves failing to ensure the operational readiness of the Emergency Alert System (``EAS'') equipment in the Eagle West cable system in Mesa, Arizona. 2. On November 8, 2006, the District Director of the Enforcement Bureau's San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000
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  • as amended (``Act''), and Section 1.106 of the Commission's rules, we deny a Petition for Reconsideration (``Petition'') filed on March 5, 2007, by Eagle West Communications, Inc. (``Eagle West''), of a Forfeiture Order, issued by the Western Region, Enforcement Bureau (``Region''), imposing an eight thousand dollar ($8,000) monetary forfeiture penalty against Eagle West for willful and repeated violation of Section 11.35 of the Commission's Rules (``Rules''). The noted violation involves failing to ensure the operational readiness of the Emergency Alert System (``EAS'') equipment in the Eagle West cable system in Mesa, Arizona. For the reasons discussed below, we deny the Petition. II. BACKGROUND On May 16, 2005, an agent of the Enforcement Bureau's San Diego Office attempted to inspect the operational
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  • 3, 2007 Released: January 5, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Jerry Russell dba The Russell Company (``Russell''), licensee of AM Broadcast Radio station KWRD, in Henderson, Texas for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Russell's failure to ensure the operational readiness of station KWRD's Emergency Alert System (``EAS''). II. BACKGROUND On June 7, 2006, an agent from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') conducted an inspection at the main studio of station KWRD located in Henderson, Texas. No employees of Russell
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  • 0005008016 FORFEITURE ORDER Adopted: February 28, 2007 Released: March 2, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to Rama Communications, Inc. (``Rama''), licensee of station WTIR, in Cocoa Beach, Florida, for willful and repeated violation of Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to maintain operational Emergency Alert System (``EAS'') equipment and failure to maintain effective locked fences or enclosures around the bases of its antenna structures. II. BACKGROUND In response to two complaints received in November 2005, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'')
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  • 405 of the Communications Act of 1934, as amended (``Act''), and Section 1.106 of the Commission's Rules (``Rules''), we deny a Petition for Reconsideration (``Petition'') filed on July 31, 2006, by Farmworkers Educational Radio Network, Inc. (``Farmworkers''), licensee of KCEC-FM, of a Forfeiture Order imposing an eight thousand dollar ($8,000) monetary forfeiture penalty against Farmworkers for repeated violation of Section 11.35 of the Rules. The noted violation involves Farmworkers' failure to ensure the operational readiness of KCEC-FM's emergency alert system (``EAS'') equipment. For the reasons discussed below, we affirm the Forfeiture Order. II. BACKGROUND On April 8, 2005, an agent from the Commission's San Diego Office conducted an inspection at the main studio of KCEC-FM located at 670 E. 32nd Street,
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  • FORFEITURE ORDER Adopted: March 2, 2007 Released: March 8, 2007 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand six hundred dollars ($9,600) to Frank R. Truatt (``Truatt''), the licensee of AM station WTBQ in Warwick, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1590(a)(6), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain fully operational Emergency Alert System (``EAS'') equipment, failing to conduct the annual transmitter equipment performance measurements, and failing to maintain a radio issues/programs list in the station's public inspection file. BACKGROUND On September 15, 2005, an agent from the Commission's New York Office conducted an inspection with Truatt
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  • a Petition for Reconsideration (``Petition'') filed on March 11, 2008, by Eagle West Communications, Inc. (``Eagle West''), owner of a cable system in Mesa, Arizona. Eagle West seeks reconsideration of a Memorandum Opinion and Order, issued by the Enforcement Bureau, which upheld an eight thousand dollar ($8,000) monetary forfeiture penalty against Eagle West for willful and repeated violation of Section 11.35 of the Commission's Rules (``Rules''). As discussed below, we dismiss Eagle West's Petition because it does not comply with the Act and the Rules, and is therefore procedurally defective. We also find that even if Eagle West had timely filed its Petition, the Petition would fail on the merits. II. BACKGROUND On May 16, 2005, an agent of the Enforcement
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  • 0003779345 FORFEITURE ORDER Adopted: May 29, 2008 Released: June 2, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) to Michael H. Glass, licensee of station WMER-AM, in Meridian, Mississippi, for willful and repeated violation of Sections 11.35 and 73.1745(a) of the Commission's Rules (``Rules'') and Section 301 of the Communications Act of 1934, as amended (``Act''). The noted violations involve Mr. Glass' failure to maintain an operational Emergency Alert System (``EAS''), failure to operate within authorized power limitations and failure to have a license for the station's Studio to Transmitter Link (``STL''). II. BACKGROUND On December 7,
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  • FRN: 0003752904 FORFEITURE ORDER Adopted: June 11, 2008 Released: June 13, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Omni Communications, Inc. (``Omni''), licensee of station KWOX, in Woodward, Oklahoma, for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Omni's failure to ensure that Emergency Alert System (``EAS'') equipment was installed so that the monitoring and transmitting functions were available during the times the station was in operation. II. BACKGROUND On May 2, 2007, an agent from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') inspected the main
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  • 0003752946 FORFEITURE ORDER Adopted: June 11, 2008 Released: June 13, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to FM 92 Broadcasters, Inc. (``Broadcasters''), licensee of station KMZE, in Woodward, Oklahoma, for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violation involves Broadcasters' failure to install the required Emergency Alert System (``EAS'') equipment. II. BACKGROUND On May 2, 2007, an agent from the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') inspected the main studio for station KMZE in Woodward, Oklahoma. The agent found that Station KMZE was sharing an EAS unit
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  • a Petition for Reconsideration (``Petition'') filed on October 9, 2007, by One Mart Corporation (``One Mart''), former licensee of AM Broadcast Radio station KEVT in Cortaro, Arizona, of a Forfeiture Order issued by the Western Region (``Region'') of the Enforcement Bureau, imposing a six thousand, four hundred dollars ($6,400) forfeiture against One Mart, for willful and repeated violation of Section 11.35 of the Commission's Rules (``Rules''). The noted violation concerned One Mart's failure to ensure the operational readiness of KEVT's Emergency Alert System (``EAS'') equipment. For the reasons discussed below, we deny One Mart's Petition and affirm the forfeiture. II. BACKGROUND On August 17, 2006, an agent from the Enforcement Bureau's San Diego Office conducted an inspection at the main studio
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  • 200532940003 FRN: 0010057685 Adopted: June 20, 2008 Released: June 24, 2008 By the Associate Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Farmworker Educational Radio Network, Inc., (``Farmworker''), licensee of station KCEC-FM, Wellton, Arizona. The Consent Decree terminates an enforcement proceeding relating to whether Farmworker violated Section 11.35 of the Commission's Rules (``Rules'') by failing to ensure the operational readiness of the KCEC-FM Emergency Alert System (``EAS'') equipment. The Bureau and Farmworker 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 find that
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  • text/plain Content-Transfer-Encoding: 8bit D CONSENT DECREE INTRODUCTION The Enforcement Bureau (``the Bureau'') of the Federal Communications Commission (the ``FCC'' or ``Commission'') and Farmworker Educational Radio Network, Inc. (``Farmworker''), licensee of radio station KCEC-FM, in Wellton, Arizona, by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating an enforcement proceeding relating to whether Farmworker violated Section 11.35 of the Commission's Rules (``Rules'') by failing to ensure the operational readiness of the KCEC-FM's Emergency Alert System (``EAS'') equipment. DEFINITIONS For purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, Title 47 of the United States Code. ``Adopting Order'' means an order of the Bureau adopting the terms and
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  • FRN: 0005003199 FORFEITURE ORDER Adopted: June 27, 2008 Released: July 1, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to D-Mitch Broadcasting, Inc. (``D-Mitch''), licensee of station WBSC (AM), in Bennettsville, South Carolina for willful and repeated violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve D-Mitch's failure to maintain operational Emergency Alert System (``EAS'') equipment and failure to maintain and make available a complete public inspection file. 2. On May 2, 2008, the Commission's Atlanta Office of the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount
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  • because it had no gross revenues for the three calendar years prior to the NAL, and supplies financial data to support that claim. To assess A-O's inability to pay argument, we must consider a related proceeding, where, on December 29, 2003, the Commission assessed a $25,000 forfeiture against A-O for operating KTMN in willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Rules. In the 2003 Forfeiture Order, the Commission took into account an argument from A-O concerning its inability to pay the forfeiture amount as A-O submitted documentation stating that it had no revenues. Generally, when analyzing a financial hardship claim, the Commission has looked to gross revenues as a reasonable and appropriate yardstick in determining
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  • Adopted: January 28, 2008 Released: January 30, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to First Baptist Church, Inc. (``First Baptist''), licensee of non-commercial FM station WAKJ, DeFuniak Springs, FL, for willful and repeated violation of Sections 11.35(a) and 73.1125(a) of the Commission's Rules (``Rules''). The noted violations involve First Baptist's failure to install the required Emergency Alert System (``EAS'') equipment and failure to maintain full-time managerial and staff personnel at the main studio during normal business hours. II. BACKGROUND On August 9, 2006, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') were unable
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  • 200832700017 FRN: 000-50080-16 00-50080-16 FORFEITURE ORDER Adopted: October 15, 2008 Released: October 17, 2008 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of sixteen thousand dollars ($16,000) to Rama Communications, Inc. (``Rama''), licensee of station WLAA, in Ocoee, Florida, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rama's failure to maintain an operational Emergency Alert System (``EAS'') and failure to maintain and make available complete public inspection files. 2. On August 4, 2008, the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of
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  • ORDER Adopted: October 24, 2008 Released: October 28, 2008 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800) to Viva Communications Group, LLC (``Viva''), licensee of AM radio station WSDE, Cobleskill, New York, for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Commission's Rules ("Rules") by failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to sign off at local sunset time, failing to maintain daytime operating power at more than 90% of the authorized power, and failing to maintain a complete public inspection file. On December 20, 2007, the Buffalo Field Office issued a
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  • Adopted: November 5, 2008 Released: November 7, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) to Star Power Communications Corporation (``Star Power''), licensee of station WIQR(AM), in Prattville, Alabama, for willful and repeated violation of Sections 11.35(a) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Star Power's failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain and make available a complete public inspection file. We also admonish Star Power for its repeated violation of Section 73.1350(a) of the Rules. II. BACKGROUND On August 30, 2007, agents of the Commission's Atlanta
