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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:  April 12, 2001                Released:  April 16, 2001

By the Chief, Enforcement Bureau:

1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  deny  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 January  29, 2001.1  This is  the 
  fourth 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 its fourth petition  for reconsideration, Joy  again 
  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 Forfeiture  (``NAL'')5 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).   In the  January  29,  2001, 
  Memorandum Opinion and  Order, we granted Joy's third  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,  we concluded  that Joy's  argument that  there was  no 
  violation  of  Section  73.317(d)  was  moot  and  required  no 
  further   consideration.    In   its   instant   petition   for 
  reconsideration, Joy  argues that  the Bureau  must delete  the 
  indication  that  WJTF-FM violated  Section  73.317(d)  because 
  there is no support in the record for that finding.

3.        We  deny  Joy's  petition  for  reconsideration.    The 
  violation of Section 73.317(d)  cited in the NOV issued to  Joy 
  was not  included in the  NAL.  Furthermore, we  made clear  in 
  our January  29, 2001, Memorandum Opinion  and Order that  this 
  violation  will  not   be  used  against  Joy  in  any   future 
  proceeding.   Joy's argument  that there  was no  violation  of 
  Section  73.317(d) is  beyond  the scope  of  this  proceeding.  
  This proceeding  is not  the proper vehicle  for challenging  a 
  violation that was not included in the NAL.  

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 January  29, 
  2001, Memorandum Opinion and Order IS DENIED.

5.        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    Joy Public Broadcasting Corporation, Inc., DA 01-184 (Enf. 
Bur., released January 29, 2001).  

  2   14 FCC Rcd 856 (Compl.  & Inf. Bur., 1999), recon.  denied, 
15 FCC Rcd  8575 (Enf.  Bur., 2000),  recon. denied,  15 FCC  Rcd 
18255 (Enf. Bur., 2000), recon. granted in part, DA 01-184  (Enf. 
Bur., released January 29, 2001).

  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.