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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


                              )
In the Matter of                        )
                              )    File No. 99TP016
Joy Public Broadcasting Corporation          )    NAL/Acct. No.  
915TP0004 
Radio Station WJTF-FM              )
Panama City, Florida                    )
                              
                                     
                  MEMORANDUM OPINION AND ORDER


Adopted:  January 25, 2001              Released:   January   29, 

2001

By the Chief, Enforcement Bureau:

1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  partially grant  a petition  for reconsideration  filed by  Joy 
  Public Broadcasting Corporation (``Joy''), licensee of  Station 
  WJTF-FM,  Panama City,  Florida, of  a Memorandum  Opinion  and 
  Order issued  in this proceeding on  September 1, 2000.1   This 
  is  the third  petition for  reconsideration  filed by  Joy  in 
  connection  with a  Forfeiture  Order2 which  issued  a  $3,000 
  forfeiture   against    Joy   for   violations   of    Sections 
  73.1350(c)(2),   73.1590(a)(1),  and   73.1870(b)(3)   of   the 
  Commission's   Rules  (``Rules'').3     The  noted   violations 
  involved Joy's  failure to  make periodic  calibrations of  the 
  station's monitoring  equipment, to make equipment  performance 
  measurements   upon  the   initial   installation  of   a   new 
  transmitter, and to  designate the station's chief operator  in 
  writing and  post a copy  of the designation  with the  station 
  license. 

2.        In the instant petition  for reconsideration, Joy  does 
  not raise challenges to the rule violations which gave rise  to 
  the $3,000 forfeiture issued in the Forfeiture Order.   Rather, 
  Joy challenges the  statement in the Forfeiture Order that  the 
  November 17,  1998, inspection of WJTF-FM  by the FCC's  Tampa, 
  Florida  Field  Office  (``Tampa  Field  Office'')  revealed  a 
  violation of  Section 73.317(d)  of the  Rules, which  provides 
  that any  emissions appearing on a  frequency removed from  the 
  carrier by more than  600 kHz must be attenuated at least 43  + 
  10  Log10  (Power,  in  watts)  dB  below  the  level  of   the 
  unmodulated  carrier,  or  80  dB,  whichever  is  the   lesser 
  attenuation.4   Measurements taken  by  agents from  the  Tampa 
  Field  Office   during  the  November   17,  1998,   inspection 
  indicated that  WJTF-FM's second and  third harmonics were  not 
  attenuated  to  80  dB  below  the  fundamental  frequency   as 
  required  by Section  73.317(d) of  the  Rules, and  the  Tampa 
  Field Office included  this violation in a Notice of  Violation 
  issued to  Joy on December 4,  1998.  However, the Tampa  Field 
  Office  did  not  include  this  violation  in  the  Notice  of 
  Apparent Liability for a Forfeiture5 issued to Joy on  February 
  4, 1999, because measurements of the station's signal taken  by 
  FCC agents on January 20, 1999, showed no violation of  Section 
  73.317(d).   Joy argues  in  its petition  for  reconsideration 
  that the  finding of a  violation of Section  73.317(d) in  the 
  Forfeiture Order is not  supported by the facts in the  record; 
  that  the measurements  taken  by  the FCC  agents  during  the 
  November 17, 1998,  inspection were taken improperly; and  that 
  neither the  September 1,  2000, Memorandum  Opinion and  Order 
  nor any of the  prior orders indicate whether the finding of  a 
  violation of Section 73.317(d) will be held against Joy in  the 
  future.

3.        We grant  Joy's petition  for reconsideration  for  the 
  limited  purpose  of  ruling  that  the  Tampa  Field  Office's 
  finding  of  a  violation  of  Section  73.317(d)  during   the 
  November 17, 1998, inspection  will not be used against Joy  in 
  any future proceeding.  In light of this ruling, the  remaining 
  arguments  raised in  Joy's  petition for  reconsideration  are 
  moot  and we need  not address  them here.  We  note that  this 
  ruling does  not alter our conclusion  in the Forfeiture  Order 
  that Joy  violated Sections  73.1350(c)(2), 73.1590(a)(1),  and 
  73.1870(b)(3)  of  the  Rules  or  affect  the  amount  of  the 
  forfeiture assessed for those violations.

4.        ACCORDINGLY, IT IS  ORDERED that,  pursuant to  Section 
  405 of the  Communications Act of 1934, as amended  (``Act''),6 
  and  Section  1.106 of  the  Rules,7  Joy  Public  Broadcasting 
  Corporation's petition for reconsideration of the September  1, 
  2000, Memorandum  Opinion and  Order IS GRANTED  to the  extent 
  indicated herein.

5.        Payment of the forfeiture shall  be made in the  manner 
  provided for  in Section 1.80 of the  Rules8 within 30 days  of 
  the  release of  this Order.   If the  forfeiture is  not  paid 
  within the  period specified, the case  may be referred to  the 
  Department  of  Justice  for  collection  pursuant  to  Section 
  504(a) of the Act.9   Payment shall be made by mailing a  check 
  or  similar instrument,  payable to  the order  of the  Federal 
  Communications  Commission,   to  the  Federal   Communications 
  Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.   The 
  payment  should  note  the  NAL/Acct.  No.  referenced   above.  
  Requests for full  payment under an installment plan should  be 
  sent to:  Chief, Credit  and Debt Management  Center, 445  12th 
  Street, S.W., Washington, D.C. 20554.10
6.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be  sent by  Certified Mail  Return  Receipt Requested  to  Joy 
  Public Broadcasting Corporation, 341 S. Washington,  Lancaster, 
  Wisconsin 53813,  and to its counsel,  Timothy E. Welch,  Esq., 
  Hill  & Welch,  1330  New  Hampshire Avenue  N.W.,  Suite  113, 
  Washington, D.C. 20036.

 
                              FEDERAL COMMUNICATIONS COMMISSION

  

                              David H. Solomon
                              Chief, Enforcement Bureau


_________________________

  1   15 FCC Rcd 18255 (Enf. Bur., 2000).  The September 1,  2000 
Memorandum  Opinion   and  Order   denied  Joy's   petition   for 
reconsideration of a Memorandum Opinion and Order issued on March 
9, 2000.  See 15 FCC Rcd 8575 (Enf. Bur., 2000).  

  2   14 FCC Rcd 856 (Compl. & Inf. Bur., 1999).  

  3     47   C.F.R.       73.1350(c)(2),   73.1590(a)(1)    and 
73.1870(b)(3).      

  4   47 C.F.R.  73.317(d).  

  5   Notice of  Apparent Liability for  a Forfeiture,  NAL/Acct. 
No. 915TP00004 (Compl. & Inf. Bur., Tampa, Florida Field  Office, 
released February 4, 1999).   

  6   47 U.S.C.  405    

  7   47 C.F.R.  1.106. 

     8 47 C.F.R.  1.80.

     9 47 U.S.C.  504(a).

     10 See 47 C.F.R.  1.1914.