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  • same condition as on February 26, 2008. The agents also observed that the perimeter property fence gate still remained open and lying on the ground. On September 24, 2008, the Tampa Office issued a Notice of Apparent Liability for Forfeiture to Black Crow in the amount of twenty-three thousand dollars ($23,000) for the apparent willful and repeated violation of Sections 11.35(a), 73.44(b), 73.49 and 73.3526 of the Rules. In response to the NAL, Black Crow admitted that it violated Sections 11.35(a) and 73.3526 of the Rules and submitted a payment in the amount of $12,000 for those violations. Black Crow, however, requested cancellation or reduction of the remaining $11,000 proposed forfeiture. DISCUSSION The proposed forfeiture amount in this case was assessed
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  • ORDER Adopted: January 7, 2008 Released: January 9, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) to West Helena Broadcasters, Inc. (``Broadcasters, Inc.''), licensee of station KCLT-FM, in West Helena, Arkansas, for willful and repeated violation of Sections 11.35 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Broadcasters, Inc.'s failure to have an operational Emergency Alert System (``EAS'') and failure to maintain and make available a complete public inspection file. II. BACKGROUND On August 22, 2007, in response to a complaint, an agent from the Commission's New Orleans Office of the Enforcement Bureau (``New Orleans Office'')
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  • 2008 Released: December 24, 2008 By the Deputy Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``MO&O''), we deny the petition for reconsideration filed by Rama Communications, Inc. (``Rama'') of the Forfeiture Order issued October 17, 2008. The Forfeiture Order imposed a monetary forfeiture in the amount of $16,000 for Rama's willful and repeated violations of Section 11.35(a) and 73.3526 of the Commission's Rules. The noted violations involved Rama's failure to maintain an operational Emergency Alert System (``EAS'') and failure to maintain and make available a complete public inspection file. II. BACKGROUND On May 9, 2008, in response to a complaint, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office''), accompanied by the station's general
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  • 200732700007 FRN: 0010330488 FORFEITURE ORDER Adopted: March 5, 2008 Released: March 7, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand four hundred dollars ($6,400) to Hispanic-Multicultural Broadcasting Association (``Hispanic''), licensee of station WJRN-LP, Summerfield, Florida, for repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). The noted violations involve Hispanic's failure to install an Emergency Alert System (``EAS'') decoder. II. BACKGROUND On August 30, 2006, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') conducted an inspection of station WJRN-LP at its main studio in Summerfield, Florida. The agents found the station had not installed an EAS
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  • FRN: 0013304258 ORDER Adopted: March 27, 2008 Released: March 31, 2008 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Order (``Order''), we cancel a proposed monetary forfeiture to Action Radio, LLC (``Action Radio''), former licensee of broadcast stations KZZR(AM) and KQHC-FM, in Burns, Oregon, and admonish Action Radio for its willful and repeated violation of Section 11.35(a) of the Rules. On August 14, 2007, the Enforcement Bureau's Portland Resident Agent Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Action Radio for willful and repeated violation of Section 11.35(a) of the Commission's Rules ("Rules") by failing to ensure the operational readiness of the KZZR(AM) and KQHC-FM Emergency Alert System (``EAS'')
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  • specified that there be a determination as to whether a forfeiture should be imposed against Mr. Hammond with respect to the apparent willful and/or repeated violations of Section 73.1015 of the Commission's rules, in an amount not to exceed $325,000; Sections 73.1350(a), 73.1560(b) and (d), and 73.1745(a) of the Commission's rules, in an amount not to exceed $325,000; and Section 11.35(a) of the Commission's rules, in an amount not to exceed $325,000; for any such violations that occurred or continued within the applicable statute of limitations. Pursuant to Section 1.91(c) and Section 1.221(c) of the Commission's rules, the Hearing Designation Order ordered Mr. Hammond, to file a written notice of appearance stating that he would appear on the specified hearing date
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  • studio and absence of a management or staff presence, an incomplete public inspection file, lack of operational Emergency Alert System (``EAS'') equipment, lack of monthly EAS tests, no personnel or remote control equipment to control the transmitter, failure to post the license, failure to designate a chief operator, and failure to have equipment performance measurements available. See 47 C.F.R. �� 11.35, 11.61, 73.1125, 73.1230, 73.1300, 73.1350(b), (h), and (i), 73.1400, 73.1590, 73.1870 and 73.3527. See LOI at 2-3 and Ex. B. Response at 5. Id. at 4. See LOI, Ex. B. The only defense asserted by GLBC and GLBA in their Response is to claim that their pattern of constructing quasi-translators (if that) instead of the full-service NCE-FM stations authorized in
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  • FRN 0012490520 FORFEITURE ORDER Adopted: July 29, 2009 Released: July 31, 2009 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand two hundred dollars ($1,200) to Jackson Radio, LLC (``Jackson''), licensee of station WJFN-AM, in Brandon, Mississippi, for willful violation of Section 11.35 of the Commission's Rules (``Rules''), and repeated violation of Section 73.49 of the Rules. The noted violations involve Jackson's failure to have an operational Emergency Alert System (``EAS'') and failure to have an effective locked fence or other enclosures around the antenna structure. II. BACKGROUND On March 10 and March 11, 2009, in response to a complaint, agents from the
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  • August 31, 2009 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: introduction In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find Opp Educational Broadcasting Foundation (``Opp Ed''), licensee of FM Broadcast Station WJIF (``WJIF'') in Opp, Alabama, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for willfully and repeatedly violating Sections 11.35 and 11.61(a) of the Commission's Rules (``Rules'') and for willfully and repeatedly violating Section 73.1015 of the Rules. The noted violations involve WJIF's failure to maintain operable Emergency Alert System (``EAS'') equipment and failure to conduct required EAS tests and Opp Ed's failure to respond to directives of the Enforcement Bureau's Spectrum Enforcement Division (``Division'') to provide certain information and
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  • 47 U.S.C. � 503(b)(2)(E). (stating that the Commission will generally reduce the assessed forfeiture amount ``based on the good faith corrective efforts of a violator when those actions were taken prior to Commission notification of the violation''). See e.g., Cayuga County Community College, Forfeiture Order, 2009 WL 1856467 (EB 2009). 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 09-1989 Federal Communications Commission DA 09-1989 < D I � " L �E ��
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  • FORFEITURE ORDER Adopted: September 1, 2009 Released: September 3, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand four hundred dollars ($18,400) to Real Life Broadcasting (``Real Life''), licensee of station WIFI, in Florence, New Jersey, for willfully and repeatedly violating Sections 73.1745(a), 11.35, 73.49, and 73.3526(e)(12) of the Commission's Rules (``Rules'') by operating station WIFI with excessive power, failing to maintain an operational EAS system, failing to maintain an effective enclosure at the base of the WIFI tower, and failing to maintain issues/program lists in the public inspection file. In this Order, we consider Real Life's request for cancellation or reduction of the
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  • above ground level. 47 C.F.R. � 17.7(a). Millworks' Tower required notification to the FAA because the structure exceeded 200 feet in height. Millworks incorrectly referred to the NAL as a Notice of Violation. No Notice of Violation was issued to Millworks by the New Orleans Office. 47 U.S.C. � 405. 47 C.F.R. � 1.106. 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.3526. 47 U.S.C. � 504(a). Federal Communications Commission DA 09-2101 Federal Communications Commission DA 09-2101 � 0 7 � 2K�
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  • to use professional radio direction-finding equipment. Agents are specially trained on how to confirm accurate radio bearings on signal sources in congested areas. In this case, the accuracy of the results is further supported by the fact that the same signal source was identified multiple times. � � Ȅ�� � 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 09-2239 Federal Communications Commission DA 09-2239 " 0
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  • Esq., Garvey Schubert Barer, Fifth Floor, 1000 Potomac Street, N.W., Washington, DC 20007-3501. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau 47 U.S.C. �� 309(k), 503(b); 47 C.F.R. � 1.80. See 47 C.F.R. � 0.283. See 47 C.F.R. � 73.3539. 47 C.F.R. � 73.3539(a). See 47 C.F.R. �� 73.1020, 73.3539(a). Schademann Objection at 1. Id.; see 47 C.F.R. �� 11.35 (describing requirements for operational readiness of EAS equipment) and 73.1820(a)(1)(iii) (describing requirement to maintain a log of each test and activation of the EAS system). Schademann Objection at 2; see 47 C.F.R. � 17.48 (describing requirements to notify the Federal Aviation Administration of any observed or known extinguishment or malfunction of tower lights). Schademann Objection at 2; see 47 C.F.R.
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  • Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand six hundred dollars ($9,600) to Bethune-Cookman College, Inc. (``Bethune-Cookman''), licensee of station WRWS-LP, in Daytona Beach, Florida, for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Section 11.35(a) of the Commission's Rules (``Rules''). The noted violations involve Bethune-Cookman's operation of an unlicensed radio transmitter and failure to install the required Emergency Alert System (``EAS'') equipment. II. BACKGROUND On October 31, 2008, agents from the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office''), accompanied by the station's general manager and chief engineer, conducted an inspection of low power
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  • FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violator's gross revenues); Hoosier Broadcasting Corporation, Memorandum Opinion and Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it represented approximately 7.6 percent of the violator's gross revenues). 47 U.S.C. � 405. 47 C.F.R. � 1.106. 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.3526. 47 U.S.C. � 504(a). Federal Communications Commission DA 09-936 Federal Communications Commission DA 09-936 ) ( ) ^�@ `�� 0 0 H - $ � � 2K�
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  • Adopted: August 2, 2010 Released: August 4, 2010 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand five hundred dollars ($8,500) to LSM Radio Partners, L.L.C. (``LSM Radio''), licensee of station WWWK(FM), in Islamorada, FL for willful and repeated violation of Sections 11.35(a) and 73.1125(a) of the Commission's Rules (``Rules''). The noted violations involve LSM Radio's failure to maintain: (1) operational Emergency Alert System (``EAS'') equipment when station WWWK(FM) was in operation; and (2) a full-time managerial and staff presence at the station's main studio consistent with the Rules. II. BACKGROUND On February 6, 2009, in response to a complaint alleging that radio
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  • 0007676935 FORFEITURE ORDER Adopted: October 25, 2010 Released: October 27, 2010 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand five hundred dollars ($5,500) to Rodgson, Inc. (``Rodgson''), licensee of station WSDQ(AM), in Dunlap, Tennessee, for willful and repeated violation of Sections 11.35, 73.49 and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Rodgson's failure to: (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose the base of its AM antenna structure within a locked fence; and (3) maintain and make available a public inspection file at its main studio. II. BACKGROUND On August 19, 2009, agents from the Enforcement
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  • LIABILITY FOR FORFEITURE Adopted: November 8, 2010 Released: November 10, 2010 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Daniel D. Smith, licensee of station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas, apparently willfully and repeatedly violated Sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules (``Rules'') by failing to: (1) maintain operational emergency alert system (``EAS'') equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file. We conclude that Mr.
