NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file how2ftp. File how2ftp (.txt & .wp) is in directory /pub/Bureaus/Miscellaneous/Public_Notices/ ***************************************************************** ******** $// MO&O, Covenant Media Services, Inc., KJUS(AM) (Beaumont, TX), DA 96-526 //$ $/ 300.503(b) Forfeitures /$ $/ 300.310(d) Limitation on Holding and Transfer of Licenses /$ $/ 073.3540 Application for Voluntary Assignment or Transfer of Control /$ Federal Communications Commission DA 96-526 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of) ) Liability of ) Covenant Media Services, Inc. ) ) Licensee of Station KJUS(AM), ) Beaumont, Texas ) ) For a Forfeiture) MEMORANDUM OPINION AND ORDER Adopted: April 3, 1996 Released: April 12, 1996 By the Chief, Mass Media Bureau: 1. The Commission, by the Chief of the Mass Media Bureau, acting pursuant to authority delegated by 47 C.F.R.  0.283, adopted a $1,000 Notice of Apparent Liability ("NAL") on November 6, 1995, against Covenant Media Services, Inc. ("Covenant"), licensee of Station KJUS(AM) (formerly KZXT(AM)), Beaumont, Texas. Covenant Media Services, Inc., 10 FCC Rcd 12534 (MMB 1995). The NAL, which is incorporated herein by reference, was issued for unauthorized assumption of control of Station KJUS, in violation of Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C.  310(d) (the "Act") and Section 73.3540 of the Commission's Rules, 47 C.F.R.  73.3540. 2. The NAL was sent by certified mail as required by 47 C.F.R.  1.80(f)(2) and was received by Covenant on November 20, 1995. Covenant neither paid the forfeiture nor filed a response to the NAL. Pursuant to 47 C.F.R.  1.80(f)(4), if a proposed forfeiture penalty is not paid in full in response to an NAL, the Commission, upon consideration of all relevant information available, may issue an order requiring that the proposed forfeiture be paid in full. Covenant has admitted that it assumed control of Station KJUS from May 20 to July 27, 1993, without Commission approval. In establishing the forfeiture amount, we considered all the information before us and we see no reason to repeat that discussion or reach a different result here. 3. Accordingly, we find that from May 20 to July 27, 1993, Covenant repeatedly violated Section 310(d) of the Act and Section 73.3540 of the Commission's Rules. Pursuant to Section 503(b)(1)(D) of the Act and Section 1.80(f)(4) of the Commission's Rules, IT IS ORDERED that Covenant Media Services, Inc. forfeit to the United States the sum of One Thousand Dollars ($1,000) for said violations. In regard to this forfeiture proceeding, Covenant may take any action set forth in 47 C.F.R.  1.80, as summarized in the attachment to this Memorandum Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau Attachments