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  • January 8, 2010 Released: January 8, 2010 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seventeen thousand, five hundred dollars ($17,500) to Mt. Rushmore Broadcasting, Inc. ("Mt. Rushmore"), licensee of stations KRAL(AM) and KIQZ(FM) serving Rawlins, Wyoming, for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''), Section 73.3526 of the Rules, and Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. On December 10, 2008, the Enforcement Bureau's Denver Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Mt. Rushmore for failing to ensure the operational readiness of the KRAL(AM) and KIQZ(FM) Emergency Alert System
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  • By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand two hundred dollars ($15,200) to Seventh-Day Adventist Community Health Serv. of Greater NY (``SDACH''), licensee of Low-Power Television (LPTV) station W32DF in Hempstead, New York, for willfully and repeatedly violating Sections 1.903(a), 1.903(b), and 11.35(a) of the Commission's Rules (``Rules) by operating with an unauthorized antenna model and orientation, operating from an unauthorized location, and failing to install required Emergency Alert System (EAS) equipment. In this Order, we consider SDACH's arguments that the forfeiture amount for operation at an unauthorized location should be cancelled or reduced because it was the result of an inadvertent error
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  • April 16, 2010 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to KFW Communications LLC dba Almega Cable Inc. (``KFW''), owner of the cable television system and antenna structure number 1041490 in Bloomington, Texas for willful and repeated violations of Sections 11.35(a), 17.48, and 17.51(a) of the Commission's Rules (``Rules''). The noted violations involve KFW's failure to install operational Emergency Alert System (``EAS'') equipment, failure to notify the Federal Aviation Administration (``FAA'') immediately of a lighting outage, and failure to exhibit all red obstruction lighting from sunset to sunrise. 2. On February 4, 2010, the Commission's Houston Office of the Enforcement Bureau
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  • 2010 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to KFW Communications LLC dba Almega Cable Inc. (``KFW''), former owner of cable television system and owner of antenna structure number 1045666, in Yorktown, Texas, for willful and repeated violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Commission's Rules (``Rules''). The noted violations involve KFW's failure to install operational Emergency Alert System (``EAS'') equipment, failure to display the Antenna Structure Registration (``ASR'') number in a conspicuous place so that it is readily visible near the base of the antenna structure, failure to notify the Federal Aviation Administration (``FAA'') immediately of a
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  • Number: 201032600002 FRN: 0015739246 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Caribevision Station Group, L.L.C. (``Caribevision''), licensee of station WFUN-LD, in Miami, FL, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to install operational Emergency Alert Systems (``EAS'') equipment and apparently willfully violated Section 74.735(b)(2) of the Rules by exceeding the maximum effective radiated power (``ERP'') for a digital low power television (``LPTV'') station. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Caribevision is apparently liable
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  • No.: 201032640001 FRN: 0003730892 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Hubbard's Advertising Agency, Inc., (``Hubbard''), licensee of station WLLL(AM), in Lynchburg, Virginia, apparently willfully and repeatedly violated Sections 11.35(a), 73.1745(a) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain operational Emergency Alert System (``EAS'') equipment, exceeding its licensed nighttime operating power, and failing to maintain and make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Hubbard is apparently liable for a forfeiture in the
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  • FRN: 5016308 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 6, 2010 Released: May 10, 2010 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that World Media Broadcast Company, (``World Media''), licensee of station WCLM(AM), in Highland Springs, Virginia, apparently willfully and repeatedly violated Sections 11.35(a), 73.1400(a)(1)(ii) and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain functioning Emergency Alert System (``EAS'') equipment, failing to provide functioning transmission system remote control equipment, and failing to maintain and make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that World Media is apparently liable for
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  • OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 10, 2010 Released: May 12, 2010 By the District Director, San Diego Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Telefutura Partnership of Douglas (``Telefutura''), the licensee of Digital Television broadcast station KFTU-DT (``KFTU'') in Douglas, Arizona, apparently willfully and repeatedly violated Section 11.35 of the Commission's Rules (``Rules'') by failing to ensure the operational readiness of KFTU's Emergency Alert System (``EAS'') equipment. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Telefutura is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND On September 1, 2009, agents from the Enforcement Bureau's
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  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: July 18, 2011 Released: July 18, 2011 By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Spirit Broadcasting, Inc., (``Spirit''), licensee of Station WGTM(AM), in Wilson, North Carolina, apparently willfully and repeatedly violated sections 11.35, 73.49, and 73.3526 of the Commission's rules (``Rules'') by failing to: (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose an antenna tower, having radio frequency potential at the base, within an effectively locked fence; and (3) maintain and make available a public inspection file. We conclude that Spirit is apparently liable for a forfeiture in the amount of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1233A1.txt
  • and Commission regulates are expected to promptly take corrective action when violations are brought to their attention). See also, Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994)(corrective action taken to comply with the Rules is expected, and does not mitigate any prior forfeitures or violations). See NAL at para. 17. 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.1560(a), 73.1745(a), 73.3526(e)(12). 47 U.S.C. � 504(a). Federal Communications Commission DA 11-1233 Federal Communications Commission DA 11-1233 � � & 0
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1506A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1506A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1506A1.txt
  • and Order (``MO&O''), we deny the petition for reconsideration (``Petition'') filed by Mt. Rushmore Broadcasting, Inc., (``Mt. Rushmore'' or ``the Licensee''), licensee of Stations KRAL(AM), KIQZ(FM), and WHB734, in Rawlins, Wyoming, of the Forfeiture Order issued in this proceeding. The Forfeiture Order imposed a monetary forfeiture in the amount of $17,500 for willful and repeated violation of sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Commission's rules (``Rules''). Background In the Forfeiture Order, issued January 8, 2010, the Western Region of the Enforcement Bureau (``Region'') determined that Mt. Rushmore had failed to ensure the operational readiness of the Station KRAL(AM) and Station KIQZ(FM) Emergency Alert System (``EAS'') equipment; failed to maintain a complete public inspection file for Station KRAL(AM) and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1538A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1538A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1538A1.txt
  • AND ORDER Adopted: September 14, 2011 Released: September 14, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that SCI Cable Inc. (``SCI''), owner of cable television systems in Meriden, Kansas (``Meriden'') and Jefferson, Kansas (``Jefferson''), apparently willfully and repeatedly violated sections 11.35 and 76.1803 of the Commission's rules (``Rules'') by failing to: (1) install Emergency Alert System (``EAS'') equipment; (2) log the removal of EAS equipment; and (3) file required Annual Basic Signal Leakage Performance Reports (``FCC Form 320s''). We conclude that SCI is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). BACKGROUND On August 11, 2010
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1539A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1539A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1539A1.txt
  • AND ORDER Adopted: September 14, 2011 Released: September 14, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that SCI Cable Inc. (``SCI''), owner of cable television systems in Perry, Kansas (``Perry'') and Lecompton, Kansas (``Lecompton''), apparently willfully and repeatedly violated sections 11.35 and 76.1803 of the Commission's rules (``Rules'') by failing to: (1) install Emergency Alert System (``EAS'') equipment; (2) log the removal of EAS equipment; and (3) file required Annual Basic Signal Leakage Performance Reports (``FCC Form 320s''). We conclude that SCI is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). BACKGROUND On September 22, 2010,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1540A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1540A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1540A1.txt
  • LIABILITY FOR FORFEITURE AND ORDER Adopted: September 14, 2011 Released: September 14, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that SCI Cable Inc. (``SCI''), owner of a cable television system in Pottawatomie, Kansas (``Pottawatomie''), apparently willfully and repeatedly violated sections 11.35 and 76.1803 of the Commission's rules (``Rules'') by failing to: (1) install Emergency Alert System (``EAS'') equipment; (2) log the removal of EAS equipment; and (3) file required Annual Basic Signal Leakage Performance Reports (``FCC Form 320s''). We conclude that SCI is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). BACKGROUND On August 11, 2010
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1651A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1651A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1651A1.txt
  • FORFEITURE AND ORDER Adopted: September 30, 2011 Released: September 30, 2011 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that St. George Cable, Inc. (``St. George''), operator of the cable television system in St. George Island, Florida, apparently willfully and repeatedly violated sections 11.35(a), 76.605(a)(12), 76.611(a) and 76.1801 of the Commission's rules (``Rules''), by (1) failing to install Emergency Alert System (``EAS'') equipment; (2) operating its cable system with excessive signal leakage; and (3) failing to register its cable system with the Commission. We conclude that St. George is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). We further
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1721A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1721A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1721A1.txt
  • 0003772886 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 14, 2011 Released: October 18, 2011 By the District Director, Detroit Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Upper Peninsula Communications Inc. (``Upper Peninsula''), former operator of a cable television system in Powers, Michigan, apparently willfully and repeatedly violated section 11.35(a) of the Commission's rules (``Rules'') by failing to install emergency alert system (``EAS'') equipment. We conclude that Upper Peninsula is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND On November 3, 2010, an agent from the Enforcement Bureau's Detroit Office inspected Upper Peninsula's cable system serving Powers, Michigan with the cable system's manager. The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1734A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1734A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1734A1.txt
  • L.L.C. (``LSM Radio''), licensee of Station WWWK(FM), in Islamorada, Florida. As discussed below, we conclude that the forfeiture should be reduced to four thousand seven hundred dollars ($4,700). LSM Radio seeks reconsideration of a Forfeiture Order issued on August 4, 2010, which imposed an eight thousand five hundred dollar ($8,500) monetary forfeiture for the willful and repeated violation of sections 11.35(a) and 73.1125(a) of the Commission's rules (``Rules''). The noted violations concerned LSM Radio's failure to maintain: (1) an operational Emergency Alert System (``EAS'') equipment when Station WWWK(FM) was in operation; and (2) a full-time managerial and staff presence at the station's main studio consistent with the Rules. The originally proposed forfeiture of $15,000 was reduced to $8,500 based upon LSM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1755A1.txt
  • October 21, 2011 Released: October 24, 2011 By the District Director, Detroit Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that R.J.'s Late Night Entertainment Corporation (``R.J.''), licensee of Non-Commercial Educational ("NCE") Class D Station WHPR-FM, in Highland Park, Michigan (the ``Station''), apparently willfully and repeatedly violated: (1) section 11.35(a) of the Commission's Rules ("Rules") by failing to maintain operational EAS equipment; (2) section 73.1690(b)(2) of the Rules for moving the Station's transmitter without Commission authorization; and (3) section 73.3527(b)(1) of the Rules by failing to maintain and make available a local public inspection file. We conclude that R.J. is apparently liable for a forfeiture in the amount of twenty-two
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-178A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-178A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-178A1.txt
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 28, 2011 Released: January 31, 2011 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Bold Gold Media Group, Inc. (``Bold Gold''), the licensee of FM Radio Station WWRR in Scranton, Pennsylvania, apparently willfully and repeatedly violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to install the required Emergency Alert System (``EAS'') equipment. We conclude that Bold Gold is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On November 24, 2009, in response to a complaint that Station WWRR did not have EAS equipment, an agent from the Enforcement Bureau's Philadelphia
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1822A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1822A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1822A1.txt
  • 201132640002 FRN: 0009359811 FORFEITURE ORDER Adopted: October 31, 2011 Released: November 1, 2011 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Spirit Broadcasting, Inc., (``Spirit''), licensee of Station WGTM(AM), in Wilson, North Carolina, for willful and repeated violation of sections 11.35, 73.49, and 73.3526 of the Commission's rules (``Rules''). The noted violations involved Spirit's failure to (1) maintain operational Emergency Alert System (``EAS'') equipment; (2) enclose an antenna tower, having radio frequency potential at the base, within an effectively locked fence; and (3) maintain and make available a public inspection file. 2. On July 15, 2011, the Enforcement Bureau's Norfolk Office
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1919A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1919A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1919A1.txt
  • November 22, 2011 Released: November 22, 2011 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of twenty five thousand dollars ($25,000) to St. George Cable, Inc. (St. George), operator of the cable television system in St. George Island, Florida, for willful and repeated violation of sections 11.35(a), 76.605(a)(12), 76.611(a), and 76.1801 of the Commission's rules (Rules). The noted violations involved St. George's: (1) failure to install Emergency Alert System (EAS) equipment; (2) operation of its cable system with excessive signal leakage; and (3) failure to register its cable system with the Commission. 2. On September 30, 2011, the Enforcement Bureau's Tampa Office (Tampa Office) issued a Notice
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1977A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1977A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1977A1.txt
  • OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: December 6, 2011 Released: December 7, 2011 By the District Director, San Diego Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Media Mining Group, LLC., (``MMG''), licensee of Station KRDD(AM), in Roswell, New Mexico, apparently willfully and repeatedly violated section 11.35 of the Commission's rules (``Rules'') by failing to ensure the operational readiness of the Station KRDD(AM) Emergency Alert System (``EAS'') equipment. We conclude that MMG is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). In addition, no later than 30 days from the date of this NAL, MMG must submit a statement signed under penalty
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-48A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-48A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-48A1.txt
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 11, 2011 Released: January 13, 2011 By the Acting District Director, San Diego Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that North County Broadcasting Corporation (``NCBC''), the licensee of AM broadcast station KFSD(AM) in Escondido, California, apparently willfully and repeatedly violated Section 11.35 of the Commission's Rules (``Rules'') by failing to ensure the operational readiness of Station KFSD's Emergency Alert System (``EAS'') equipment. We conclude that NCBC is apparently liable for a forfeiture in the amount of six thousand dollars ($6,000). BACKGROUND On March 18, 2010, agents from the Enforcement Bureau's San Diego Office conducted an inspection of Station KFSD's main studio, located
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-824A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-824A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-824A1.txt
  • 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand five hundred dollars ($11,500) to Daniel D. Smith, licensee of Station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas (``Mr. Smith''), for willful and repeated violation of sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Mr. Smith's failure to: (1) maintain operational emergency alert system (``EAS'') equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-874A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-874A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-874A1.txt
  • FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violator's gross revenues); Hoosier Broadcasting Corporation, Memorandum Opinion and Order, 15 FCC Rcd 8640 (EB 2002) (forfeiture not deemed excessive where it represented approximately 7.6 percent of the violator's gross revenues). 47 U.S.C. � 503(b), 47 C.F.R. �� 0.111, 0.311, 0.314, 1.80(f)(4), 1.903(a), 1.903(b), 11.35(a). 47 U.S.C. � 504(a). Federal Communications Commission DA 11- 874 Federal Communications Commission DA 11- 874 � � � � � � "
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-881A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-881A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-881A1.txt
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: May 17, 2011 Released: May 17, 2011 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that John F. Warmath (``Mr. Warmath''), licensee of station WIRJ(AM), Humboldt, TN, apparently willfully and repeatedly violated sections 73.49, 11.35, and 73.3526 of the Commission's Rules (``Rules'') by failing to maintain: (1) an enclosed fence around the base of the station's AM antenna; (2) Emergency Alert System (``EAS'') equipment; and (3) a public inspection file. We conclude that Mr. Warmath is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). BACKGROUND On October 7, 2010, in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-890A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-890A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-890A1.txt
  • May 17, 2011 Released: May 17, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand five hundred dollars ($5,500) to World Media Broadcast Company, (``World Media''), licensee of Station WCLM(AM), in Highland Springs, Virginia for willful and repeated violation of sections 11.35(a), 73.1400(a)(1)(ii) and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve World Media's failure to maintain: (1) functioning Emergency Alert System (``EAS'') equipment; (2) functioning transmission system remote control equipment; and (3) a public inspection file at its main studio, and make that file available upon request. II. BACKGROUND As discussed in detail in the Notice of Apparent Liability
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-938A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-938A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-938A1.txt
  • is a complete public inspection file at the main studio of Station WLGT in New Bern. Because we find that Media East willfully failed to make the public inspection file available, we need not address its claim that a complete public inspection file was maintained at the main studio. 47 U.S.C. � 503(b); 47 C.F.R. ��� 0.111, 0.204, 0.311, 1.80(f)(4), 11.35(a), 73.3526. 47 U.S.C. � 504(a). Federal Communications Commission DA 11-938 Federal Communications Commission DA 11-938 � � � � � � � � � � � [ \ � " �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-978A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-978A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-978A1.txt
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: June 1, 2011 Released: June 2, 2011 By Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that CRS Radio Holding Inc. (``CRS''), licensee of Station WFBX (AM), in Spring Lake North Carolina, apparently willfully violated section 11.35 of the Commission's rules (``Rules'') by failing to ensure that emergency alert system (``EAS'') equipment was operational. We conclude that CRS is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000) and direct the company to submit a statement signed under penalty of perjury by an officer or director stating that Station WFBX(AM) currently has operational
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-982A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-982A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-982A1.txt
  • 0003251717 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 6, 2011 Released: June 7, 2011 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Comcast of Alabama, Inc., (``Comcast''), operator of a cable television system in Florence, Alabama, apparently willfully and repeatedly violated sections 11.35(a) and 11.51(h) of the Commission's rules (``Rules'') by failing to ensure that emergency alerts system (``EAS'') messages were transmitted properly to certain customers. We conclude that Comcast is apparently liable for a forfeiture in the amount of sixteen thousand dollars ($16,000). BACKGROUND 2. On January 3, 2011, the Enforcement Bureau's Atlanta Office (``Atlanta Office'') received a complaint that a Comcast
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-202154A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-202154A1.txt
  • OF APPARENT LIABILITY Communications Act 47 U.S.C. � 301 (unlicensed operation of a station) LeonardD. Martin, Houston, TX. $17,000 NAL issued for violation of 47 U.S.C. ��301 (unlicensed operation of equipment on frequencies assigned to the U.S. Government and the Industrial Radio Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 16569 47 * 47 C.F.R � 11.35 Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $ 12,000 NAL issue for violation of 47 C.F.R. � 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. �� 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-202154A1_Erratum.pdf
  • OF APPARENT LIABILITY Communications Act 47 U.S.C. � 301 (unlicensed operation of a station) LeonardD. Martin, Houston, TX. $17,000 NAL issued for violation of 47 U.S.C. ��301 (unlicensed operation of equipment on frequencies assigned to the U.S. Government and the Industrial Radio Service); and 303(n) (failure to allow FCC inspection). Houston, TX Office (3/3/00). 16569 47 * 47 C.F.R � 11.35 Morradio, Inc., licensee of WLMA(AM), Greenwood, SC. $ 12,000 NAL issue for violation of 47 C.F.R. � 11.35 (failure to install and maintain EAS equipment) and for violation of 47 C.F.R. �� 73.1690(b) and 73.3538(a)(4) (failure to license changes in the antenna structure location). Atlanta, GA Office (3/30/00). Super Cab, Inc., Asbury Park, NJ. New York, NY Office (3/14/00). John
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-215526A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-215526A1.txt
  • appear only for states where eligible subscribers living on tribal lands qualify to receive low-income support. 7-4 Table 7.1 Lifeline Monthly Support by State or Jurisdiction (As of April 2001) Basic Additional Total Total Federal State or Jurisdiction Federal State Federal Federal and State Support Support Match Support Support Alabama $6.10 $3.50 $1.75 $7.85 $11.35 Alaska 6.10 3.50 1.75 7.85 11.35 American Samoa 6.10 0.00 0.00 6.10 6.10 Arizona 6.10 3.50 1.14 7.24 10.74 Arkansas 6.10 0.00 0.00 6.10 6.10 California 6.10 3.50 1.75 7.85 11.35 Colorado 6.10 3.50 1.75 7.85 11.35 Connecticut 6.10 1.17 0.58 6.68 7.85 Delaware 6.10 0.00 0.00 6.10 6.10 District of Columbia 6.10 3.50 1.75 7.85 11.35 Florida 6.10 3.50 1.75 7.85 11.35 Georgia 6.10 3.50
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-228609A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-228609A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-228609A1.txt
  • conditions set forth in its license. The Commission proposes that A-O be held liable for a $10,000 forfeiture for exceeding the RFR exposure limits in apparent violation of Section 1.1310 of the Commission's Rules. The Commission also proposes that A-O be held liable for an $8,000 forfeiture for failure to install Emergency Alert System equipment in apparent violation of Section 11.35 of the Commission's Rules, a $7,000 forfeiture for failure to have a main studio in apparent violation of Section 73.1125 of the Commission's Rules, and a $3,000 forfeiture for failure to have adequate transmission system control in apparent violation of Section 73.1400 of the Commission's Rules. Action by the Commission on November 14, 2002, by Notice of Apparent Liability for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237590A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237590A1.pdf
  • the matter of ) ) Morradio, Inc. ) File Number: EB-00-AT-061 WLMA(AM) ) Greenwood, SC ) NAL/Acct. No.: X3248002 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 30, 2000 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Morradio, Inc. (``Morradio'') has apparently violated sections 73.1690(b), 73.3538(a)(4) and 11.35(a) of the Commission's Rules for failure to license changes in the antenna structure location and failure to install and maintain emergency alert system (``EAS'') equipment. We conclude that Morradio is apparently liable for forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND 2. Radio station WLMA(AM) is licensed to broadcast on 1350 kHz in Greenwood, SC. On October
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237602A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237602A1.pdf
  • (AM) ) File No. EB-00-KC-111 St. Charles, Missouri ) NAL/Acct.No. X3256-001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 31, 2000 By the Enforcement Bureau, Kansas City Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Bronco Broadcasting, Co., Inc. (``Bronco''), licensee of station KIRL (AM), St. Charles, Missouri, has apparently violated sections 11.35(a), 73.61(a), 73.62(b)(3) and 73.3526(e)(12) of the Commission's Rules (``Rules'') for failure to make appropriate entries in the broadcast station log indicating the reasons why tests of the Emergency Alert System (EAS) were not received, for failure to make field intensity measurements at each designated monitoring point location on the KIRL nighttime directional array as often as necessary to maintain compliance
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237638A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237638A1.pdf
  • FOR FORFEITURE Released: November 20, 2002 By the District Director, Denver Office, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Pilgrim Communications, Inc. ("Pilgrim"), licensee of AM radio station KWYD in Colorado Springs, Colorado, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Commission's Rules ("Rules"). Specifically, we find Pilgrim apparently liable for failing to have Emergency Alert System ("EAS") equipment operational, failing to maintain the requisite main studio presence, failing to maintain power levels between 90% and 105% of authorized power levels and exceeding the authorized nighttime power level at station KWYD. BACKGROUND During routine station
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  • 47 C.F.R. � 11.18. State EAS plans contain guidelines that must be followed by broadcast and cable personnel, emergency officials and National Weather Service personnel to activate the EAS for state and local emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. � 11.35. 47 C.F.R. � 11.61. The required monthly and weekly tests are required to conform with the procedures in the EAS Operational Handbook. See also, Amendment of Part 11 of the Commission's Rules Regarding the Emergency Alert System, EB Docket No. 01-66, Report and Order, FCC 02-64 (Feb. 26, 2002); 67 Fed Reg 18502 (April 16, 2002) (effective May 16, 2002,
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  • 200332940001 FRN: 000-494-6141 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 29, 2002 By the District Director, San Diego Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that HBC License Corporation (``HBC''), licensee of FM Broadcast stations KHOT-FM, Paradise Valley, Arizona and KHOV-FM, Wickenburg, Arizona, has apparently willfully and repeatedly violated Sections 11.35(a), 11.35(c) and 11.61 of the Commission's Rules by failing to maintain operational Emergency Alert System ("EAS") encoder and decoder equipment and by failing to conduct and log required EAS tests. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that HBC is apparently liable for a forfeiture in the amount of eight thousand dollars
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  • File No. EB-02-SD-285 NAL/Acct. No. 200332940002 FRN: 000-619-9038 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 31, 2003 By the Enforcement Bureau: San Diego Office INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Mr. Charles R. Meeker (``Meeker''), the licensee of Class A Television Broadcast (``Class A'') station KDPX-LP, apparently willfully and repeatedly violated Section 11.35 of the Commission's Rules and Regulations (``Rules''), by failing to ensure that required Emergency Alert System (``EAS'') equipment was installed and operational. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Mr. Charles R. Meeker is apparently liable for forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND On November 14, 2002,
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  • ) ) ) ) ) File No. EB-02-SD-288 NAL/Acct. No. 200332940004 FRN: 000-425-6426 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 31, 2003 By the Enforcement Bureau: San Diego Office INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Playa Del Sol Broadcasters (``Playa Del Sol''), the licensee of broadcast station KRCK-FM, apparently willfully violated Sections 11.35, 11.61 and 73.1125 of the Commission's Rules (``Rules''), by failing to ensure that required Emergency Alert System (``EAS'') equipment was operational, by failing to conduct required tests of the station's EAS equipment and by failing to maintain a local main studio. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Playa Del Sol
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  • File No. EB-00-CG-055 WJOL ) Joliet, Illinois ) NAL/Acct. No. X3232004 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 19, 2000 By the District Director, Chicago, Illinois, Field Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WJOL, Joliet, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules''). The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background On December 21, 1999, an agent from the Commission's
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  • EB-00-CG-056 WBVS ) Coal City, Illinois ) NAL/Acct. No. X3232005 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 19, 2000 By the District Director, Chicago, Illinois, Field Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WBVS, Coal City, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules''). The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background On December 21, 1999, an agent from the Commission's
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  • OF APPARENT LIABILITY FOR FORFEITURE Released: February 14, 2003 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Victory & Power Ministries, Inc. (``Victory Ministries''), licensee of radio station WPFC, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 11.35(a), 73.49, and 73.3526(c) of the Commission's Rules (``Rules''). Specifically, we find Victory Ministries apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to provide an effective locked fence enclosing the station's antenna tower, and failing to have the station's public inspection file available for inspection during regular business hours. II. BACKGROUND 2. On November 13, 2002,
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  • tape printout of the EAS activity from June 23, 2002 to August 11, 2002, demonstrate that Pearson was not receiving or sending required tests from June 23, 2002 until the time of inspection on November 6, 2002. Furthermore, there were no entries in the station's log to indicate any problem or malfunction of the EAS equipment as required by Section 11.35(b) of the Rules. Station management was unaware as to when the station had last conducted an EAS test. No station personnel were able to conduct an EAS test. 4. Based on the evidence before us, we find Pearson willfully and repeatedly violated Section 11.61 of the Rules by failing to conduct weekly and monthly EAS tests. 5. Section 1.80(b)(4) of
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  • no evidence of EAS tests performed at station WQXB more recent than log entries dated June, 1999. The licensee's representative admitted that tests had not been conducted and that equipment controlling the EAS unit had malfunctioned. In addition, there were no entries in the station's log to indicate any problem or malfunction of the EAS equipment as required by Section 11.35(b) of the Rules. 4. Based on the evidence before us, we find Chatterbox willfully and repeatedly violated Section 11.61 of the Rules by failing to conduct weekly and monthly EAS tests. 5. Section 1.80(b)(4) of the Rules sets forth the base amounts for various violations of the Commission's Rules. The Rules do not establish a base forfeiture amount for violating
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  • ) File No. EB-03-SD-017 NAL/Acct. No. 200332940006 FRN: 000-497-4044 NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Enforcement Bureau: San Diego Office Released: March 31, 2003 INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Desert Television LLC (``Desert''), the licensee of Class A Television Broadcast (``Class A'') station KPSP-LP, apparently willfully and repeatedly violated Sections 11.35 and 11.61 of the Commission's Rules (``Rules''), by failing to ensure that required Emergency Alert System (``EAS'') equipment was operational, failing to receive and retransmit required monthly and weekly EAS tests, failing to determine the cause of the failure to receive the required tests, and failing to maintain required EAS logs. We conclude, pursuant to Section 503(b) of the Communications
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  • File No. EB-00-CG-053 WLLI-FM ) Joliet, Illinois ) NAL/Acct. No. X3232002 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 19, 2000 By the District Director, Chicago, Illinois, Field Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WLLI-FM, Joliet, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules''). The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background On December 21, 1999, an agent from the Commission's
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  • File No. EB-00-CG-054 WJTW ) Joliet, Illinois ) NAL/Acct. No. X3232003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 19, 2000 By the District Director, Chicago, Illinois, Field Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WJTW, Joliet, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules''). The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background On December 21, 1999, an agent from the Commission's
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  • this Notice of Apparent Liability for Forfeiture (``NAL''), we find Jesse C. Ross and Ernestine A. Ross (``Ross''), licensee of radio station WSAO(AM), Senatobia, Mississippi and owner of the antenna structure at North 34� 36' 56'' latitude, West 089� 56' 09'' longitude, apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000) for willful violation of Sections 11.35(a) and 73.3526(c)(1) of the Commission's Rules (``Rules''), and willful and repeated violation of Section 17.4(a) of the Rules. Specifically, we find Ross apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment, failing to register its antenna structure, and failing to make all of the required documents of the public inspection file available during regular business hours. II.
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  • I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find New River Valley Radio Partners, LLC (``NRVRP''), licensee of AM station WFNR, Blacksburg, Virginia and owner of WFNR's antenna structures, 1016736, 1016737 and 1016738 in Christiansburg, Virginia, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 11.35(a), 17.50 and 73.49 of the Commission's Rules (``Rules''). Specifically, we find NRVRP apparently liable for failing to maintain the operational readiness of its EAS equipment, for failing to maintain good visibility of its antenna structures and for failing to maintain effective fencing around its energized AM antenna towers. II. BACKGROUND NRVRP is the licensee of WFNR, Blacksburg, Virginia. The WFNR
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  • Enforcement Bureau, Dallas Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Renaissance Radio, Inc. (``Renaissance Radio''), licensee of AM radio station KCAF, Farmersville, Texas, and owner of antenna structure #1222577 in Caddo Mills, Texas, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 11.35(a), 17.51(a), and 73.49 of the Commission's Rules (``Rules''). Specifically, we find Renaissance Radio apparently liable for failing to have operational Emergency Alert System (``EAS'') equipment, failing to exhibit red obstruction lighting from sunset to sunrise, and failing to provide an effective locked fence around the base of the radiating antenna tower. II. BACKGROUND On November 13, 2002, an agent of
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  • APPARENT LIABILITY FOR FORFEITURE Released: May 2, 2003 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Petracom of Texarkana, L.L.C. (``Petracom''), licensee of FM radio station KPGG, Ashdown, Arkansas, apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Commission's Rules (``Rules''). Specifically, we find Petracom apparently liable for failure to have Emergency Alert System (``EAS'') equipment installed. II. BACKGROUND On January 30, 2003, agents from the FCC's Enforcement Bureau's Dallas Field Office inspected FM station KPGG in Texarkana, Texas. The agents' inspection revealed that EAS equipment was not installed. The station's operations manager stated that the
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  • OF APPARENT LIABILITY FOR FORFEITURE Released: November 5, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Mediacom, operator of the cable television system serving Jefferson City, Missouri, apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35 of the Commission's Rules (``Rules''). Specifically, we find Mediacom apparently liable for failure to maintain operational Emergency Alert System (``EAS'') equipment. II. BACKGROUND 2. On September 12, 2002, an agent of the Commission's Kansas City Office, accompanied by Mr. Gilbert of Mediacom, inspected the EAS installation for Mediacom's cable television system serving Jefferson City, Missouri. The EAS equipment was set
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  • Return Receipt Requested to Falcon Cablevision D/B/A Charter Communications, 12405 Powerscourt Drive, St. Louis, Missouri 63131. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director, Kansas City Office Enforcement Bureau Attachment 47 C.F.R. � 11.61(a)(1). EAS tests and activations, failure to receive such tests and activations, and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. �� 11.35(a)-(b), 11.54(b)(12), 11.55(c)(7) and 11.61(b). Section 312(f)(1) of the Act, 47 U.S.C. � 312(f)(1), which applies equally to Section 503(b) of the Act, provides that ``[t]he term `willful,' when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this
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  • Requested to Palmetto Broadcasting Company, Inc., 2203 Old Williamston Rd., Anderson, SC 29621. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director, Atlanta Office Enforcement Bureau Attachment A 1 47 C.F.R. �� 11.61(a) and 17.4(a). EAS tests and activations, failure to receive such tests and activations, and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. �� 11.35(a)-(b), 11.54(b)(12), 11.55(c)(7) and 11.61(b). See 47 C.F.R. � 17.7(a). Section 312(f)(1) of the Act, 47 U.S.C. � 312(f)(1), which applies to Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate
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  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 10, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Clinton Radio Company, licensee of radio stations KDKD and KDKD-FM, apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 11.35(a) and 73.3526(c) of the Commission's Rules (``Rules''). Specifically, we find Clinton Radio Company apparently liable for failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to make available all required contents of the public inspection file during regular business hours. II. BACKGROUND On February 11, 1999, the Kansas City Office issued to Clinton Radio Company a Notice of
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  • ) WMDJ-FM ) NAL/Acct. No. 200332360001 Martin, Kentucky ) ) FRN: 0005-0045-51 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 6, 2002 By the District Director, Detroit Office, Enforcement Bureau: Introduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Floyd County Broadcasting Company, Inc. (``Floyd County Broadcasting''), the licensee of WMDJ-FM, has apparently violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to have Emergency Alert System (EAS) equipment installed and operating. We conclude that Floyd County Broadcasting is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. Background On July 30, 2002, an FCC agent from the Detroit Office conducted an Emergency Alert System inspection of WMDJ-FM. At the
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  • No. 200332400003 WYGG ) Uniondale, New York ) FRN: 0007-5125-28 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 30, 2002 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Minority Business and Housing Development, Inc. (``Minority Business''), the licensee of radio station WYGG, has apparently violated Sections 11.35(a) and 73.1350(a) of the Commission's Rules (the ``Rules''). These sections respectively, require that the station have installed an operational EAS system, and that the station operate in accordance with the terms of the station authorization. We conclude that Minority Business is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND On February 20, 2002,
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  • Broadcast Station WGBN ) Pittsburgh, Pennsylvania ) FRN: 0008 2535 44 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 28, 2003 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Pentecostal Temple Development Corporation (``Pentecostal''), the licensee of AM broadcast station WGBN, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(i)(A) of the Commission's Rules (the ``Rules''). These sections respectively require that a broadcast station make entries in the station logs indicating the reason why it failed to receive an Emergency Alert System (``EAS'') test and that broadcast stations conduct Required Monthly Tests (``RMT'') and Required Weekly Tests (``RWT'') of the EAS equipment. We conclude that Pentecostal is
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  • ) ) File No. EB-02-LA-145 ) NAL/Acct. No. 200232900005 ) FRN 0001530633 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 26, 2002 By the District Director, Los Angeles Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Rotijefco, Inc., (Rotijefco) licensee of station KZBN, Santa Barbara, California, apparently willfully violated Section 11.35(a) of the Commission's Rules ("Rules")1 by failing to have operational Emergency Alert System ("EAS") equipment. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act")2, that Rotijefco is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND On February 12, 2002, Agents of the Los Angeles Office inspected KZBN.
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  • C.F.R. � 11.18. State EAS plans contain guidelines that must be followed by broadcast and cable personnel, emergency officials and National Weather Service personnel to activate the EAS for state and local emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 8 47 C.F.R. � 11.35. 9 47 C.F.R. � 11.61. The required monthly and weekly tests are required to conform with the procedures in the EAS Operational Handbook. See also, Amendment of Part 11 of the Commission's Rules Regarding the Emergency Alert System, EB Docket No. 01-66, Report and Order, FCC 02-64 (Feb. 26, 2002); 67 Fed Reg 18502 (April 16, 2002) (effective May 16,
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  • EB-02-LA-143 ) NAL/Acct. No. 200232900007 ) FRN 0001650019 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 26, 2002 By the District Director, Los Angeles Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Smith Broadcasting of Santa Barbara, LP, (Smith), licensee of station KEYT(AM), Santa Barbara, California, apparently willfully violated Section 11.35(a) of the Commission's Rules ("Rules")1 by failing to have operational Emergency Alert System ("EAS") equipment. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act")2, that Smith is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND On February 13, 2002, Agents of the Los Angeles Office inspected KEYT(AM).
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  • 2001 By the Enforcement Bureau: San Diego Office INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Navajo Broadcasting Company, Inc. (Navajo Broadcasting), licensee of radio stations KDJI (AM) and KZUA (FM) at Holbrook, Arizona, has apparently violated Section 503(b) of the Communications Act of 1934,1 as amended (``Act''), and has apparently willfully and repeatedly violated Section 11.35(a) and Section 11.61 of the Commission's Rules and Regulations (``Rules'')2 by failing to ensure that Emergency Alert System (EAS) equipment was installed and operating, and by failing to receive or retransmit weekly and monthly EAS tests at stations KDJI(AM) and KZUA(FM). We conclude that Navajo Broadcasting Company, Inc., is apparently liable for a forfeiture in the amount of ten thousand
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  • 1.949(c)(1). 47 C.F.R. � 90.175. 47 C.F.R. � 1.929(c)(4)(v). 47 C.F.R. � 90.159 The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. � 503(b)(2)(D). 47 C.F.R. � 1.80(b)(4). 47 C.F.R. �� 0.111, 0.311, 1.80. 47 C.F.R. �� 11.35(a) and 11.61. 47 C.F.R. � 1.1914. Federal Communications Commission - J J J J J J J $ &`#$ ( �
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  • NAL/Acct. No. 200232940006 FRN: 0003-7774-06 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 31, 2002 By the Enforcement Bureau: San Diego Office INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Blue Skies Broadcasting Corp. (``Blue Skies''), the licensee of Class A Television Broadcast (``Class A'') station KSKT-CA in San Marcos, California, apparently willfully violated Sections 11.35(a), 11.61 and 73.1125(c) of the Commission's Rules and Regulations (``Rules''), by failing to ensure that required Emergency Alert System (``EAS'') equipment was operational and failing to establish a main studio at a location within the station's predicted Grade B contour (as outlined in Section 73.683 of the Rules). We conclude, pursuant to Section 503(b) of the Communications Act of 1934,
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  • ) New York, New York ) FRN: 0006-14-5031 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 28, 2003 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Mega Communications of Camden Licensee, L.L.C. (``Mega''), the licensee of broadcast station WEMG(AM), Camden, New Jersey, has apparently violated Section 11.35(a) of the Commission's Rules (the ``Rules''). This section requires that stations make entries in the logs indicating the reasons why any Emergency Alert System (``EAS'') tests were not received. We conclude that Mega is apparently liable for a forfeiture in the amount of one thousand dollars ($1,000). II. BACKGROUND On November 18, 2002, an agent from the Enforcement Bureau's Philadelphia
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237889A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237889A1.pdf
  • LIABILITY FOR FORFEITURE Released: November 13, 2002 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Small Town Radio, Inc. (``Small Town Radio''), licensee of WDGR(AM), Dahlonega, GA, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Sections 73.49 and 11.35(a) of the Commission's Rules (``Rules''). Specifically, we find Small Town Radio apparently liable for failure to maintain operational emergency alert system (``EAS'') equipment and failure to maintain an effective locked fence around the base of the antenna tower for Radio Station WDGR(AM). II. BACKGROUND On October 21, 2003, an agent of the Commission's Atlanta Field Office inspected the fence surrounding
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  • ) FRN 0006-1414-02 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 28, 2002 By the District Director, Seattle Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Jean J. Suh, d/b/a Radio Hankook (``Suh''), licensee of station KSUH(AM) in Puyallup, Washington and station KWYZ(AM) in Everett Washington, has apparently willfully violated Sections 11.35(a), 11.61, 17.4(g) and 17.50 of the Federal Communications Commission's ("FCC") Rules by failing to have operational Emergency Alert System ("EAS") equipment, failing to conduct required weekly and monthly EAS tests, failing to post the Antenna Structure Registration (``ASR'') number in a conspicuous location so that it is visible near the base of the antenna structure, and failing to clean or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237909A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237909A1.pdf
  • ) ) File Number: EB-02-BF-178 EB-02-BF-179 NAL/Acct. No. 200332280001 FRN: 0003 7652 52 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 3, 2002 By the Resident Agent, Buffalo Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that Radio Lake Placid, Inc., (``RLP''), licensee of radio stations WIRD and WLPW, has apparently violated Section 11.35(a) of the Commission's Rules and Regulations (``Rules''), by failing to have installed an operational Emergency Alert System (``EAS''). We conclude that RLP is apparently liable for forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND On July 2, 2002, Resident Agent Gene Stanbro from the Commission's Buffalo Office inspected Radio Stations WIRD and WLPW in Lake Placid, New
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237910A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237910A1.pdf
  • ) File Number: EB-02-BF-181 NAL/Acct. No. 200332280002 FRN: 0001-8382-00 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 7, 2002 By the Resident Agent, Buffalo Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Arrow Communications of N.Y. Inc. (``Arrow''), licensee of radio stations WPIG(FM) and WHDL(AM) Olean, New York apparently violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to have operational Emergency Alert System (``EAS'') equipment available so that the transmitting and monitoring functions are available during times that the station is in operation. We conclude that Arrow Communications of N.Y. Inc. is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND On July 10,
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  • Broadcasting Company, Inc. KCLF(AM) New Roads, Louisiana ) ) ) ) ) ) ) File Number EB-01-OR-254 NAL/Acct.No. 200232620003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 27, 2001 By the Enforcement Bureau, New Orleans Field Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that New World Broadcasting Company, Inc. (``New World'') apparently violated Sections 11.35(a) and 73.1400 of the Commission's Rules (``Rules'') by failing to operate and install Emergency Alert System (``EAS'') equipment, and failing to monitor and control the transmission system. We conclude that New World is apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000). II. BACKGROUND On September 20, 2001, an agent from the New Orleans Field Office
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  • OF APPARENT LIABILITY FOR FORFEITURE Released: June 19, 2002 By the District Director, Denver Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Millcreek Broadcasting, L.L.C., ("Millcreek") licensee of Utah stations KUUU-FM1 in Salt Lake City, KUDD in Roy, KUUU in Tooele, and KUDD-FM1 in Salt Lake City, apparently willfully violated Sections 11.35(a) and 74.1251 of the Commission's Rules ("Rules") by failing to have operational Emergency Alert System ("EAS") equipment at the main FM stations KUUU and KUDD and by operating translator station KUUU-FM1 with an unauthorized transmission system at an unauthorized location and with excessive effective radiated power. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
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  • 47 C.F.R. � 11.18. State EAS plans contain guidelines that must be followed by broadcast and cable personnel, emergency officials and National Weather Service personnel to activate the EAS for state and local emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. � 11.35. 47 C.F.R. � 11.61. The required monthly and weekly tests are required to conform with the procedures in the EAS Operational Handbook. See also, Amendment of Part 11 of the Commission's Rules Regarding the Emergency Alert System, EB Docket No. 01-66, Report and Order, FCC 02-64 (Feb. 26, 2002); 67 Fed. Reg. 18502 (April 16, 2002). 12 FCC Rcd 17087
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  • for Forfeiture (``NAL''), we find L.T. Simes II & Raymond Simes (``Simes''), licensee of FM radio station KAKJ, Marianna, Arkansas, and owner of unregistered antenna structure located at 34� 47' 20'' North latitude by 090� 47' 08'' West longitude near Marianna, Arkansas, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for willful violation of Sections 11.35(a), 17.4(a), and 73.1350(a) of the Commission's Rules (``Rules''). Specifically, we find L.T. Simes II & Raymond Simes apparently liable for failing to ensure Emergency Alert System (``EAS'') equipment was installed and operational, failing to register their antenna structure with the Commission, and failing to construct the transmitter site and antenna structure at its licensed geographical coordinates. II. BACKGROUND 2. On
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  • Return Receipt Requested to Reef Broadcast, Inc., 79-A Castle Coakley, Christiansted, US Virgin Islands 00820. FEDERAL COMMUNICATIONS COMMISSION Reuben Jusino Resident Agent - San Juan Office, Enforcement Bureau 47 C.F.R � 11.61(a)(1)(i) EAS equipment malfunctions, EAS activations and tests, as well as the failure to receive activations and tests must be recorded in the station's logs. See 47 C.F.R. �� 11.35(a), 11.35(b), 11.54.(b)(14), 11.55(c)(7), and 11.61(b). Section 312(f)(1) of the Act, 47 U.S.C. � 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any
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  • WRHC(AM), 1550 kHz Miami, Florida ) ) ) ) ) ) File Number EB-02-TP-235 NAL/Acct.No.200232700007 FRN No. 0005-0123-56 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 7, 2002 By the Enforcement Bureau, Tampa Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that WRHC Broadcasting Corp. (``WRHC''), licensee of WRHC in Miami, Florida, apparently violated Section 11.35(a) of the Federal Communications Commission's (``FCC'') Rules by failing to have Emergency Alert System (``EAS'') equipment in operation. We conclude that WRHC is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND On March 28, 2002, agents from the FCC Enforcement Bureau's Miami and Tampa Offices inspected radio station WRHC in Miami, Florida and
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  • ) NAL/Acct. No.: 200232700008 Miami, Florida ) FRN: 0006-1648-67 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 7, 2002 By the Enforcement Bureau, Tampa Office: Introduction 1. In this Notice of Apparent Liability for Forfeiture, we find that Fenix Broadcasting Corp. (``Fenix''), licensee of WWFE(AM) in Miami, Florida, apparently violated the following Sections of the Federal Communications Commission's (``FCC'') Rules: 11.35(a) (failure to have operational Emergency Alert System (``EAS'') equipment); 17.51 (failure to exhibit tower lights from sunset to sunrise);and 73.49 (failure to enclose antenna towers having radio frequency potential at the base within effective locked enclosures). We conclude that Fenix is apparently liable for a forfeiture in the amount of twenty one thousand dollars ($21,000). II. Background 2. On March
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  • ) ) ) ) ) File Number EB-02-TP-221 NAL/Acct. No. 200232700010 FRN: 0006-7335-47 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 4, 2002 ` By the Enforcement Bureau, Tampa Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that Faith Bible College, Inc. (``Faith''), licensee of FM broadcast station WTGF in Milton, Florida, willfully violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to maintain operational Emergency Alert System (``EAS'') equipment. We conclude that Faith Bible College, Inc. is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND On March 13, 2002, an agent from the FCC Enforcement Bureau's Tampa Field Office inspected Faith's FM broadcast station WTGF, Milton, Florida.
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  • ) ) ) ) ) File Number EB-02-AT-071 NAL/Acct. No.200232480007 FRN 0006-1248-87 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 24, 2002 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that Atlantic Beach Radio, Inc. (``Atlantic''), licensee of Radio Station WMIR(AM), Atlantic Beach, South Carolina, willfully and repeatedly violated Sections 11.35 and 73.1745 of the Commission's Rules (``Rules''), by failing to maintain operational Emergency Alert System (``EAS'') equipment and by operating with excessive power at night in violation of the terms of station authorization. We find Atlantic Beach Radio, Inc. apparently liable for forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND On May 6 and 7, 2002, an
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  • OF APPARENT LIABILITY FOR FORFEITURE Released: July18, 2002 By the Enforcement Bureau, Atlanta: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Adelphia Communications Corporation (``Adelphia''), owner of Adelphia Communications cable system in Cullman, Alabama, is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 11.35(a) of the Commission's Rules (``Rules'') by failing to maintain operational Emergency Alert System (``EAS'') equipment. II. BACKGROUND On June 27, 2002, an agent of the Commission's Atlanta Field Office inspected the EAS installation of Adelphia's cable television system in Cullman, Alabama. At the time of inspection, the EAS equipment, although present, was not installed and connected so as to be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238195A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238195A1.pdf
  • FRN 0007-3941-09 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 30, 2002 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Lighthouse Broadcasting, licensee of radio station WBIC(AM), Royston, Georgia, apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000) for willful and repeated violation of Sections 11.35(a) and 73.1745 of the Commission's Rules (``Rules''). Specifically, we find Lighthouse Broadcasting apparently liable for failing to maintain operational Emergency Alert System (``EAS'') equipment and operating with excessive power during post sunset hours and then failing to discontinue operation at night. II. BACKGROUND On June 18, 2002, an agent of the FCC Enforcement Bureau's Atlanta Field Office (``Atlanta Office'') monitored
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  • Apparent Liability for Forfeiture (``NAL''), we find J & W Promotions, Inc., licensee of AM radio station WAPZ, Wetumpka, Alabama, and owner of unregistered antenna structure located at 32� 29' 06'' North latitude by 086� 12' 25'' West longitude in Wetumpka, Alabama, apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000) for willful violation of Sections 11.35(a), 17.4(a), and 73.49 of the Commission's Rules (``Rules''). Specifically, we find J & W Promotions, Inc. apparently liable for failing to ensure Emergency Alert System (``EAS'') equipment was installed and operational, failing to register their antenna structure with the Commission, and failing to maintain an effective locked fence around the base of the antenna structure. II. BACKGROUND 2. On July
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238202A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238202A1.pdf
  • for Forfeiture (``NAL''), we find Southern Media Communications, Inc. (``Southern''), licensee of AM radio station WBCA, Bay Minnette, Alabama, and owner of unregistered antenna structure located at 30� 52' 10'' North latitude by 087� 46' 09'' West longitude in Bay Minnette, Alabama, apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000) for willful violation of Sections 11.35(a) and 17.4(a) of the Commission's Rules (``Rules''). Specifically, we find Southern Media Communications, Inc. apparently liable for failing to ensure Emergency Alert System (``EAS'') equipment was operational and failing to register their antenna structure with the Commission. II. BACKGROUND 2. On August 22, 2002, an agent from the FCC Enforcement Bureau's Atlanta Office inspected Southern's antenna structure at 30� 52'
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238220A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238220A1.pdf
  • EB-02-KC-395 NAL/Acct.No.200232560012 FRN 0002-5340-55 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 28, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that KGGF-KUSN, Inc., licensee of radio stations KGGF(AM), KKRK(FM), and KUSN(FM), and owner of antenna structure numbers 1033307, 1033308, 1033309, and 1033310, willfully and repeatedly violated Sections 11.35(a), 17.47(a)(1), 17.50 and 73.49 of the Commission's Rules (``Rules''), by: failing to determine the cause of Emergency Alert System (``EAS'') transmitting and monitoring failures; failing to inspect antenna structure lighting; failing to clean and repaint its four antenna structures as often as necessary to maintain good visibility; and failing to maintain an effective locked fence around its four antenna structures
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238236A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238236A1.pdf
  • ) File No. EB-01-CG-139 Licensee: WGEZ ) Beloit, Wisconsin ) NAL/Acct. No. 200132320002 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 13, 2001 By the District Director, Chicago Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Rego, Inc., c/o Betsy Trimble (``Rego''), licensee of Radio Station WGEZ, has apparently violated Sections 11.35(a), 73.1400(a)(1)(ii), and 73.1800(a) of the Commission's Rules (the ``Rules''). These violations occurred as a result of the failure of Radio Station WGEZ, located in Beloit, Wisconsin, to have operational Emergency Alert System (``EAS'') equipment installed, failure to have sufficient transmission system monitoring and control capability and failure to have a station log. We conclude that Rego is apparently liable for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238246A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238246A1.pdf
  • ) ) Radio Station WDWZ(AM) ) West Point, GA ) File Number EB-01-AT-0040 NAL/Acct. No. 20013248-0001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 16, 2001 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Zachery Broadcasting Company (``Zachery''), licensee of AM broadcast station WDWZ(AM), has apparently violated sections 11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.49, 17.4(a), and 73.49 of the Commission's Rules. Specifically, Zachery failed to maintain emergency alert system (``EAS'') equipment, failed to maintain a public inspection file, failed to maintain the painting and lighting of the station's antenna structure, failed to report and record the outage of the station's antenna structure lights, failed to register the station's antenna
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  • EB-00-KC-193 Station KYOO-FM ) EB-00-KC-194 Bolivar, Missouri 65613 ) NAL/Acct.No. 20013256-001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 31, 2001 By the Enforcement Bureau, Kansas City Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that KYOO Communications, licensee of station KYOO (AM), Bolivar, Missouri, and KYOO-FM, Half-Way, Missouri, has apparently violated sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Commission's Rules (``Rules'') for failure to maintain operational Emergency Alert System (``EAS'') equipment, for failure to clean and repaint the KYOO antenna structure as often as necessary to maintain good visibility, for failure to monitor and control the KYOO transmitter and for failure to maintain station logs. We conclude that KYOO Communications is apparently
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238253A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238253A1.pdf
  • September 30, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Hunt Broadcasting Group, Inc. (``Hunt''), licensee of radio stations KPWB AM and FM, Piedmont, Missouri, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for willful violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6) and 73.3526(e)(12) of the Commission's Rules (``Rules''). Specifically, we find Hunt apparently liable for failure to provide an effective locked fence enclosing the base of the station's AM antenna, failure to provide transmitter control and monitoring capabilities, failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain all required items in the station's public inspection
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238254A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238254A1.pdf
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 20, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find American Family Association (``American''), licensee of radio station KAUF, Kennett, Missouri, apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000) for willful violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7) and 73.3527(e)(8) of the Commission's Rules (``Rules''). Specifically, we find American apparently liable for failure to maintain operational Emergency Alert System (``EAS'') equipment, and failure to maintain all required items in the station's public inspection file. II. BACKGROUND 2. On July 17, 2002, an agent from the Commission's Kansas City Field Office inspected FM station KAUF located in
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  • Broadcasting, Inc. ) WKIB Radio ) File No. EB-01-KC-573 Anna, Illinois ) NAL/Acct. No. 20013256-002 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 22, 2001 By the Enforcement Bureau, Kansas City Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find Union Broadcasting, Inc. (Union), licensee of FM broadcast station WKIB, has apparently violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to have Emergency Alert System (EAS) equipment installed and operating. We conclude that Union Broadcasting Inc. is apparently liable for forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. On April 11, 2001, an agent from the Commission's Kansas City Field Office (``Field Office'') inspected FM broadcast station WKIB. During
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  • KJJY Antenna Registration #1028734 Newton, MA ) ) ) ) ) ) ) ) File Number EB-01-KC-678 NAL/Acct.No.20013256-003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 3, 2001 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that Barnstable Broadcasting, Inc. dba Two Rivers Broadcasting Limited Partnership apparently violated Section 11.35(a), and 17.51(b) of the Commission's Rules, by failing to determine and log the reasons why EAS tests were not being received on both KGGO and KJJY, and by failing to comply with proscribed lighting on the KGGO tower bearing antenna registration #1028734. We conclude that Barnstable Broadcasting, Inc. dba Two Rivers Broadcasting Limited Partnership is apparently liable for a forfeiture
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238264A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238264A1.pdf
  • WBSL (AM) ) File No. EB-01-OR-012 Bay St. Louis, Mississippi 39520 ) NAL/Acct. No. 200132620003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 4, 2001 By the Enforcement Bureau, New Orleans Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find Hancock Broadcasting Corporation (Hancock), licensee of AM broadcast station WBSL, has apparently violated Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules'') by failing to ensure that Emergency Alert System (EAS) equipment was installed and operating, and failing to enclose the tower within an effective locked fence or other enclosure. We conclude that Hancock Broadcasting Corporation is apparently liable for forfeiture in the amount of fifteen thousand dollars ($15,000). II. BACKGROUND 2. On January 24,
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  • Broadcasting, L.L.C. ) WSLA (AM) ) File No. EB-01-OR-138 Slidell, Louisiana ) NAL/Acct. No. 200132620005 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 24, 2001 By the Enforcement Bureau, New Orleans Field Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that MAPA Broadcasting, L.L.C. (``MAPA''), licensee of AM broadcast station WSLA, apparently violated Sections 11.35(a) and 73.49 of the Commission's Rules (``Rules'') by failing to ensure that Emergency Alert System (``EAS'') equipment was installed and operating, and failing to enclose the tower within an effective locked fence or other enclosure. We conclude that MAPA is apparently liable for forfeiture in the amount of fifteen thousand dollars ($15,000). II. BACKGROUND 2. On March 14, 2001, agents
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  • LIABILITY FOR FORFEITURE Released: October 26, 2000 By the Enforcement Bureau, Tampa District Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find Cumulus Licensing Corporation, licensee of Stations WHBX(FM), Tallahassee, Florida, WHBT(AM), Tallahassee, Florida, and WWLD(FM), Tallahassee, Florida, apparently liable for a forfeiture in the amount of twenty four thousand dollars ($24,000) for violation of Section 11.35(a) of the Commission's rules, 47 C.F.R. � 11.35(a), which requires Emergency Alert System (EAS) equipment to be installed and operating at broadcast stations. We find that the required EAS Encoders, EAS Decoders and Attention Signal generating and receiving equipment was not installed, nor had ever been purchased for these three stations. II. BACKGROUND On August 31, 2000, an agent of
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  • ) Tallahassee, FL ) NAL/Acct.No. 200132700003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 30, 2000 By the Enforcement Bureau, Tampa District Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find Rebus, Inc., licensee of Station WTAL(AM), Tallahassee, Florida apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Commission's rules, 47 C.F.R. � 11.35(a), which requires Emergency Alert System (EAS) equipment to be installed and operating at a broadcast station. We find that the required EAS Encoder, EAS Decoder and Attention Signal generating and receiving equipment was not installed, nor had ever been purchased for this station. II. BACKGROUND On August 31, 2000, an agent of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238298A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238298A1.pdf
  • Licensee: WHOW and WHOW-FM ) Clinton, Illinois ) FRN: 0003-7736-94 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 18, 2002 By the District Director, Chicago Office, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cornbelt Broadcasting Co. (``Cornbelt''), licensee of AM broadcast station WHOW and FM broadcast station WHOW-FM, has apparently violated sections 11.35(a), 17.4(g), and 73.49 of the Commission Rules (the ``Rules''). Cornbelt failed to have an operational Emergency Alert System (``EAS'') decoder; failed to display the Antenna Structure Registration (``ASR'') number, and failed to comply with AM tower base fencing requirements. We conclude that Cornbelt is apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000). BACKGROUND On February
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238308A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238308A1.pdf
  • NAL/Acct. No. 200232360005 Oberlin College Student Network, Inc. ) Oberlin, Ohio ) FRN: 0005-0115-72 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 23, 2002 By the District Director, Detroit Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Oberlin College Student Network, Inc. (``Oberlin''), the licensee of WOBC-FM, has apparently violated Section 11.35(a) of the Commission's Rules (``Rules'') by failing to have Emergency Alert System (EAS) equipment installed and operating. We conclude that Oberlin is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. Background On March 12, 2002, an FCC agent from the Detroit Office conducted an Emergency Alert System inspection of WOBC-FM. At the time of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238338A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238338A1.pdf
  • File No. EB-00-BS-106 WBOT ) Brockton, MA ) NAL/Acct. No. 200132260001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 8, 2001 By the District Director, Boston Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that RADIO ONE LICENSES INC. (``Radio One''), licensee and operator of WBOT (FM), Brockton, MA, apparently violated Sections 11.35(a), 73.1125(d), 73.1350(c)(1), 73.1800(a), and 73.3526(a)(2) of the Commission's Rules (the ``Rules''). The violations include failure to have operational Emergency Alert System (``EAS'') equipment, failure to conduct and log required EAS tests, failure to establish a local or toll-free telephone number in the community of license, failure to establish monitoring procedures to determine compliance with Section 73.1560 regarding operating power, failure
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238339A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238339A1.pdf
  • Time Warner Cable ) File No. EB-01-PL-037 10210 Crosstown Circle ) Eden Prairie, Minnesota ) NAL/Acct. No. 200132280001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 3, 2001 By the Resident Agent, Saint Paul Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Time Warner Cable (``Time Warner'') has apparently violated Sections 11.35(a), 11.61(a)(1)(iii), and 11.61(a)(2)(i)(B) of the Commission's Rules (the ``Rules''). These violations occurred as a result of the failure of the Time Warner Cable system located in Eden Prairie, MN to have functional equipment capable of receiving and sending Emergency Alert System (``EAS'') alerts to subscribers, failure to transmit required weekly and monthly EAS tests, failure to have a copy of
• http://hraunfoss.fcc.gov/edocs_public/attachma